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201608228
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7/3/2017 5:40:30 PM
Creation date
12/8/2016 11:17:26 AM
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DEEDS
Inst Number
201608228
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201608228 <br />in which any part of the Property is located and shall mail copies of such notice in the manner prescribed <br />by applicable law to Trustor and to the other persons prescribed by applicable law. After the time <br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public announcement at the time and place of any -previously scheduled sale. <br />Beneficiary or its designee may purchase the Property at any sale. Upon receipt of payment of the price <br />bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the <br />Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall <br />apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not <br />limited to, Trustee's fees as permitted by applicable law And reasonable attorney's fees; (b) to all sums <br />secure..i d)i this Securit Iris rniient; and (c) any ,exc ss to-the person; or perso ns le-gall; entitled, to it <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or abandonment <br />of the Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to <br />enter upon, take possession of and manage the Property and to collect the rents of the Property including <br />those past due. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the <br />costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, <br />premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this <br />Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and. Beneficiary, and each of them, shall be entitled <br />to enforce payment and performance of any indebtedness or obligations secured hereby 'aid to exercise <br />all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any <br />laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations <br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether <br />by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in <br />any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them <br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary <br />or Trustee in such order and manner as they or either of them may in their absolute discretion determine. <br />No remedy herein conferred upon: or reserved to Trustee or Beneficiary is intended to be exclusive of any <br />other remedy hereunder or hereafter existing at law or in equity or by statute. Every power or remedy <br />given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as <br />may he deemed expedient by Truste or Beneficiary and either of therm may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against <br />the Trustor to the extent such action is permitted by law. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be <br />given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are <br />declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, <br />but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, <br />discharge or termination is sought. <br />17. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, <br />Beneficiary shall request Trustee to reconvey the Property and shall surrender this Security Instrument <br />and all notes evidencing debt secured by this Security Instrument to Trustee. :Trustee shall reconvey the <br />Property without warranty and without charge to the person or persons legally entitled to it Such person <br />or persons shall pay any recordation costs. <br />18. REQUEST FOR NOTICES. Trustor requests that copies of the notices of default and sale <br />be sent to Trustor's address which is the Property Address. Trustor further requests that copies of the <br />notices of default and sale be sent to each person who is a party hereto at the address of such person set <br />forth herein. <br />19. NOTICES. Any notice to Trustor provided for in this Security Instrument shall be given by <br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. The <br />notice shall be directed to the Property Address or any other address Trustor designates by notice to <br />Beneficiary. Any notice to Beneficiary shall be given by first class mail Jo Beneficiary's address stated <br />herein or any -other ad' reSs-Beil?•fiebi y .� esiignates by - notice sC? . Trt:stor - .,ounce "provided f in-this <br />Security Instrument shall be deemed to have been given to Trustor or Beneficiary when given as provided <br />in this paragraph. <br />Nr• n r TRUSTEE_ .- �.. �. - i � - ��+..: [ 'e i � �,� t iL, i.13sicC Diu. i..s', when this Deed of Trust, dui) <br />executed and acknowledged, is made a public record as provided by law. ;. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first <br />above written. <br />3 <br />
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