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201703416
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Last modified
7/3/2017 5:40:33 PM
Creation date
5/23/2017 4:29:10 PM
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DEEDS
Inst Number
201703416
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201703416 <br />of such rents, issues and profits and the application thereof shall not cure or waive <br />any default or notice of default hereunder, or invalidate any act done in response <br />to such default or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application <br />of rents, issues or profits, Trustee or Lender shall be entitled to exercise every <br />right provided for in the DOT or Note, or by law on occurrence of any event of <br />default, including the right to exercise the Power of Sale; <br />(b) Commence an action to foreclose this DOT as a mortgage, to seek deficiency on <br />the indebtedness after foreclosure, to appoint a receiver, and to otherwise <br />specifically enforce any of the covenants or provisions hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a <br />written notice of default and election to cause Borrower's interest in the Property <br />to be sold under the Power of Sale contained herein, which notice to Trustee shall <br />cause to be duly filed for record in the appropriate official records of the county <br />where the trust property is located, all to the extent required by applicable law. <br />Neither the Lender nor Trustee is obliged to give the Borrower any written notice, <br />upon the election of the Power of Sale, except the statutory "Notice of Default" <br />required by Neb. Rev. Stat. 76 -1006; and, no language in this DOT shall be <br />interpreted to the contrary. <br />(d) Expend such sums as Lender deems necessary to protect the Property and cure <br />any default of the Borrower; <br />(e) Exercise all rights and remedies available to Lender under the Nebraska Trust <br />Deeds Act. <br />19. Foreclosure Using Power of Sale: Should Lender elect to foreclose by exercise of the <br />Power of Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee this <br />DOT and the Note and such receipts and evidence of expenditures made and secured hereby as <br />Trustee may require. <br />(a) On receipt of such notice from Lender, Trustee shall cause to be recorded, <br />published and delivered to Borrower such notice of default as then required by <br />law and by this DOT. Trustee shall, without demand on Borrower, after such time <br />as may then be required by law and after recording of such notice of default and <br />publishing notice of sale, all as required by law, sell the Property at the time and <br />place of sale fixed by Trustee in such notice of sale, either as a whole or in <br />separate lots, parcels or items as Trustee shall deem expedient, and in such order <br />as Trustee may determine, at public auction to the highest bidder for cash or in <br />lawful money of the United States, or certified or cashier's check, payable at the <br />time of sale; or as otherwise may be provided in the published notice of sale. <br />Trustee shall deliver to such purchaser, or purchasers thereof, Trustee's good and <br />sufficient deed conveying the Property so sold, but without any covenant or <br />warranty, express or implied. The recitals in such deed of any matters or facts <br />6 <br />
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