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89100133
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89100133
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Last modified
10/19/2011 3:43:39 PM
Creation date
10/20/2005 9:10:46 PM
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DEEDS
Inst Number
89100133
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1 <br />� 89-' 100183 <br />O <br />as a whole, or in separate lots or parcels or items as Trustee <br />shall deem expedient, and in such order as it may determine, at <br />public auction to the highest bidder for cash in lawful money of <br />the United States payable at the time of sale. Trustee shall <br />deliver to such purchaser or purchasers thereof its good and <br />sufficient deed conveying the property so sold, but without any <br />covenant or warranty, express or implied. The recitals in such <br />deed of any matters or factg.sball be prima facie proof of the <br />truthfulness thereof to the - .extent provided by Nebraska law. Any <br />person, including, without llmi- ation, Trustor, Trustee or <br />Beneficiary, may purchase at such sale and Trustor hereby <br />covenants to warrant and defend the record title of such purchaser <br />or purchasers exclusive of any acts or omissions of Trustee. <br />As may be permitted by law, after deducting all costs, fees <br />and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the <br />terms hereof, not then repaid, with accrued interest at the rate <br />equal to two basis points above Norwest Bank Des Moines, N.A.'s <br />base interest rate, (ii) all other sums then secured hereby, and <br />(iii.) the remainder, if any, to the person or persons legally <br />- entitled thereto. <br />Trustee may in the manner provided by law, postpone sale of <br />all or any portion of the Trust Estate. <br />13. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and <br />each of them, shall e en i le to enforce payment and performance <br />of any indebtedness or obligations secured hereby and to exercise <br />all rights and powers under this Deed of Trust or under any Loan <br />Instrument or other agreement or any laws now or hereafter in <br />force, notwithstanding that some or all of the such indebtedness <br />and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of <br />Trust nor its enforcement whether by court action or pursuant to <br />the :Power of Sale or other powers herein contained, shall <br />prejudice or in any manner affect Trustee's or Beneficiary's right <br />to realize upon or enforce any other security now or hereafter <br />held by Trustee or Beneficiary, it being agreed Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter Yield by <br />Beneficiary or Trustee in such order and manner as they or either <br />of them may.-in their absolute discretion determine. No remedy <br />herein conferred upon or reserved to Trustee or Beneficiary is <br />intended to be exclusive of any.other remedy herein or by law <br />provided or permitted, but each shall be cumulative and shall be <br />in addition to every other remedy given hereunder or.now or <br />hereafter existing.at law or in equity or by statute. Every power <br />or remedy given by.any of the Loan Instruments to Trustee or <br />Bensficiary'.or to which either of them may be otherwise entitled, <br />may be exercised, concurrently or independently, from,time to time <br />-7- <br />J <br />'t <br />t . <br />I <br />
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