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• <br />• <br />1 <br />89--- 100888 <br />bidder for cash and shall deliver to such purchaser a deed to the property sold, <br />consistent with the law in affect at the time. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, <br />Trustee's deed conveying the property sold. Recitals in the Trustee's deed shall <br />be prima facia 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 reasonable costs <br />and expenses of the sale, including but not limited to, Trustee's fees of not more <br />than 5 % of the sale price, reasonable attorney fees and costs of title <br />_gross <br />evidence; b) to all sums secured by this Deed of Trust; and (c) the excess, if ar•fl. <br />to the person or persons legally entitled thereto. Any person, including Beneficiary,. <br />may purchase said property at said sale. <br />The person conducting the sale may, for any cause he or she deems expedient, <br />postpone the sale from time to time until :it. sell be completed and, in every such <br />case, notice of postponement shall be given. �.1 public declaration thereof by such <br />person at the time and place last appointed .f- fie sale; provided, if the sale is <br />postponed for longer than one (1) day bnYo-d ._i_: Fate designated in the notice of <br />sale, notice thereof shall be given in the same manner as the original notice of <br />sale.... <br />e. -eyes iVot exclusive. Trustee and 8enefi:.iary. and each of <br />be er.Jt16d t:*a,, enforce payment and performance of any indebtedness or o62Lna?'i r. <br />a:•.." : . <br />secured . here • : and to exercise all rights and powers under this Dee d .ot r� -, <br />laws hereaftew..f� <br />under at3y Span instrument or other agreement or any now or <br />notwithstandihd some or all of the indebtedness and obligations secured ttwr� <br />may nzw or hereafter be otherwise secured, whether by mortgage, deed: of tnil4a!' tls <br />lien, assignment or otherwise. Neither the acceptance of this • Dep� : • � "_` .Tz;t acr <br />'Via. <br />its enforcement, whether by court action or pursuant to the pows r• Gr !- ather <br />powers herein contained, shall prejudice or in any manner affect Tr_,st.=e s or here- <br />after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, <br />and each of them, shall be entitled to enforce this Deed of Trust and any other secur- <br />ity now or hereafter held by the Beneficiary or Trustee in such order and manner <br />." <br />as they, or either of them, may in their absolute discretion determine. No remedy <br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclu- <br />sive of any other remedy herein or by law provided or permitted, but each shall be <br />o, <br />cumulative and shall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute. Every power or remedy given <br />by any of the loan instruments to Trustee or Beneficiary or to which either of them <br />may be otherwise entitled may be exercised, concurrently or independently, from time <br />` <br />to time and as often as may be deerned expedient by Trustee or Beneficiary, and either <br />of them may pwrsue inconsistent remedies. Nothing herein shall be construed as prohi- <br />biting Beneficia.y from seeking a deficienty jadgment against 7rustor to the extent <br />1. <br />such action is permitted by law. <br />14. Request �'cr Uotice. Trustor hereby requests a copy of any notice of default <br />;4' <br />and that any rctice of sale hereunder be mailed to Trustor at the address set forth <br />°. <br />in the first paragraph of this Deed of Trust. <br />A, Appointment of Successor Trustee. Beneficiary may, from to time, <br />by written instrument executed and acknauledged by Beneficiary, mailed to Trustor <br />and recorded In the County in which the property is located and by otherwise complying <br />with the provisions of the applicable law of the State of Netraska, substitute a <br />successor or successors to the Trustee named herein or acting hereunder. <br />16. Successors and Assigns. This Deed of Trust applies to and inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal <br />representatives, successors and assigns. The term "Beneficiary" shall mean the owner <br />E <br />and holder of the not,-, whether or not named as Beneficiary herein. <br />17. Beneficiary's Powers,; ldith*ut. affecting the liability of any +aa:iler person <br />liable. f+ir.' the payment of any 66 Lclal; ion heruin mentioned, , and xaifilnui., affecting <br />the it ±:n' ,�r +=r�arge of this Dyed of Tru!--t urcr. , r/ portiUn o` 'tliis'' sr>»s�ar9iy not then <br />Payment released•,. as security faj' :he fu' l' �rpajd; obligations, <br />4inrrr- tfIcj, a•ry.m ?;r. from :Lifine to time and W! thout nok,%cet <br />(a) release any persons so liable; <br />(b) extend the maturiiy or rsl.tE_r any of thf= t(­rm; :11• any <br />h nblig3"`inn; <br />r` <br />J <br />r/ <br />1. <br />- A A <br />