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- L-01165 <br />-- : . <br />bidder for cash and shall deliver to such purchaser a- deems to tna` ��L!�t�ezL�i sold, <br />consistent with the:;law in effect at the time. <br />Upon receipt of payment of the price bid, 1.jijap =e shall deliver :: -to the purchaser, <br />Trustee's deed conveying the property sold. in the Tru;iteers dead shall <br />be prima facia evidence of the truth of the statements made thereit Trustee shall <br />apply the proceeds of the sale in the follo:jing order: (a) to all`-reasonable costs' <br />'! Teas of not more <br />and expenses of thei sale, including but not limited to, €rustoo s <br />than 5 % of the gross sale price, reasonable attorney fees and costs of title <br />evidence; b) to all sums secured by this Deed of Trust; and (c) ilia excess, if any, <br />to the person or per -sons legally entitled thereto. Any person, inc.1Iuding Beneficiary, <br />may purchase said property at said sale. <br />The person con6icting the sale may, for any causiv he, or Mle deems expedient, <br />postpone the sale from time to time until it shall be ctimpletud.'and, in every such <br />case, notice of postponement shall be given by pac:lic- derl.arati.()n thereof by such <br />person at the time and plane last appointed for the _:alt:; pravided, if the sale. is <br />postponed for longer than one (1) day beyonJ the date designated in the notice of <br />sale, notice thereof' shall be given in the same manner as the •oxiginal notice of <br />sale. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and :each of them, shall <br />be entitled to enforce payment and performance of any indebtedness or obligation <br />secured .-rereby and to exercise all rights and pauars under this Deem of Trust or <br />under any loan instrument or other agreement or any laws noix or hereafter enforced, <br />notwithsta-c`;ng sorsa: or all of the indebtedness and obligations secured hereby which <br />may now .,cr narcafter be cti- erwise secured, uhether by mortgage, deed of trust, pledge, <br />lyen, ass ;n -,_ ^t car otherwise. Neither the acceptance of this Deed of toast nor <br />i ; enf-:: ca:�ent., whether by court action or pursuant to the paver of sa a or other <br />dowers `�ra`n.contaited, shall prejudice or in any manner affect Trustee's cr here - <br />:.after ' ~mod cl' Trustee or Beneficiary; it being agreed that trustee and 8enefciary, <br />and each ;;f Wne.n shall be entitled'to enfo ;ca this fled of Trust and any other manner <br />ity nbw or heraafter held by the Beneficiary or Trustee i:n such order and manner <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 a` any other remedy herein or by la:il provided or periri.tted, but each stall be <br />cumulative and shall be in addition to every other remedy ,given hereunder or now <br />hereafter existing at law or in : ,sit,, or by statute. Every pc� ^, cr remedy given <br />any . f the loan instruments to Tru :Btlaa or Beneficiary or to white �y�, • r of them <br />-,3y ce otherwise entitled may be exercisedv concurre7tly or indepero_�c�y�,.T -om time <br />to ti'= and as often as may be deemed expedient by Trustee or Beneficiary, --rd,.either <br />of then may purse inconsistent remedies. Nothing herein shall be construe.: as prohi- <br />biting Beneficiary from seeking a deficienty judgment against Trustor to the extent <br />such action is permitted by law. <br />ia. Request for Notice. Trustor 1 ^, reby requests a copy of any rs ,; :a sf default <br />L-d t ~at any notice of sa1Q hereurrr_e:1 be mailed to Trustor at the 3daress set forth <br />i-, t. -a first paragraph: of this Der <br />c` Trust. <br />Successor ,= Beneficiary may, from tip r- to time, <br />S <br />15. Appointment of uccessor Trust _re. <br />by written instrument executed and acknowledged iay Beneficiary, mailed ,• 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 Nebraska, Cua'-titute a <br />successor or successors tc the Trustee named herein or acting hereunder. , <br />16. Successors and Assigns. This Decd 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. team 11B.Trieficiary" shall mean the owner <br />and holder of the note, tLihether or not named a---- Beneficiary herein. <br />17. Beneficiary's Powers. Without affecting the liability of any other person <br />liable for the payment, of any obligation herein mentioned, and without affecting <br />the lien or charge of his Deed of Trust upon ar►y portion of the property not then <br />or theretofore release'J"as security for the full payment of. all unpaid cbligations, <br />Beneficiary may, from tirp to time and wlithouc rlr,ticc�: <br />: (a) reicase any l.re;laui'1_ �I, .1 tab e; <br />(b) extL'rrrj thL' matU: ity O: clltc'r J11y Of` * Pica terns of 711Ty <br />cl_r -h nt,I igat;.t,r1i <br />((':) nu r.+- rwi ?l inr� It �r tr :E a; <br />t <br />I <br />i <br />