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201706387
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12/9/2019 6:11:19 PM
Creation date
9/20/2017 2:13:13 PM
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DEEDS
Inst Number
201706387
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(C) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust <br />Estate. <br />201706387 <br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to <br />such purchaser or purchasers thereof its good and sufficient deed conveying the property so sold, but without <br />any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee, and <br />Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such <br />purchaser or purchasers. <br />(B) As may be permitted by law, Trustee shall apply the proceeds of the sale in the following order: <br />(i) To all reasonable costs and expenses of the sale, reasonable attorneys' fees and costs <br />of title evidence; <br />(ii) To all sums secured by this Deed of Trust <br />(iii) To the payment of junior Trust Deeds, mortgages or other lien Lenders; and <br />(iv) The balance, if any, to the person or persons legally entitled thereto. <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights <br />and powers under this Deed of Trust or under any Loan Instrument or other agreement of an laws now or <br />hereafter in force, notwithstanding that some or all of the indebtedness and obligations secured hereby may now <br />or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, <br />it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or <br />either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary are intended to be exclusive of any other remedy herein or by law provided or permitted, <br />but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to <br />Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either <br />of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any <br />Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this Deed of Trust. <br />13. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the Sate of Nebraska. In <br />the event that any provision or clause of an of the Loan Instruments conflicts with applicable laws, such conflicts <br />shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting <br />provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument <br />cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the <br />party against whom enforcement of any waiver, change, discharge or termination is sought. <br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for <br />cancellation and retention and upon payment by Trustor of Trustee's fees, if any, Trustee shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then <br />held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the <br />
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