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000007859 <br />sale may, for any cause he or she deems expedient, postpone the sale <br />from time to time until it shall be completed and, in every such case, <br />notice of postponement shall be given by public declaration thereof by <br />such person at the time and place last appointed for the sale; provided, <br />if the sale is postponed for longer than one (1) day beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the <br />same manner as the original Notice of sale. Trustee shall execute and <br />deliver to the purchaser its Deed conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in <br />the Deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including without limitation, <br />Beneficiary or Trustee may purchase at the sale. Said sale shall be <br />conducted at the real estate forming a part of the Property or at the <br />court house in the county in which the Property to be sold, or some part <br />thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's fees <br />shall not in the aggregate exceed the sum of Five Hundred and no /100th <br />Dollars ($500.00) plus 1/2 of to of the amount secured hereby and <br />remaining unpaid and then to the items set forth in subparagraph (c) of <br />this paragraph FIFTH in the order therein stated. <br />(c) After paying the items specified in subparagraph (b) of this <br />paragraph FIFTH, if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if sale is pursuant to judicial <br />foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment: <br />(1) Cost of any evidence of title procured in connection with such <br />sale and of any revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally <br />entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a copy of any <br />Notice of Default and a copy of any Notice of Sale provided for hereinabove <br />be mailed to each such party at the party's post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall have <br />the option to foreclose this Deed of Trust in the manner provided by law for <br />the foreclosure of mortgages on real property. <br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, <br />will execute and deliver to Beneficiary, promptly upon request, such security <br />instruments as may be required by Beneficiary, in a form and substance <br />satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust which security instruments shall be additional security for <br />Trustor's faithful performance of all of the terms, covenants and conditions <br />of this Deed of Trust, the Note and indebtedness secured hereby, and any <br />other security instruments executed in connection with the indebtedness <br />secured by this Deed of Trust; and all such instruments shall be filed and <br />recorded at Trustor's expense; (b) Beneficiary may, from time to time, by <br />written instrument executed and acknowledged by Beneficiary, mailed to <br />Trustor and recorded in the county or counties in which the Property is <br />located and by otherwise complying with the provisions of the applicable laws <br />of the State of Nebraska, substitute a successor or successors to the Trustee <br />named herein or acting hereunder; (c) although the Trustee, or Trustee's <br />successor or successors, may be an agent of, or attorney for, or otherwise <br />connected with the Beneficiary, such fact shall not be construed to <br />disqualify Trustee to act as such Trustee, nor shall such fact prevent the <br />Trustee or Beneficiary from bidding at a sale and buying any part or all of <br />the Property at any sale hereunder; (d) that if it should be necessary or <br />appropriate for the protection of the security hereby conveyed or enforcement <br />of the debt hereby secured, for the Trustee or the Beneficiary to institute <br />or become a party to any proceeding or suit in a court of bankruptcy or <br />probate or other court of general or limited jurisdiction, all expenses and <br />costs properly incurred by said Trustee or said Beneficiary (including <br />reasonable attorneys' fees) paid or incurred by such Trustee or Beneficiary <br />