|
89- 103304
<br />bidder for cash and shall deliver to such purchaser a deed to the property sold,
<br />consistent with the law in effect 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 % 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) the excess, if any,
<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 shall be completted and, in every such
<br />case, notice of postponement shall be given by public declaration thereof by such
<br />person at the time and place last appointed for the sale; provided, if the sale is
<br />postponed for. longer than one (1) day beyond the date designated in the notice of
<br />sale, notice thereof shall be given in the same manner as6e original notice of
<br />sale.
<br />1 13. Remedies Not Exclusive.- Trustee and Beneficiary,, an¢ each. -of tiherr <, shall
<br />be entitled to enforce payment and performance of any indebtedness;. or obligation
<br />secured hereby and tct exercise all rights and powers under, this Dees? of Trust or
<br />under any loan instrument or other agreement or any lags now or hereafter ,enforced,
<br />notwithstanding some or all of the indebtedness and obligations secured hereby which
<br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br />lien, assignnent or otherwise. Neither the acceptance of this Deed,. of Trust nor
<br />its enforcement, whether by court action or pursuant to the power of ,sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or here-
<br />after held by Trustee or Beneficiary._ it being agreed. that Trustee and Hpnefir_.iary:, .-
<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 />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 />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 />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 prohi-
<br />biting Beneficiary from seeking a deficienty judgment against Trustoi-to the extent
<br />such action is permitted by law.
<br />14. Request for Notice. Trustor hereby requests a ropy dt= any notice of default
<br />and that any notice of sale hereunder be mailed to Trustor a ,the address set forth
<br />in the first paragraph of this Deed of Trust.
<br />15. Appointment of Successor Trustee. Beneficiary magic; from time to: time,
<br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor
<br />and •reeorded 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, substitute a
<br />successor or successors to: the Trustee named herein or acting hereunder.
<br />16." Successors, and 'Assigns. This Deed of Trust appliei °'to and inures to the
<br />benefit of and binds all parties hereto, their heirs, 1ega4'ees, devisees, personal
<br />r4�resentatives, successors and assigns. The term "Beneficiary"'shall mean the owner
<br />and holder of the note, whether or not named as Beneficiary herein.
<br />17.' Beneficiary's Powers. Without affecting the liability of any other person
<br />liable ..far. the pa;4ment of any obligation herein mentioned, and without affecting
<br />the lien 'br char ci"of this Deed of Trust upon any portion of the property not then
<br />or the 4.fd0are released as security for the full payment of all unpaid obligations,
<br />Beneficiary may, from time to time and without notice: r
<br />(a) release any persons so liable;
<br />(b) ,ixtend the maturity or alter any of tt,e terms of any
<br />such obligation;
<br />(C) grant other 1nL'�1)Cp'f�LFr',;
<br />-1, -
<br />W,
<br />'ate
<br />•h
<br />
|