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201901347
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201901347
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Last modified
3/7/2019 4:12:56 PM
Creation date
3/7/2019 4:12:55 PM
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DEEDS
Inst Number
201901347
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201901347 <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and <br />Trustee shall thereafter cause Trustor's interest in the Property to be sold and the <br />proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds <br />Act; <br />(b) Exercise any and all rights provided for in any of the Security Documents <br />or by law upon occurrence of any Event of Default; and <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof. <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be <br />exclusive of any other remedy herein, in the Security Documents or by law provided or <br />permitted, but each shall be cumulative, shall be in addition to every other remedy given <br />hereunder, in the Security Documents or now or hereafter existing at law or in equity or by <br />statute, and may be exercised concurrently, independently or successively. <br />13. Trustee. The Trustee may resign at any time without cause, and Beneficiary <br />may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be <br />liable to any party, including without limitation to Beneficiary, Trustor, or any purchaser of the <br />Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be <br />required to take any action in connection with the enforcement of this Deed of Trust unless <br />indemnified, in writing, for all costs, compensation or expenses which may be associated <br />therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or <br />under the Power of Sale granted herein); postpone the sale of all or any portion of the Property, <br />as provided by law; or sell the property as a whole, or in separate parcels or lots at Trustee's <br />discretion. <br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of Power <br />of Sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and <br />expenses of exercising the Power of Sale, including all Trustee's fees, and Beneficiary's and <br />Trustee's attorney's fees, actually incurred to the extent permitted by applicable law. In the event <br />Trustor exercises any right provided by law to cure an Event of Default, Beneficiary shall be <br />entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br />default, including without limitation all of Trustee's fees and attorney's fees, to the extent <br />permitted by applicable law. <br />15. Future Advances. Upon request of Trustor, Beneficiary may, at Beneficiary's <br />option, make additional and future advances and readvances to Trustor. Such advances and <br />readvances, with interest thereon, shall be secured by this Deed of Trust. <br />16. Miscellaneous Provisions. <br />(a) Trustor Not Released. Extension of the time for payment or <br />modification of the sums secured by this Deed of Trust granted by Beneficiary to <br />any successor in interest of Trustor shall not operate to release, in any manner, the <br />Page 7 of 10 <br />
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