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201905513
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Last modified
12/9/2019 6:27:54 PM
Creation date
9/9/2019 11:00:32 AM
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DEEDS
Inst Number
201905513
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201905513 <br />Property by public announcement at the time and place of any previously scheduled <br />sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of <br />payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence <br />of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to all expenses of the sale, including, but not limited to, <br />Trustee's fees as permitted by applicable law and reasonable attomey's fees; (b) to all <br />sums secured by this Security Instrument; and (c) any excess to the person or persons <br />legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or <br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and manage the Property <br />and to collect the rents of the Property including those past due. Any rents collected by <br />Beneficiary or the receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rents, including, but not limited to, receivers fees, <br />premiums on receivers bonds and reasonable attorneys fees, and then to the sums <br />secured by this Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or <br />obligations secured hereby and to exercise all rights and powers under this Deed of <br />Trust or under any Loan Instrument or other agreement or any laws now or hereafter in <br />force, notwithstanding some or all of the such indebtedness and obligations secured <br />hereby may now or hereafter be otherwise secured, whether by mortgage, deed of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of <br />Trust nor its enforcement whether by court action or pursuant to the power of sale or <br />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 <br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter <br />held by Beneficiary or Trustee in such order and manner as they or either of them may <br />in their absolute discretion determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided or permitted, but each shall be cumulative and shall be in addition to every <br />other remedy given hereunder or now or hereafter existing at law or in equity or by <br />statute. Every power or remedy given by any of the Loan Instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often as may be deemed expe- <br />dient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency <br />judgment against the Trustor to the extent such action is permitted by law. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. In the event that any provision or clause of any of the Loan <br />Instruments conflicts with applicable laws, such conflicts shall not affect other provisions <br />of such Loan Instruments which can be given effect without the conflicting provision, <br />and to this end the provisions of the Loan Instruments are declared to be severable. <br />This instrument cannot be waived, changed, discharged or terminated orally, but only <br />by an instrument in writing signed by the party against whom enforcement of any <br />waiver, change, discharge or termination is sought. <br />17. RECONVEYANCE. Upon payment of all sums secured by this Security <br />Instrument, Beneficiary shall request Trustee to reconvey the Property and shall <br />surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty <br />and without charge to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. <br />18. REQUEST FOR NOTICES. Trustor requests that copies of the notices of <br />default and sale be sent to Trustor's address which is the Property Address. Trustor further <br />requests that copies of the notices of default and sale be sent to each person who is a <br />party hereto at the address of such person set forth herein. <br />
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