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202010207
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Last modified
12/29/2020 4:22:08 PM
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12/29/2020 4:22:08 PM
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DEEDS
Inst Number
202010207
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202010207 <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including <br />without limitation, 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 court house in the county <br />in which the Property to be sold, or some part thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the <br />sale to payment of the costs and expenses of exercising the power of sale and of the sale, <br />including, without 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 Dollars ($500.00) <br />plus 1/2 of 1% of the amount secured hereby and remaining unpaid and then to the items set <br />forth in subparagraph (c) of this paragraph FIFTH in the order therein stated. <br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is <br />by Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to <br />judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the <br />payment: <br />(1) Cost of any evidence of title procured in connection with such sale and of any <br />revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a <br />copy of any Notice of Sale provided for hereinabove be mailed to each such party at the party's post <br />office address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of <br />mortgages on real property. <br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver <br />to Beneficiary, promptly upon request, such security instruments as may be required by Beneficiary, <br />in a form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust which security instruments shall be additional security for Trustor's faithful <br />performance of all of the terms, covenants and conditions of this Deed of Trust, the Note and <br />indebtedness secured hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at <br />Trustor's expense; (b) Beneficiary may, from time to time, by written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions of the applicable laws of the <br />State of Nebraska, substitute a successor or successors to the Trustee named herein or acting <br />hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent of, or <br />attorney for, or otherwise 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 Trustee or Beneficiary from <br />bidding at a sale and buying any part or all of the Property at any sale hereunder; (d) that if it should <br />be necessary or appropriate for the protection of the security hereby conveyed or enforcement of the <br />debt hereby secured, for the Trustee or the Beneficiary to institute or become a party to any <br />proceeding or suit in a court of bankruptcy or probate or other court of general or limited <br />jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including <br />reasonable attorneys' fees) paid or incurred by such Trustee or Beneficiary in maintaining, <br />prosecuting or defending such proceeding or protecting their respective rights hereunder shall be an <br />
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