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202109902 <br />prescribed by applicable law to Trustor and to other persons prescribed by applicable law. <br />Trustee may sell the Property subject to this Deed of Trust as a group or individually, at <br />the Beneficiary's sole discretion. After the time required by applicable law, Trustee shall <br />give public notice of the sale to the persons and in the manner prescribed by applicable <br />law. Trustee, without demand on Trustor, shall sell such Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property in accordance with the provisions of applicable law. <br />Trustee, Beneficiary, or their designee, may purchase at any such sale. Upon receipt of <br />the price bid, Trustee shall deliver to the purchaser a Trustee's deed conveying all of <br />Trustor's rights in the Property that is sold. The recitals in the deed of any matter of fact <br />shall be conclusive proof of the truthfulness thereof. <br />(b) Should Beneficiary elect to cause the disposal of any of the Property subject to <br />the Security Agreement in Section 1.06, it may dispose of any part thereof in any manner <br />now or hereafter permitted by the Uniform Commercial Code of the Governing <br />Jurisdiction or in accordance with any other remedy provided by law. Any such <br />disposition may be conducted by an employee or agent of Beneficiary or Trustee. Both <br />Trustee and Beneficiary shall be eligible to purchase any part or all of such Property at <br />any such disposition. Any such disposition may be either public or private as Beneficiary <br />may elect, subject to the provisions of the Uniform Commercial Code of the Governing <br />Jurisdiction. Beneficiary shall have all of the rights and remedies of a secured party under <br />the Uniform Commercial Code of the Governing Jurisdiction. Expenses of retaking, <br />holding, preparing for sale, selling or the like shall include Beneficiary's reasonable <br />attorneys' fees and legal expenses, and upon such default, Trustor, upon demand of <br />Beneficiary, shall assemble such Property and make it available to Beneficiary at the <br />Property, a place which is hereby deemed reasonably convenient to Beneficiary and <br />Trustor. Beneficiary shall give Trustor at least ten (10) days' prior written notice of the <br />time and place of any public sale or other disposition of such Property or of the time at or <br />after which any private sale or any other intended disposition is to be made, and if such <br />notice is sent to Trustor, in the manner provided for the mailing of notices herein, it shall <br />constitute reasonable notice to Trustor. <br />(c) Trustee is hereby irrevocably appointed the true and lawful attorney-in-fact of <br />Trustor in its name and stead to make all necessary conveyances, assignments, transfers <br />and deliveries of the Property, or any part thereof, and the rights so sold and for that <br />purpose Trustee may execute all necessary instruments of conveyance, assignment and <br />transfer, and may substitute one or more persons with like power, Trustor hereby <br />ratifying and confirming all that its said attorney or any substitute or substitutes shall <br />lawfully do by virtue hereof. Nevertheless, Trustor, if so requested by Trustee or <br />Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to <br />Trustee or to such purchaser or purchasers all such instruments as may be advisable in <br />the judgment of Trustee or Beneficiary, for the purpose as may be designated in such <br />request. <br />(d) Trustor hereby expressly, waives any right which it may have to direct the order <br />in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. <br />3.05 Proceeds. Unless otherwise provided by law, the proceeds of any sale made, <br />and all sums recovered under this Article Ill, together with all other sums held by Trustee or <br />Beneficiary under this Deed of Trust, shall be applied in the following order: <br />(a) to the extent allowable under the laws of the Governing Jurisdiction, to all costs <br />and expenses incurred in connection with the sale or sales and any judicial proceedings, <br />including, but not limited to, all reasonable Trustee's and attorney's fees and expenses, <br />and the costs of any title evidence; <br />Borrower: Las Villas Transport LLC <br />Property Owner: Juan Diaz Valdez and Nancy Lizbeth Sanchez <br />Address: 1810 S Blaine, Grand Island, NE 68803 <br />Page 7 of 10 <br />