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202110610
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12/15/2021 4:27:22 PM
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12/15/2021 4:27:22 PM
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DEEDS
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202110610
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2021i0610 <br />of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all reasonable costs and expenses of the sale, including but not limited to, <br />Trustee's fees of not more than two percent (2%) of the gross sale price, reasonable attorney fees <br />and costs of title 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, may <br />purchase said property at said sale. <br />The person conducting the sale may, for any cause he or she deems expedient, postpone <br />the sale from time to time until it shall be completed and, in every such case, notice of <br />postponement shall be given by public declaration thereof by such person at the time and place <br />last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond <br />the date designated in the notice of sale, notice thereof shall be given in the same manner as the <br />original notice of sale. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligation secured hereby and <br />to exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br />agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtedness <br />and obligations secured hereby which may now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of 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 Beneficiary's <br />right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, <br />it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such <br />order and manner as they, or either of them, may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall <br />be in addition to every other remedy given hereunder or now or hereafter existing at law or in <br />equity or by 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, concurrently <br />or independently, from time to time, and as often as may be deemed expedient by Trustee or <br />Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br />14. Request for Notice. Trustor hereby request a copy of any notice of default and that <br />any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of <br />this Deed of Trust. <br />15. Appointment of Successor Trustee. Beneficiary may, from time to time, by written <br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the <br />County in which the property is located and by otherwise complying with the provisions of the <br />applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br />16. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of <br />and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and <br />assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not <br />named as Beneficiary herein. <br />17. Beneficiary's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />Deed of Trust upon any portion of the property not then or theretofore released as security for the <br />full payment of all unpaid obligations, Beneficiary may, from time to time and without notice. <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms of any such obligation. <br />(c) grant other indulgences; <br />4 <br />
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