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200110903
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Last modified
10/14/2011 11:36:56 AM
Creation date
10/20/2005 10:49:56 PM
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DEEDS
Inst Number
200110903
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200110903 <br />for the services of Beneficiary and Trustee and their respective attorneys, agents and employees, <br />to apply the remainder as provided in Section 6.05; or <br />(g) release any portion of the Trust Property for such consideration as <br />Beneficiary may require without, as to the remainder of the Trust Property, in any way impairing <br />or affecting the lien or priority of this Deed of Trust, or improving the position of any <br />subordinate lienholder with respect thereto, except to the extent that the Secured Obligations <br />shall have been reduced by the actual monetary consideration, if any, received by Beneficiary for <br />such release and applied to the Secured Obligations, and may accept by assignment, pledge or <br />otherwise any other property in place thereof as Beneficiary may require without being <br />accountable for so doing to any other lienholder; or <br />(h) take all actions permitted under the Uniform Commercial Code in effect in <br />the jurisdiction in which the Trust Property is located; or <br />(i) take any other action, or pursue any other right or remedy, as Beneficiary <br />and/or Trustee may have under applicable law, and Grantor does hereby grant the same to <br />Beneficiary and Trustee. <br />In the event that Beneficiary and/or Trustee shall exercise any of the rights or <br />remedies set forth in subsections (e) and (f) of this Section, neither Trustee nor Beneficiary shall <br />be deemed to have entered upon or taken possession of the Trust Property except upon the <br />exercise of its option to do so, evidenced by its demand and overt act for such purpose, nor shall <br />it be deemed a beneficiary or mortgagee in possession by reason of such entry or taking <br />possession. Neither Beneficiary nor Trustee shall be liable to account for any action taken <br />pursuant to any such exercise other than for Rents actually received by Beneficiary and/or <br />Trustee, nor liable for any loss sustained by Grantor resulting from any failure to let the <br />Premises, or from any other act or omission of Beneficiary except to the extent such loss is <br />caused by the willful misconduct or bad faith of such party. <br />SECTION 6.03. Rights Pertaining to Sales. Subject to the provisions or <br />other requirements of law (including Nebraska Trust Deeds Act (Neb. Rev. Stat §76 -1001 <br />et.seq.)) and except as otherwise provided herein, the following provisions shall apply to any sale <br />or sales of all or any portion of the Trust Property under or by virtue of this Article VI, whether <br />made under the power of sale herein granted or by virtue of judicial proceedings or of a judgment <br />or decree of foreclosure and sale: <br />(a) Beneficiary and/or Trustee may conduct any number of sales from time to <br />time. The power of sale set forth in Section 6.02 hereof shall not be exhausted by any one or <br />more such sales as to any part of the Trust Property which shall not have been sold, nor by any <br />sale which is not completed or is defective in Beneficiary's or Trustee's opinion, until the Secured <br />Obligations shall have been paid in full. <br />(b) Any sale may be postponed or adjourned by public announcement at the <br />time and place appointed for such sale or for such postponed or adjourned sale without further <br />NYDOCS03 /596673.1 20 HALL COUNTY, NEBRASKA <br />
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