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200110903 <br />(f) Any such sale or sales shall operate to divest all of the estate, right, title, <br />interest, claim and demand whatsoever, whether at law or in equity, of Grantor in and to the <br />properties and rights so sold, and shall be a perpetual bar both at law and in equity against <br />Grantor and any and all persons claiming or who may claim the same, or any part thereof or any <br />interest therein, by, through or under Grantor to the fullest extent permitted by applicable law. <br />(g) Upon any such sale or sales, Beneficiary and/or Trustee may bid for and <br />acquire the Trust Property and, in lieu of paying cash therefor, may make settlement for the <br />purchase price by crediting against the Secured Obligations the amount of the bid made therefor, <br />after deducting therefrom the expenses of the sale, the cost of any enforcement proceeding <br />hereunder, and any other sums which Beneficiary or Trustee is authorized to deduct under the <br />terms hereof, to the extent necessary to satisfy such bid. <br />(h) In the event that Grantor, or any person claiming by, through or under <br />Grantor, shall transfer or refuse or fail to surrender possession of the Trust Property after any sale <br />thereof, then Grantor, or such person, shall be deemed a tenant at sufferance of the purchaser at <br />such sale, subject to eviction by means of forcible entry and unlawful detainer proceedings, or <br />subject to any other right or remedy available hereunder or under applicable law. <br />(i) Upon any such sale, it shall not be necessary for Beneficiary, Trustee or <br />any public officer acting under execution or order of court to have present or constructively in its <br />possession any of the Trust Property. <br />0) In the event a foreclosure hereunder shall be commenced by Trustee, <br />Trustee may at any time before the sale of the Trust Property abandon the sale, and may institute <br />suit for the collection of the Secured Obligations and for the foreclosure of this Deed of Trust, or <br />in the event that Beneficiary or Trustee should institute a suit for collection of the Secured <br />Obligations, and for the foreclosure of this Deed of Trust, Trustee may at any time before the <br />entry of final judgment in said suit dismiss the same and require Trustee to sell the Trust Property <br />in accordance with the provisions of this Deed of Trust. <br />SECTION 6.04. Expenses. In any proceeding, judicial or otherwise, to <br />foreclose this Deed of Trust or enforce any other remedy of Beneficiary and/or Trustee under the <br />Loan Documents, there shall be allowed and included as an addition to and a part of the Secured <br />Obligations in the decree for sale or other judgment or decree all expenditures and expenses <br />which may be paid or incurred in connection with the exercise by Beneficiary and/or Trustee of <br />any of its rights and remedies provided or referred to in Section 6.02, or any comparable <br />provision of any other Loan Document, together with interest thereon at the Default Rate, and the <br />same shall be part of the Secured Obligations and shall be secured by this Deed of Trust. <br />SECTION 6.05. Application of Proceeds. Subject to Neb. Rev. Stat §76- <br />1011, the purchase money, proceeds or avails of any sale referred to in Section 6.02, together <br />with any other sums which may be held by Beneficiary or Trustee hereunder, whether under the <br />provisions of this Article VI or otherwise, shall, except as herein expressly provided to the <br />contrary, be applied as follows: <br />NYDOCS03 /596673.1 22 HALL COUNTY, NEBRASKA <br />