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200400151
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Last modified
10/16/2011 11:05:09 AM
Creation date
10/20/2005 10:54:09 PM
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DEEDS
Inst Number
200400151
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200400151 <br />b. As may be permitted by law, Trustee shall apply the proceeds of sale in the <br />following order: (1) to all reasonable costs and expenses of the sale, including but <br />not limited to, Trustee's fees of not more than five percent (5 %) of the gross sale <br />price, reasonable attorney's fees and costs of title evidence; (2) to all sums secured <br />by this Deed of Trust; (3) to the payment of junior lienholders; and (4) the excess, <br />if any, to the person or persons legally entitled thereto. <br />Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br />13. Transfer of the Propert y. The integrity and responsibility of the Trustor constitutes a <br />part of the consideration for the note secured hereby, and therefore, in the event the Trustor shall <br />sell, transfer, encumber or convey the property described herein, excluding (a) the creation of a <br />lien or encumbrance subordinate to this Deed of Trust without the written consent of the <br />Beneficiary, which consent may be withheld for any reason, (b) the creation of a purchase money <br />security interest for household appliances, (c) the transfer by devise, descent or by operation of <br />law upon the death of a joint tenant, or (d) the grant of any leasehold interest of three years or <br />less not containing an option to purchase, the Beneficiary may, at its option, declare the entire <br />indebtedness immediately due and payable and may proceed in the enforcement of its rights as on <br />any other default herein. <br />14. Remedies Not Exclusive. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein or by law provided or <br />permitted, but each shall be cumulative and shall be in addition to every other remedy given <br />hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy <br />given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as <br />often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking <br />a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and any <br />notice of sale hereunder be mailed to it in the manner provided for notices herein. <br />16. Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which <br />can be given effect without the conflicting provision, and to this end the provisions of the Loan <br />Instruments are declared to be severable. This instrument cannot be waived, changed, discharged <br />or terminated orally, but only by an instrument in writing signed by the party against whom <br />enforcement of any waiver, change, discharge or termination is sought. <br />Page 5 <br />
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