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99106857
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Last modified
3/13/2012 6:26:37 PM
Creation date
10/20/2005 11:57:25 PM
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DEEDS
Inst Number
99106857
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� � 99 �06 �5� <br /> (c) Deliver to Trustee a written declaration of default <br /> and demand for sale, and a written notice of default and <br /> election to cause Trustor' s interest in the Trust Estate to be <br /> sold, which notice Trustee shall cause to be duly filed for <br /> record in the appropriate offices of the County in which the <br /> Trust Estate is located; or <br /> (d) Exercise any and all remedies permitted by the <br /> Nebraska Uniform Commercial Code. <br /> 13 . FORECLOSURE BY POWER OF SALE. If Beneficiary elects to <br /> foreclose by exercise of the Power of Sale herein contained, <br /> Beneficiary shall notify Trustee and shall deposit with Trustee <br /> this Deed of Trust and the Loan Agreement and such receipts and <br /> evidence of expenditures made and secured hereby as Trustee may <br /> require . <br /> (a) Upon receipt of such notice from Beneficiary, <br /> Trustee shall cause to be recorded, published and delivered to <br /> Trustor such Notice of Default and Notice of Sale as then <br /> required by law and by this Deed of Trust . Trustee shall, <br /> without demand on Trustor, after such time as may then be <br /> required by law and after recordation of such Notice of <br /> Default and after Notice of Sale having been given as required <br /> by law, sell the Trust Estate at the time and place of sale <br /> fixed by it in such Notice of Sale, either as a whole, or in <br /> separate lots or parcels or items as Trustee shall deem <br /> expedient, and in such order as it may determine, at public <br /> auction to the highest bidder for cash in lawful money of the <br /> United States payable at the time of sale. Trustee shall <br /> deliver to such purchaser or purchasers thereof its good and <br /> sufficient deed or deeds conveying the property so sold, but <br /> without any covenant or warranty, express or implied. The <br /> recitals in such deed of any matters or facts shall be <br /> conclusive proof of the truthfulness thereof . Any person, <br /> including, without limitation, Trustor, Trustee or <br /> Beneficiary, may purchase at such sale . <br /> (b) As may be permitted by law, after deducting all <br /> costs, fees and expenses of Trustee and of this Trust, <br /> including costs of evidence of title in connection with sale, <br /> Trustee shall apply the proceeds of sale to payment of (i) all <br /> sums expended under the terms hereof or under the terms of the <br /> Loan Agreement, not then repaid, including, but not limited to <br /> accrued interest and late charges, (ii) all other sums then <br /> secured hereby, and (iii) the remainder, if any, to the person <br /> or gersons legally entitled thereto. <br /> (c) Trustee may, in the manner provided by law, postpone <br /> sale of all or any portion of the Trust Estate. <br /> 11 <br />
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