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99110655
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99110655
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Last modified
3/13/2012 7:57:15 PM
Creation date
10/21/2005 1:17:05 AM
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DEEDS
Inst Number
99110655
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99 110655 <br /> shall not in the aggregate exceed the sum of Five Hundred and no/100th <br /> Dollars ($500 . 00) plus 1/2 of lo of the amount secured hereby and <br /> remaining unpaid and then to the items set forth in subparagraph (c) of <br /> this paragraph FIFTH in the order therein stated. <br /> (c) After paying the items specified in subparagraph (b) of this <br /> paragraph FIFTH, if the sale is by Trustee, or the proper court and <br /> other costs of foreclosure and sale if sale is pursuant to judicial <br /> foreclosure, the proceeds of sale shall be applied in the order stated <br /> below to the payment : <br /> (1) Cost of any evidence of title procured in connection with such <br /> sale and of any revenue required to be paid; <br /> (2) All sums then secured hereby; <br /> (3) The remainder, if any, to the person or persons legally <br /> entitled thereto. <br /> Each of the parties to this Deed of Trust hereby requests that a copy of any <br /> Notice of Default and a copy of any Notice of Sale provided for hereinabove <br /> be mailed to each such party at the party' s post office address set forth <br /> herein. Upon the occurrence of any default hereunder, Beneficiary shall have <br /> the option to foreclose this Deed of Trust in the manner provided by law for <br /> the foreclosure of mortgages on real property. <br /> SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, <br /> will execute and deliver to Beneficiary, promptly upon request, such security <br /> instruments as may be required by Beneficiary, in a form and substance <br /> satisfactory to Beneficiary, covering any of the Property conveyed by this <br /> Deed of Trust which security instruments shall be additional security for <br /> Trustor' s faithful performance of all of the terms, covenants and conditions <br /> of this Deed of Trust, the Note and indebtedness secured hereby, and any <br /> other security instruments executed in connection with the indebtedness <br /> secured by this Deed of Trust; and all such instruments shall be filed and <br /> recorded at Trustor' s expense; (b) Beneficiary may, from time to time, by <br /> written instrument executed and acknowledged by Beneficiary, mailed to <br /> Trustor and recorded in the county or counties in which the - Property is <br /> located and by otherwise complying with the provisions of the applicable laws <br /> of the State of Nebraska, substitute a successor or successors to the Trustee <br /> named herein or acting hereunder; (c) although the Trustee, or Trustee' s <br /> successor or successors, may be an agent of, or attorney for, or otherwise <br /> connected with the Beneficiary, such fact shall not be construed to <br /> disqualify Trustee to act as such Trustee, nor shall such fact prevent the <br /> Trustee or Beneficiary from bidding at a sale and buying any part or all of <br /> the Property at any sale hereunder; (d) that if it should be necessary or <br /> appropriate for the protection of the security hereby conveyed or enforcement <br /> of the debt hereby secured, for the Trustee or the Beneficiary to institute <br /> or become a party to any proceeding or suit in a court of bankruptcy or <br /> probate or other court of general or limited jurisdiction, all expenses and <br /> costs properly incurred by said Trustee or said Beneficiary (including <br /> reasonable attorneys' fees) paid or incurred by such Trastee or Beneficiary <br /> in maintaining, prosecuting or defending such proceeding or protecting their <br /> respective rights hereunder shall be an additional debt secured by this Deed <br /> of Trust in like manner with the principal debt herein described; (e) <br /> Beneficiary, or its agents, representatives or workmen, are authorized to <br /> enter at any reasonable time upon or in any part of the Property for the <br /> purpose of inspecting the same and for the purpose of performing any of the <br /> acts it is authorized to perform under the terms of this Deed of Trust; (f) <br /> any forbearance by Beneficiary or Trustee in exercising any right or remedy <br /> hereunder, or otherwise afforded by applicable law, shall not be a waiver of <br /> or preclude the exercise of any such right or remedy hereunder; similarly, <br /> the waiver by Beneficiary or Trustee of any default of Trustor under this <br /> Deed of Trust shall not be deemed a waiver of any other or similar defaults <br /> subsequently occurring; (g) extension of the time for payment or modification <br /> or amortization of the sums secured by this Deed of Trust granted by <br /> Beneficiary to any successor in interest of Trustor shall not operate to <br /> release, in any manner the liability of the original Trustor and Trustor' s <br /> successor in interest . Beneficiary shall not be required to commence <br /> proceedings against such successor or refuse to extend the time for payment ; <br /> or otherwise modify amortization of the sums and indebtedness secured by this <br /> Deed of Trust by reason of any demand made by the original Trustor and <br />
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