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99112211
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Last modified
3/13/2012 8:34:26 PM
Creation date
10/21/2005 1:53:14 AM
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DEEDS
Inst Number
99112211
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99 112211 <br /> such person at the time and place last appointed for the sale; provided, <br /> if the sale is postponed for longer than one (1) day beyond the day <br /> designated in the Notice of Sale, notice thereof shall be given in the <br /> same manner as the original Notice of sale . Trustee shall execute and <br /> deliver to the purchaser its Deed conveying the property so sold, but <br /> without any covenant or warranty, express or implied. The recitals in <br /> the Deed of any matters or facts shall be conclusive proof of the <br /> truthfulness thereof . Any person, including without limitation, <br /> Benef iciary or Trustee may purchase at the sale . Said sale shall be <br /> conducted at the real estate forming a part of the Property or at the <br /> court house in the county in which the Property to be sold, or some part <br /> thereof, is situated. <br /> (b) When Trustee sells pursuant to the powers herein, Trustee shall <br /> apply the proceeds of the sale to payment of the costs and expenses of <br /> exercising the power of sale and of the sale, including, without <br /> limitation, the payment of Trustee' s fees incurred, which Trustee' s fees <br /> shall not in the aggregate exceed the sum of Five Hundred and no/100th <br /> Dollars ($500 . 00) plus 1/2 of 1% 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 constrv.ed 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 oi <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 Trustee 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 />, � <br />
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