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200411760
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Last modified
10/16/2011 11:51:26 PM
Creation date
10/21/2005 6:21:45 AM
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DEEDS
Inst Number
200411760
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200411'760 <br />until it shall be completed and, in every such case, notice of postponement shall be given by public <br />declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is <br />postponed for longer than one (1) -day beyond the day designated in the Notice of Sale, notice thereof <br />shall be given in the same manner as the original Notice of sale. Trustee shall execute and deliver to the <br />purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including without limitation, Beneficiary or Trustee may purchase at the sale. Said <br />sale shall be conducted at the real estate forming a part of the Property or at the court house in the county <br />in which the Property to be sold, or some part thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed <br />the sum of Five Hundred and no /100 Dollars ($500.00) plus %2 of 1% of the amount secured hereby and <br />remaining unpaid and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order <br />therein stated. <br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is by <br />Trustee, or the proper court and 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 sale and of any revenue <br />required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy <br />of any Notice of Sale provided for herein above be mailed to each such party at the party's post office <br />address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the option <br />to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real <br />property. <br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to <br />Beneficiary, promptly upon request, such security instruments as may be required by Beneficiary, in a <br />form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of <br />Trust which security instruments shall be additional security for Trustor's faithful performance of all of <br />the terms, covenants and conditions of this Deed of Trust, the Note and indebtedness secured hereby, and <br />any other security instruments executed in connection with the indebtedness secured by this Deed of <br />Trust; and all such instruments shall be filed and recorded at Trustor's expense; (b) Beneficiary may, <br />from time to time, by written instrument executed and acknowledged by Beneficiary, mailed to Trustor <br />and recorded in the county or counties in which the Property is located and by otherwise complying with <br />the provisions of the applicable laws of the State of Nebraska, substitute a successor or successors to the <br />Trustee named herein or acting hereunder; (c) although the Trustee, or Trustee's successor or successors, <br />may be an agent of, or attorney for, or otherwise connected with the Beneficiary, such fact shall not be <br />construed to disqualify Trustee to act as such Trustee, nor shall such fact prevent the Trustee or <br />Beneficiary from bidding at a sale and buying any part or all of the Property at any sale hereunder; (d) <br />that if it should be necessary or appropriate for the protection of the security hereby conveyed or <br />enforcement of the debt hereby secured, for the Trustee or the Beneficiary to institute or become a party <br />-6- <br />
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