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200300840 <br />provided, if the sale is postponed for longer than one day beyond <br />the day designated in the Notice of Sale, notice thereof shall be <br />given in the same manner as the original Notice of Sale. Trustee <br />shall execute and deliver to the purchase its deed conveying said <br />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 <br />conclusive proof of the truthfulness thereof. Any person, <br />including the Beneficiary,may purchase at the sale. <br />(2) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of sale to the payment of costs and expenses of <br />exercising the power of sale and of the sale, including payment of <br />Trustee's fees actually incurred, which Trustee's fees shall not in <br />the aggregate exceed the following amounts based upon the amount <br />secured hereby and remaining unpaid: 5 percentum on the first <br />$1,000.00 thereof; .5 percentum on the balance thereof; and then <br />to the items in subparagraph (3) in the order there stated. <br />(3) After paying the items specified in subparagraph (2) if the sale is <br />by Trustee or the proper court, and other costs of foreclosure and <br />sale if sale is pursuant to judicial foreclosure, the proceeds of sale <br />shall be applied in the order stated to the payment of: <br />(a) Cost of any evidence of title procured in connection with any <br />conveyance. <br />(b) All sums then secured hereby. <br />(c) The remainder, if any, to the person or persons legally <br />entitled thereto. <br />(4) At any time within three months after a sale of property under this <br />Deed of Trust and hereinabove provided, an action may be <br />commenced to recover any balance due upon the obligation as <br />provided in Section 76 -1013 of the Nebraska Statutes. <br />D. Ootion to Foreclose: Upon the occurrence of any default hereunder, <br />Beneficiary shall have the option to foreclose this Deed of Trust in the <br />manner provided by law for the foreclosure of mortgages on real property. <br />E. Substitute Trustee: Beneficiary may from time to time substitute a <br />successor or successors to any Trustee named herein or acting hereunder. <br />Upon such appointment and without conveyance to the successor Trustee, <br />the latter shall be vested with all title, powers and duties conferred upon <br />any Trustee herein named or acting hereunder. Each such appointment <br />and substitution shall be made by written instrument and executed by <br />Beneficiary containing reference to this Deed of Trust and its place of <br />record, which, when recorded in the office of the Register of Deeds of the <br />county or counties in which said property is situated, shall be conclusive <br />proof of the proper appointment of the successor Trustee. The foregoing <br />power of substitution and the procedure thereof shall not be exclusive of <br />the power and procedure provided for by law for the substitution of a <br />Trustee in place of the Trustee named herein. <br />F. Assignability and Acceleration: Trustor covenants and agrees that the <br />-3- <br />