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200302065
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Last modified
10/15/2011 4:40:06 PM
Creation date
10/21/2005 4:11:29 PM
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DEEDS
Inst Number
200302065
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200302065 <br />(c) Alter paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is <br />by 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 below to the payment of: <br />(1) Cost of any evidence of title procured in connection with such sale and <br />of any revenue required to be paid; <br />(2) All sums then seemed 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 <br />a copy of any Notice of Sale provided for hereinabove be mailed to each such party at the parties <br />post office address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of <br />mortgages on real property. <br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver <br />to Beneficiary, promptly upon request, such security instruments as maybe required by Beneficiary, <br />in a form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust which security instruments shall be additional security for TruStor's faithful <br />performance of all of the terms, covenants and conditions of this Deed of Trust, the Note and <br />indebtedness secured hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at <br />trustor's expense; (b) Beneficiary may, from time to time, by written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions of the applicable laws of the <br />State of Nebraska, substitute a successor or successors to the Trustee named herein or acting <br />hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent of, or <br />attorney for, or otherwise 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 Trustee or Beneficiary from <br />bidding at a sale and buying any part or all ofthe Property at any sale hereunder; (d) that if it should <br />be necessary or appropriate for the protection of the security hereby conveyed or enforcement ofthe <br />debt hereby secured, for the trustee or the Beneficiary to institute or become a party to any <br />proceeding or suit in a court of bankruptcy or probate or other court of general or limited <br />jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including <br />reasonable attorney's fees) paid or incurred by such Trustee or Beneficiary in maintaining, <br />prosecuting or defending such proceeding or protecting their respective rights hereunder shall bean <br />additional debt secured by this Deed of Trust in like manner with the principal debt herein described; <br />(e) Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable <br />time upon or in any part of the Property for the purpose of inspecting the same and for the purpose <br />of performing any of the 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 hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under <br />this Deed of Trust shall not be deemed a waiver of any other or similar defaults subsequently <br />occurring; (g) extension ofthe time for payment or modification or amortization of the sums secured <br />by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate <br />to release, in any manner the liability of the original Trustor and Trustor's successor in interest. <br />Beneficiary shall not be required to commence proceedings against such successor or refuse to <br />extend the time for payment or otherwise modify amortization of the sums and indebtedness secured <br />by this Deed of Trust by reason of any demand made by the original trustor and trustor's successors <br />ininterest; (h) without affecting the liability of the truster or any other person liable for the payment <br />of the obligations and indebtedness secured by this Deed of Trust, and without affecting the lien or <br />charge of this Deed of Trust upon any portion of the Property not then or theretofore released as <br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and <br />without notice (i) release any person so liable, (it) extend the maturity or alter any of the terms of <br />any such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released <br />or reeonveyed at any time at Beneficiary's option any parcel, portion or all of the Property, (v) take <br />or release any other or additional security for any obligation or indebtedness herein mentioned, or <br />(vi) make compositions or other arrangements with debtors in relation thereto; (i) in addition to the <br />rights and powers given to the Trustee and Beneficiary herein, the Beneficiary shall have all such <br />other rights both in law and equity for collection ofthe indebtedness secured hereby as it would have <br />Page 5 of 6 <br />
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