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200303353
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200303353
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Last modified
10/15/2011 6:46:50 PM
Creation date
10/21/2005 4:31:48 PM
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DEEDS
Inst Number
200303353
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200303353 <br />(1) After the lapse of such time as may be required by law following the <br />recordation of said Notice of Default, and Notice of Sale having been given as <br />required by law, Trustee, without demand on Trustor, shall sell said property <br />on the date and at the time and place designated in said Notice of Sale, at <br />public auction to the highest bidder, the purchase price to be payable in lawful <br />money of the United States at the time of sale. <br />The person conducting the sale may, for any cause he deems expedient, <br />postpone the sale from time to time until it shall be completed, and in every <br />case, notice of postponement shall be given by public declaration thereof by <br />such person at the time and place last appointed for the sale; <br />Provided, if the sale is postponed for longer than one day beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the same <br />manner as the original Notice of Sale. Trustee shall execute and deliver to the <br />purchaser; its deed conveying said property so sold, but without any covenant <br />or warranty, express or implied. The recitals in the deed of any matters or <br />facts shall be 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 apply the <br />proceeds of sale to the payment of costs and expenses of exercising the power <br />of sale and of the sale, including payment of Trustee's fees actually incurred, <br />which Trustee's fees shall not in the aggregate exceed the following amounts <br />based upon the amount secured hereby and remaining unpaid: 5 percentum on <br />the first $1,000.00 thereof; .05 percentum on the balance thereof; and then to <br />the items in subparagraph (3) in the order there stated. <br />(3) After paying the items specified in subparagraph (2) if the sale is by <br />Trustee or the proper court, and other costs of foreclosure and sale if sale is <br />Pursuant to judicial foreclosure, the proceeds of sale shall be applied in the <br />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 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 commenced to <br />recover any balance due upon the obligation as provided in Section 76 -1013 of <br />the Nebraska Statues. <br />D. Option to Foreclose: Upon the occurrence of any default hereunder, <br />Beneficiary shall have the option to foreclose this Deed of Trust in the manner <br />provided by law for the foreclosure of mortgages on real property. <br />E. Substitute Trustee: Beneficiary may from time to time substitute a successor or <br />successors to any Trustee named herein or acting hereunder. Upon such <br />appointment and without conveyance to the successor Trustee, the latter shall be <br />vested with all title, powers and duties conferred upon any Trustee herein named <br />or acting hereunder. Each such appointment and substitution shall be made by <br />written instrument and executed by Beneficiary containing reference to this Deed <br />of Trust and its place of record, which, when recorded in the office of the Register <br />of Deeds of the county or counties in which said property is situated, shall be <br />conclusive proof of the proper appointment of the successor Trustee. The <br />foregoing 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 Trustee in <br />place of the Trustee named herein. <br />3 of <br />
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