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200305038
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Last modified
10/15/2011 9:14:41 PM
Creation date
10/21/2005 5:10:37 PM
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DEEDS
Inst Number
200305038
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APPENDIX A <br />200305038 <br />LOCAL LAW PROVISIONS <br />Pursuant to Section 6.15 of this Deed of Trust, this Appendix and the <br />following terms and conditions are hereby attached to, incorporated into and made <br />a part of this instrument. <br />1. Notwithstanding anything to the contrary in this Deed of Trust, the <br />Trustee shall apply the proceeds of a trustee's sale conducted pursuant to Section <br />5.04(b), first, to the costs and expenses of exercising the power of sale and of the <br />sale, including the payment of the Trustee's fees actually incurred not to exceed <br />the amount which may be provided fro in the Deed of Trust, second to payment of <br />the obligations secured by the Deed of Trust, third, to the payment of junior deeds <br />of trust, mortgages or other lienholders, and the balance, if any, to the person or <br />persons legally entitled thereto. <br />2. If Beneficiary elects to sell Grantor's interest in the Trust Property by <br />exercise of the power of sale herein contained, Beneficiary shall notify Trustee in <br />the manner then required by law. Upon receipt of such notice of Beneficiary and <br />at the direction of Administrative Agent, Trustee shall cause to be recorded, <br />published and delivered such notices of default and notices of sale as may then be <br />required by law and by this Deed of Trust. Trustee shall, only at the direction of <br />Beneficiary and without demand on Grantor, after such time as may then be <br />required by law and after recordation of such notice of default and after notice of <br />sale having been given as required by law, sell the Trust Property at the time and <br />place of sale fixed by it in such notice of sale, either as whole or in separate lots <br />or parcels or items as Beneficiary shall deem expedient, and in such order as it <br />may determine, at public auction to the highest bidder for cash in lawful money of <br />the United States payable at the time of sale, or as otherwise may then be required <br />by law. Trustee shall deliver to such purchaser or purchasers thereof its good and <br />sufficient deed or deeds conveying the property so sold, but without any covenant <br />or warranty, express or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any person, including, <br />without limitation, Grantor, Trustee or Administrative Agent, may purchase at <br />such sale. Trustee may in the manner provided by law postpone sale of all or any <br />portion of the Trust Property. <br />Waiver of Jury. THE GRANTOR AND THE BENEFICIARY <br />EXPRESSLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS, <br />WHETHER ARISING UNDER THE UNITED STATES OR ANY STATE <br />CONSTITUTION, ANY RULES OF CIVIL PROCEDURE, COMMON LAW <br />OR OTHERWISE, TO DEMAND A TRIAL BY JURY IN ANY ACTION, <br />LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER <br />LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS <br />(NY) 04675/ 120 /REAL/NEBRASKA/AppendixA.NE.doc <br />
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