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200203298
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Last modified
10/14/2011 7:09:21 PM
Creation date
10/22/2005 5:24:53 PM
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DEEDS
Inst Number
200203298
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expedient, postpone the sale from time to time until it shall be <br />completed, and in every case, notice of postponement shall be <br />given by public declaration thereof by such person at the time <br />and place last appointed for the sale; provided, if the sale is <br />postponed for longer than one day beyond the day designated in <br />the Notice of Sale, notice thereof shall be given in the same <br />manner as the original Notice of Sale. Trustee shall execute <br />and deliver to the purchaser its deed conveying said property so <br />sold, but without any covenant or warranty, express or implied. <br />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 <br />of exercising the power of sale and of the sale, including <br />payment of Trustee's fees actually incurred, which Trustee's <br />fees shall not in the aggregate exceed the following amounts <br />based upon the amount secured hereby and remaining unpaid: <br />5 percentum on the first $1,000.00 thereof; .05 percentum on <br />the balance thereof; and then to the items in subparagraph (3) in <br />the order there stated. <br />(3) After paying the items specified in subparagraph (2) if the sale <br />is by Trustee or the proper court, and other costs of foreclosure <br />and sale if sale is pursuant to judicial foreclosure, the proceeds <br />of sale shall be applied in the order stated to the payment of: <br />(a) Cost of any evidence of title procured in connection with <br />any 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 <br />this Deed of Trust as 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. Option 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 <br />property. <br />E. Substitute Trustee: Beneficiary may from time to time substitute a <br />successor or successors to any Trustee named herein or acting <br />hereunder. Upon such appointment and without conveyance to the <br />successor Trustee, the latter shall be vested with all title, powers and <br />duties conferred upon any Trustee herein named or acting hereunder. <br />Each such appointment and substitution shall be made by written <br />instrument and executed by Beneficiary containing reference to this <br />Deed of Trust and its place of record, which, when recorded in the <br />office of the Register of Deeds of the county or counties in which said <br />property is situated, shall be conclusive proof of the proper <br />appointment of the successor Trustee. The foregoing power of <br />substitution and the procedure thereof shall not be exclusive of the <br />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 />Beneficiary shall have the option of declaring the unpaid balance <br />immediately due and payable upon any conveyance, assignment or <br />3 of 5 <br />
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