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200206963
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Last modified
10/15/2011 1:15:11 AM
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10/22/2005 8:58:25 PM
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DEEDS
Inst Number
200206963
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200206963 <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of payment of the <br />price bid, Trustee shall deliver to the purchaser Trustee `s deed conveying the Property. The recitals in the Trustee's <br />decd shall be prima facie evidence of the truth of the statements nurde therein. Trustee shall apply the proceeds of <br />the sale in the following order'. (a) to all expenses of the sale, including, but not limited to, Trustee's fees as <br />permitted by applicable law and reasonable attorney's fdrs; (b) to all sums secured by this Security Instrument, and <br />(c) any axcoss to the person or persons legally entitled to it <br />14. BFNEFICIARY IN POSSESSION Upon acceleration under paragraph 13 or abandonment of the <br />Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be untitled to enter upon. take <br />possession of and manage the Property and to collect the rents of the Property including those past duo. Anv rents <br />collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of the <br />Property and collection of rents, including, but not limited to, receivers fees, premiums on reeoivcr's bonds and <br />reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />15 _ 1 MEDIES NOT EXCLUSIVE Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of ary indebtedness or obligations secured hereby and to exercise all rights and <br />powers trader this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in <br />force, notwithstanding some mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance <br />of this Deed of Trust nor its enforcement whether b} court action or pursuant to the power of sale or other powers <br />herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enfirme <br />any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, mid <br />each of them, shall be entitled to enforce this Decd of Trust and any other security now or hereafter held by <br />Boncliciary or Trustee in such order and manner as they or either of them may in their absolute discretion <br />dcto nine No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />y ether remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />even other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or <br />remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be <br />deuned expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies_ Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent <br />such action is permitted by law. <br />16. GOVERNING LAW, This Deed of Trust shall be governed by the laws of the State of Nebraska_ In <br />the avmtt that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts <br />shall not affect other provisions of such Loan Instruments which can be given cffcct without the conflicting <br />provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument <br />cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by thu party <br />against whom enforcement of any waiver, change, discharge or termination is sought. <br />17. RECONVEYANC , Upon payment of all sans secured by this Security Instrument, Beneficiary shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />Nurtured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without <br />charge to the person or persons legally entitled to it Such person or persons shall pay any recordation costs. <br />tx_ REQUEST FOR NOTICES Trustor request that copies of the notices of default and sale be sent to <br />Trustor 's address which is the Properly Address. Trustor further request that copies of the notices of default mid <br />sale be sent to each person who is a party hereto at the address of such person set forth herein <br />
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