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200208380
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Last modified
10/15/2011 3:21:48 AM
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10/22/2005 9:16:16 PM
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DEEDS
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200208380
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200208380 <br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may <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 />deed shall be prima facie evidence of the truth of the statements made 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 fees; (b) to all sums secured by this Security Instrument; and <br />(c) any excess to the person or persons legally entitled to it. <br />14. BENEFICIARY IN POSSESSJON. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take <br />possession of and manage the Property and to collect the rents of the Property including those past due. Any 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, receiver's fees, premiums on receiver's bonds and <br />reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />li. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and <br />powers under 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 by court action of 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 enforce <br />any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by <br />Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />every 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 />deemed 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 Truster 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 event 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 effect 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 the party <br />against whom enforcement of any waiver, change, discharge or termination is sought. <br />17. RECONVEYANCE Upon payment of all sums 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 />secured 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 />I& REQUEST FO R NOTICES, Truster request that topics of the notices of default and sale be sent to <br />Trustor's address which is the Property Address. Truster further request that copies of the notices of default and <br />
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