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200313159
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Last modified
10/16/2011 7:23:26 AM
Creation date
10/28/2005 3:43:26 PM
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DEEDS
Inst Number
200313159
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200313159 <br />(b) Trustor shall fail to comply with or perform any other term, condition or covenant <br />of the Note, this Deed of Trust or any other Loan Documents; or <br />(c) The Premises shall be transferred in any manner other than that allowed herein; or <br />(d) The occurrence of any event set forth in Section 9.4 hereof, or <br />(e) An Event of Default occurs under the Credit and Security Agreement. <br />SECTION 8.2 Beneficiary's Right To Accelerate. <br />Upon the occurrence of an Event of Default, Beneficiary may immediately and without <br />notice to Trustor declare the entire unpaid principal balance of the Note together with all other <br />Indebtedness to be immediately due and payable and thereupon all such unpaid principal balance <br />of the Note together with all accrued interest thereon, any prepayment premium under the terms <br />of the Note and all other Indebtedness shall be and become immediately due and payable. <br />SECTION 8.3 Remedies. <br />Beneficiary, at its option, may foreclose this Deed of Trust in the manner provided by- <br />law for the Foreclosure of Deed of Trusts on real property, or may cause the Premises to be sold <br />in the manner provided in the Nebraska Trust Deeds Act under the power of sale conferred upon, <br />the Trustee hereunder. <br />In the event that Beneficiary desires that the Premises be sold pursuant to the power of <br />sale conferred upon the Trustee hereunder, the Trustee shall cause to be filed of record a written <br />notice of default, and thereafter give notice of sale as then required by law following recordation <br />of such notice of default and election to sell such property. Trustor hereby requests that a copy <br />of any notice of default and a copy of any notice of sale be mailed to Trustor in the manner <br />provided in the Nebraska Trust Deeds Act to the address set forth on Page 1 of this Deed of <br />Trust. After the lapse of such time as then may be required by law following recordation of such <br />notice of default, and notice of sale having been given as then required by law, the Trustee <br />without demand on the Trustor, shall sell the Premises, either in whole or in separate parcels, and <br />in such order as it or the Beneficiary may determine at public auction to the highest bidder. The <br />Trustee may postpone the sale of all or any portion of the Premises as allowed by law. The <br />Trustee shall deliver to any purchaser at such sale its deed conveying the Premises so sold, but <br />without any covenant or warranty, express or implied. The recital in such deed of any matters of <br />fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, including the <br />Trustor, the Trustee or the Beneficiary, may purchase at such sale. The Trustee shall out of the <br />proceeds arising from sale and Foreclosure retain the principal and interest due on the Note and <br />the Indebtedness together with all such sums of money as the Beneficiary and the Trustee shall <br />have expended or advanced pursuant to this Deed of Trust or pursuant to statute together with <br />interest thereon as herein provided and all costs and expenses of such Foreclosure, including <br />lawful attorney's fees and Trustee's fees actually incurred not exceeding five percent (5 %) of the <br />amount realized at such sale, in such order as provided by the Nebraska Trust Deeds Act, with <br />the balance, if any, to be paid to the persons entitled thereto by law. It is further agreed that, if <br />the Premises be advertised for sale as herein provided and not sold, the Trustor agrees to pay to <br />15311/53;09/30/03 -21 - <br />
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