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200607523
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Last modified
8/23/2006 12:49:10 PM
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8/23/2006 12:49:10 PM
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DEEDS
Inst Number
200607523
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<br />200607523 <br /> <br />other remedies permitted by applicable law. Trustor shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this paragraph 13, including, but not limited to <br />reasonable attorney's fees and costs of title evidence. If power of sale is invoked, Trustee shall <br />record a notice of default in each county in which any part of the Property is located and shall <br />mail copies of such notice in the manner prescribed by applicable law to Trustor and to the <br />other persons prescribed by applicable law. After the time required by applicable law, Trustee <br />shall give public notice of sale to the persons and in the manner prescribed by applicable law. <br />Trustee, without demand on trustor, shall sell the Property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale in one or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br />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 <br />receipt of payment-of the price-bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statement made therein. Trustee shall apply the proceeds of the sale in the <br />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 <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or <br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and manage the Property and to <br />collect the rents of the Property including those past due. Any rents collected by Beneficiary or <br />the receiver shall be applied first to payment of the costs of management of the Property and <br />collection of rents, including, but not limited to, receiver's fees, premiums or receiver's bonds <br />and reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan <br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or <br />all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither <br />the acceptance of this Deed of Trust nor its enforcement whether by court actin or pursuant to <br />the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter <br />held by Trustee or Beneficiary, it being agreed that Trustee and BenefiCiary, and each of them, <br />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 <br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is <br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each <br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the <br />Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise <br />entitled, may be exercised, concurrently or independently, from time to time and as often as <br />may be deemed expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts <br /> <br />4 <br />
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