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88102069
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Last modified
3/9/2007 5:41:15 PM
Creation date
3/9/2007 4:33:40 AM
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DEEDS
Inst Number
88102069
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<br />I <br /> <br />88-102089 <br /> <br />hereby and remaining unpaid and then to the items set forth in sub- <br />paragraph (c) of this paragraph FIFTH in the order therein stated. <br /> <br />(c) After paying the items specified in subparagraph (b) of this <br />paragraph FIFTH, if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if sale is pursuant to judicial <br />foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment of: <br /> <br />(1) Cost of any evidence of title procured in connection with <br />such sale and of any revenue required to be paid: <br /> <br />(2) All sums then secured hereby; <br /> <br />(3) The remainder, if any, to the person or persons legally <br />entitled thereto. <br /> <br />Each of the parties to this Deed of Trust hereby requests that a copy of <br />any Notice of Default and a copy of any Notice of Sale provided for herein- <br />above be mailed to each such party at his post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by <br />law for the foreclosure of mortgages on real property. <br /> <br />SIXTH: Trustor specifically agrees that (a) Trustor, at its ex- <br />pense, will execute and deliver to Beneficiary, promptly upon request, such <br />security instruments as may be required by Beneficiary, in a form and <br />substance satisfactory to Beneficiary, covering any of the Property con- <br />veyed by tMis Deed of Trust which security instruments shall be additional <br />security for Trustor's faithful performance of all of the terms, covenants <br />and conditions of this Deed of Trust, the Note and indebtedness secured <br />hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust: and all such instruments shall' <br />be filed and recorded at Trustor's expense; (b) Beneficiary may, from time <br />to time, by written instrument executed and acknowledged by Beneficiary, <br />mailed to Trustor and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provibions of the <br />applicable laws of the state of Nebraska, substitute a successor or succes- <br />sors to the Trustee named herein or acting hereunder; (c) although the <br />Trustee, or his successor or successors, may be an agent of, or attorney <br />for, or otherwise connected with the Beneficiary, such fact shall not be <br />construed to disqualify him to act as such Trustee, nor shall such fact <br />prevent the Trustee or Beneficiary from bidding at a sale and buying any <br />part or all of the Property at any sale hereunder: (dl that if it should be <br />necessary or appropriate for the protection of the security hereby conveyed <br />or enforcement of the debt hereby secured, for the Trustee or the Benefi- <br />ciary to institute or become a party to any proceeding or suit in a court <br />of bankruptcy or probate or other court of general or limited jurisdiction, <br />all expenses and costs properly incurred by said Trus~ee or said Benefi- <br />ciary (including reasonable attorneys' fees) paid or incurred by said <br />Trustee or Beneficiary in maintaining, prosecuting or defending such <br />proceeding or protecting their respective rights hereunder shall be an <br />additional debt secured by this Deed of Trust in like manner with the <br />principal debt herein describedj' (e) Beneficiary, or its agents, represen- <br />tatives or workmen, are authorized to enter at any reasonable time upon or <br />in any part of the Property for the purpose of inspecting the same and for <br />the purpose of performing any of the acts it is authorized to perform under <br />the terms of this Deed of Trust; (f) any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall not be a waiver of or preclude the exercise of any <br />such right or remedy hereunder; similarly, the waiver by Beneficiary or <br />Trustee of any default of Trustor under this Deed of Trust shall not be <br />deemed a waiver of any other or similar defaults suhsequently occurring; <br />(g) extension of the time for payment or modification or amortization of <br />the sums secured by this Deed of Trust granted by Beneficiary to any <br />successor in interest of Trustor shall not operate to release, in any <br />manner the liability of the original Trustor and Trustor's successor in <br />interest. Beneficiary shall not be required to commence proceedings <br />against such successor or refuse to extend the time for payment or other- <br />wise modify amortization of the sums and indebtedness secured by this Deed <br /> <br />-')- <br />
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