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1988
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88102390
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Last modified
3/9/2007 5:41:17 PM
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3/9/2007 4:34:28 AM
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DEEDS
Inst Number
88102390
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<br />88- 10~S90 <br /> <br />bidder for cash and shall deliver to such purchaser a deed to the property sold. <br />consistent with the law in effect at the time, <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser. <br />Trustee's deed conveying the property sold, Recitals in the Trustee's deed shall <br />be prima facia evidence of the truth of the statements made therein, Trustee shall <br />apply the proceeds of the sale in the following order: (a) to all reasonable costs <br />and expenses of the sale. including but not limited to. Trustee's fees of not more <br />than 3 % of the gross sale price, reasonable attorney fees and costs of title <br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess. if ony, <br />to the person or persons legally entitled thereto, Any person. including Beneficiary, <br />may purchase said property at said sale. <br /> <br />The person conducting the sale may, for any cause he or she deems expedient, <br />postpone the sale from time to time until it shall be compJeted and. in every such <br />case, notice of postponement shall be given by public declaration thereof by such <br />person at the time and rlace last appointed for the sale; provided, if the sale is <br />postponed for longer than one (1) day beyond the date designated in the notice of <br />sale, notice thereof shall be given in the same manner as the original notice of <br />sale. <br /> <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce payment and performance of any indebtedness or obligation <br />secured hereby and to exercise all rights and powers under this Deed of Trust or <br />under any loan instrument or other agreement or any laws now or hereafter enforced. <br />notwithstanding some or all of the indebtedness and obligations secured hereby Which <br />may now or hereafter be otherwise secured, whether by mortgage. deed of trust, pledge. <br />lien. assignTlent or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement. whether by court action or pursuant to the power of sale or other <br />powers herein contained. shall prejudice or in any manner affect Trustee's or here- <br />after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary. <br />and eac.h of them, shall be enti tled to enforce this Deed of Trust and any other secur- <br />i ty now or hereaFter held by the Beneficiary or Trustee in such order and marmer <br />as they. or either of them, may in their absolute discretion deteI1l1ine. No remedy <br />herein conferred upon or reserved to Trustee C~ Beneficiary is intended to be excl~- <br />sive of any other remedy herein or by law provided or permitted. but each shall be <br />cumu!ati ve and shall be in addi lion to every other remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute. Every p~~er or remedy given <br />by any of the loan instruments to Trustee or Beneficiary or to which either ,of them <br />may be otherwise entitled may be exercised. concurrently or independently. from time <br />to time and as oFten as may be deemed expedient by Trustee or Beneficiary. and either <br />of them may pursue inconsistent remedies. Nothing herein shall be construed as pr:lhi- <br />biting BeneFiciary from seeking a deficienty judgment against Trustor to the extent <br />such action is permitted by law. <br /> <br />14. Request for Notice. Trustor ',ereby requests a copy of any notice of default <br />and that any notice of sale hereunder be mailed to Trustor at the address set forth <br />in the first paragraph of this Deed of Trust. <br /> <br />15. Appointment of Successor Trustee. Beneficiary may. from time to time, <br />by written instrument executed and acknowledged by Senef iciary, mailed to Tr'ustor <br />and recorded in the County in which the property is located and by otherwise complying <br />with the provisions of the applicable law of the State of Nebraska, substitute a <br />successor or successors to the Trustee named herein or acting hereunder. <br /> <br />16, Successors and Assiqns. Thi s Deed of Trust appl ies to and inures to the <br />beneFit of and binds all parties hereto, their heirs, legatees, devisees. personal <br />representatives. successors and aS$igns. The term "Beneficiary" shall mean the owner <br />and holder of the note. whether or not named as Beneficiary herein. <br /> <br />17. Beneficiary's Powers. Without affecting the liabil it y of any other person <br />liable for the payment of any obligation herein mentioned, and without affecting <br />the lien or charge of this Deed of Trust upon any portion of the property not then <br />or theretofore released as security for the full payment of all unpaid Obligations. <br />Beneficiary may, from time to time and without notice: <br /> <br />(8) r8le658 any persons so liable; <br /> <br />(b) extend t.he maturity or alter any of the terms Llf ;"1)' <br />suet' oblIgation; <br /> <br />Ie) grant other indulgences: <br /> <br />../J- <br />
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