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88102644
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1988
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88102644
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3/9/2007 5:41:20 PM
Creation date
3/9/2007 4:35:05 AM
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DEEDS
Inst Number
88102644
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<br />88- 102644 <br /> <br />percent (1!%) of the gross sale price, reasonable attorney fees <br />and costs of title evidence~ (b) to all sums secured by this Deed <br />of Trust; and (c) the excess, if any, to the person or persons <br />legally entitled thereto. Any person, including Benefic~ary, may <br />purchase said property at said sale. <br /> <br />The person conducting the sale may, for any cause he or she <br />deems expedient, postpone the sale from time to time until it <br />shall be completed and, in every such case, notice of postpone- <br />ment shall be given by public declaration thereof by such person <br />at the time and place last appointed for the sale; p~ovided, if <br />the sale is postponed for longer than one (1) day beyond the date <br />designated in the notice of sale, notice thereof shall be given <br />in the same manner as the original notice of sale. <br /> <br />14. Remedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be ent~tled to enforce payment and perform- <br />ance of any indebtedness or obligation secured hereby and to <br />exercise all rights and powers under this Deed of Trust or under <br />any loan instrument or other agreement or any laws now or here- <br />after enforced, notwithstanding some or all of the indebtedness <br />and obligations secured hereby which may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers herein contained, <br />shall prejUdice or in any manner affect Trustee's or Benefi- <br />ciary's right to realize upon or enforce any other security now <br />or hereafter held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or here- <br />after held by the Beneficiary or Trustee in such order and manner <br />as they, or either of them, may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given <br />hereunder or now or hereafter existing at law or in equity or by <br />statute. Every power or remedy given by any of the loan instru- <br />ments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Bene- <br />ficiary from seeking a deficiency judgment against Trustors to <br />the extent such action is permitted by law. <br /> <br />15. Request for Notice. Trustors hereby request a copy of <br />any notice of default and that any notice of sale hereunder be <br />mailed to Trustors at the address set forth in the first para- <br />graph of this Deed of Trust. <br /> <br />16. Appointment of Successor ~rustee. Beneficiary may, <br />from time to t1me, by wr~tten ~nstrument executed and acknowl- <br />edged by Beneficiary, mailed to Trustors and recorded in the <br />County in which the property is located and by otherwise complying <br />with the provisions of the applicable law of the State of Nebraska, <br />substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br /> <br />17. Successors and Assigns. This Deed of Trust applies to <br />and inures to the benefJ.t of and binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Beneficiary herein. <br /> <br />18. Beneficiary's Powers. without affecting the liability <br />of any other person liable for the payment of any obligation <br />herein mentioned, and without affecting the lien or charge of <br />this Deed of Trust upon any portion of the property not then or <br />theretofore released as security for the full payment of illl <br />unpaid obligations, Beneficiary may, from time to time and <br />without notice: <br /> <br />-5- <br />
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