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88104096
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1988
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88104096
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Last modified
3/9/2007 5:41:33 PM
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3/9/2007 4:38:41 AM
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DEEDS
Inst Number
88104096
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<br />88- 104096 <br /> <br />either as a whole, or in separate lots or parcels or items as <br />Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash ln <br />lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof <br />its good and sufficient deed of deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. <br />The recitals in such deed of any matters or facts shall be <br />conc~usive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee and Beneficiary, <br />may purchase at such sale and Trustor hereby covenants to warrant <br />and defend the title of such purchaser or purchasers. <br /> <br />(b) As may be permitted by law, after deducting all costs, <br />fees and expenses of Trustee and of this Trust, including costs <br />of evidence of title in connection with sale, and including a <br />reasonable attorney fee of not more than one-half of one percent <br />of the unpaid principal balance then due, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the <br />terms hereof, not then repaid, with accrued interest at 10.75 <br />percent per annum, as provided in the ori~inal promissory note <br />and any subsequent renewals thereto, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person <br />or persons legally entitled thereto. <br /> <br />(c) Trustee may in the manner provided by law, postpone <br />sale of all or any portion of the Trust Estate. <br /> <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured hereby and <br />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 <br />hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter <br />be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment or otherwise. Neither the acceptance of <br />this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other power of sale or other <br />powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any <br />other security now or hereafter held by Trustee or Beneficiary, <br />it being agreed that Trustee and Beneficiary, and each of them, c <br />shall be entitled to enforce this Deed of Trust and any other <br />security now or hereafter held by Beneficiary or Trustee in such <br />order and manner as they or either of them may in their absolute <br />discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each <br />shal~ be cumulative and shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in <br />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 <br />them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment <br />against the trustor to the extent such action is permitted by <br />law. <br /> <br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of <br />any notice of default and that any notice of sale hereunder be <br />mailed to it at the address set forth in the first paragraph of <br />this Deed of Trust. <br /> <br />14. GOVERNING LAW. This Deed of Trust shall be governed by <br />the lawa of the State of Nebraska. In the event that any <br />provisici1 or clause of any of the Loan Instrument conflicts with <br />
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