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<br />88-
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<br />105141
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<br />bidder for cash and shall deliver to such purchaser a deed to the property sold.
<br />ccnsistent with the law in effect at the time.
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<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 I s fees of not more
<br />than 5 % 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 any,
<br />to the person or persons legally entitled thereto. Any person, including Beneficiary,
<br />may purchase said property at said sale.
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<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 completed and, in every such
<br />case, notice of postponement shall be given by public declaration thereof by such
<br />person at the time and place 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.
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<br />l3. 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 mis 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 0;'9 obligations secured hereby which
<br />m2Y now or hereafter be otherwise secured. whether by mortgage, deed of trust, pledge,
<br />lien, assignnent or otherwise. Nei ther 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 Ileld by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary,
<br />and each of them, shall be entitled to enforce this Deed of Trust and any other secur-
<br />i ty now or hereafter held by the Benefici,ny or Trustee in such order and manner
<br />as they, or either of them, may in their absolute discretion determine. No remedy
<br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclu-
<br />sive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative and shall be in addition to every other remedy given hereunder or now
<br />or hereafter existing at law or in equity or by statute. Every power 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 prohi-
<br />biting Beneficiary from seeking a deficienty judgment against Trustor to the extent
<br />such action is permitted by law.
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<br />14. Reouest for Notice. Trustor hereby 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.
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<br />15.. Appointment of SUCCEssor Trustee. Beneficiary may, from time to time,
<br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor
<br />and recorded in the County in which the property is located and by otherwise complying
<br />wi th the provisions of the applicable law of the State of Nebraska, substi tute a
<br />successor or successors to the Trustee named herein or acting hereunder.
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<br />16. Successors and Assions.. This Deed of Trust applies to and inures to the
<br />benefit of and binds all parties heret-D, their heirs, legatees, devisees, personal
<br />representatives, successors and assigns. The term "Beneficiary" shall mean the oU/ner
<br />and hDlder Df the nDte, whether or not named as Beneficiary herein.
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<br />17. Beneficiary's Power5. Without affecting the liability of any other person
<br />liable for the payment of any obligation nerein 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 sp.curity for the full payment of all unpaid obligations,
<br />Beneficiary may, from time to time and w: thout notice:
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<br />(a) release any persons 50 .!-iable;
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<br />(b) eJ(tend thp maturity r Ed~E'r t..~11" ,-'f the terms of any
<br />such ooligat:,ofl;
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<br />(c) grant UP""lE::r jr<1 Jl'1l?f'f e~:
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