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<br />88- 10534€ <br /> <br />auction to the highest bidder, the purchase price payable in ~ash in <br />lawful money of the Untied states at the time of sale. The person <br />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, <br />in every such case, notice of postponement shall be given by public <br />declaration thereof by such person at the time and place last ap- <br />pointed for the sale; provided, if the sale is postponed for longer <br />than one (1) day beyond the day designated in the Notice of Sale, <br />notice thereof shall be given in the same manner as the original <br />Notice of sale. Trustee shall execute and deliver to the purchaser <br />its Deed conveying the property so sold, but without any covenant or <br />warranty, express or implied. The recitals in the Deed of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including wi.thout limitation, Beneficiary or Trustee may <br />purchase at the sale. Said sale shall be conducted at the real estate <br />forming a part of the Property or at the court house in the county in <br />which the Property to be sold, or some part thereof, is situated. <br /> <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's <br />fees shall not in the aggregate exceed the sum of Five Hundred and <br />no/IOOths Dollars ($500.00) plus 1/2 of 1% of the amount secured <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 specif_~d in subparagraph (~) 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: Trustors specifically agree that (a) Trustors, at their ex- <br />pense, w~ll 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 this Deed of Trust which security instruments shall be additional <br />security for Trustors' 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 Trustors' expense, (bl Beneficiary may, from time <br />to time, by written instrument executed and acknowledged by Beneficiary, <br />mailed to Trustors and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions 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 aqent 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; (d. 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 />