<br />88- 10534€
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<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.
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<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.
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<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:
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<br />(1) Cost of any evidence of title procured in connection with
<br />such sale and of any revenue required to be paid;
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<br />(2) All sums then secured hereby,
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<br />(3) The remainder, if any, to the person or persons legally
<br />entitled thereto.
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<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.
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<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,
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