|
<br />200710571
<br />
<br />of default, setting forth the name of the Trustor, the Book and Page or Document No. ofthis
<br />Deed of Trust as recorded in said Register of Deeds office, the legal description of the above-
<br />described real estate and that a breach of an obligation, for which said real estate was conveyed
<br />as security, has occurred, and setting forth the nature of such breach and the Trustee's election to
<br />sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the
<br />Trustee shall give written notice of the time and place of sale which may be between 9:00 a.m.
<br />and 5:00 p.m. at the premises, or at the Courthouse in the County wherein such Property is
<br />located, describing the Property to be sold by its legal description, said notice to be published in
<br />a newspaper of general circulation in the County wherein such Property is located, once a week
<br />for five (5) consecutive weeks, the last publication to be at least ten (10) days, but not more than
<br />thirty (30) days, prior to the sale; and the Trustee shall then sell said Property at the time and
<br />place designated in the notice, in the manner provided by law in effect at the time of filing said
<br />notice, at public auction to the highest bidder for cash and shall deliver to such purchaser a deed
<br />to the Property sold, consistent with the law in effect at the time.
<br />
<br />Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser, Trustee's
<br />deed conveying the Property sold. Recitals in the Trustee's deed shall be prima facie evidence of
<br />the truth ofthe statements made therein. Trustee shall apply the proceeds ofthe sale in the
<br />following order: (a) to all reasonable costs and expenses of the sale, including but not limited to,
<br />Trustee's fees of not more than 1.5% ofthe gross sale price, reasonable attorney fees and costs of
<br />title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the
<br />person or persons legally entitled thereto. Any person, including Beneficiary, may purchase said
<br />Property at said sale.
<br />
<br />The person conducting the sale may, for any cause he or she deems expedient, postpone
<br />the sale from time to time until it shall be completed and, in every such case, notice of postpone-
<br />ment shall be given by public declaration thereof by such person at the time and place last
<br />appointed for the sale; provided, ifthe sale is postponed for longer than Forty-Five (45) days
<br />beyond the date designated in the notice of sale, notice thereof shall be given in the same manner
<br />as the original notice of sale.
<br />
<br />14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligation secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any loan instrument or
<br />other agreement or any laws now or hereafter enforced, notwithstanding some or all of the
<br />indebtedness and obligations secured hereby which may now or hereafter be otherwise secured,
<br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each ofthem, shall be
<br />entitled to enforce this Deed of Trust and any other security now or hereafter held by the
<br />Beneficiary or Trustee in such order and manner as they, or either of them, may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each
<br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in 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 them may be otherwise entitled
<br />may be exercised, concurrently or independently, from time to time and as often as may be
<br />deemed expedient by Trustee or Beneficiary, and either ofthem may pursue inconsistent
<br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against Trustor to the extent such action is permitted by law.
<br />
<br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to Trustor at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />
<br />16. Aooointment of Successor Trustee. Beneficiary may, from, time to timc, by
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in
<br />the County in which the Property is located and by otherwise complying with the provisions of
<br />the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee
<br />named herein or acting hereunder.
<br />
<br />4
<br />
|