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<br />200800422 <br /> <br />the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale. <br />Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in the Deeds of any matters or <br />facts shall be conclusive proofofthe truthfulness thereof. Any person, including without limitation, <br />Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real estate <br />f<.mning a part of the Property or at the court house in the county in which the Property to be sold, <br />or some part thereof, is situated. <br /> <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds ofthe <br />sale to payment ofthe costs and expenses of exercising the power of sale and of the sale, including, <br />without limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the <br />aggregate exceed the sum of Five Hundred and noll OOths Dollars ($500.00) plus 1/2 of 1 % of the <br />amount secured hereby and remaining unpaid and then to the items set forth in subparagraph (c) of <br />this paragraph FIFTH in the order therein stated. <br /> <br />(c) After paying the items specified in subparagraph (b) of this paragraph fIFTH, if the sale <br />is by Trustee, or the proper court and 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 below to the payment of: <br /> <br />(1) Cost of any evidence of title procured in connection with such sale and of any <br />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 entitled thereto. <br /> <br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a <br />copy of any Notice of Sale provided for herein above be mailed to each such party at his post office <br />address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the <br />option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages <br />on real property. <br /> <br />SIXTH: Trustor specifically agrees that (a) Trustor, at is expense, will execute and deliver <br />to Beneficiary, promptly upon request, such security instruments as may be required by Beneficiary, <br />in a f()rm and substance satisfactory to Beneficiary, covering any of the property conveyed by this <br />Deed of Trust which security instruments shall be additional security for Trustor's faithful <br />performance of all of the terms, covenants and conditions of this Deed of Trust, the Note and <br />indebtedness secured hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at <br />Trustor's expense; (b) Beneficiary may, from time to time, by written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the <br />property is located and by otherwise complying with the provisions of the applicable laws of the State <br />of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder; <br />(c) although the Trustee, or his successor or successors, may be an agent ot~ or attorney for, or <br />otherwise connected with the Beneficiary, such fact shall not be construed to disqualify him to act <br />as such Trustee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale and <br />buying any part or all of the property at any sale hereunder; (d) that if it should be necessary or <br />appropriate for the protection of the security hereby conveyed or enforcement of the debt liereby <br />secured, f(Jr the Trustee or the Beneficiary to institute or become a party to any proceeding or suit <br />in a court of bankruptcy or probate or other court of general or limited jurisdiction, all expenses and <br />costs properly incurred by said Trustee or said Beneficiary (including reasonable attorneys' fees) paid <br />or incurred by said .rrustee or Beneficiary in maintaining, prosecuting or defending such proceeding <br />or protecting their respective rights hereunder shall be an additional debt secured by this Deed of <br />Trust in like manner with the principal debt herein described; ( e) Beneficiary, or its agents, <br />representative or workmen, are authorized to enter at any reasonable time upon or in any part of the <br />property for the purpose of inspecting the same and for the purpose of performing any of the acts it <br />is authorized to perform under the terms ofthis Deed of Trust; (1) any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise afl()rded by applicable law, shall <br />not be a waiver of or preclude the exercise of any such right or remedy hereunder; similarly, the <br />waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be <br />deemed a waiver of any other or similar defaults subsequently a,ccurring: (g) extension ofthe time <br />