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87103276
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87103276
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Last modified
10/19/2011 8:03:52 AM
Creation date
3/27/2008 2:22:43 PM
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DEEDS
Inst Number
87103276
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I <br />87-103276 <br />1-4 11 <br />W1-- 009.1168 <br />vtrh 1—d inn. Irrrrfi,-in r•: .hull not h• v,hl� in ..rr 1,.. - ..n f— t•m <br />cult. coon or nneeoliet-tiun of any renti, income, issues or profits, for <br />the failtrrw to assert or enforce any of the fore"ing rihhts, nor shall <br />Beneficiary be charged with any of the duties and obligation of a <br />mortgagee in possession. The entering upon and taking possession of <br />such property, the collection of such rents, income, issues or profits, <br />the doing of other acts herein authorized, and the application thereof as <br />aforesaid, shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done pursuant to such notice. <br />14. Judicial Foreclosure or Trustee's Sale on Default- Upon <br />default by Trustor to payment o any indebtedness secure Fe- <br />e or in <br />performance of any agreement hereunder, or any agreement secured <br />hereby. Beneficiary may declare all sums secured hereby immediately due <br />and payable and. at the option of the Beneficiary, this Deed of Trust <br />may be foreclosed in the manner provided by law for the foreclosure of <br />mortgages on real property; or may be sold In the manner provided In <br />the Nebraska Trust Deeds Act under the power of sale conferred upon <br />'-- - the Trustee hereunder. <br />In the event that the property is sold pursuant to the power of <br />sale conferred upon the Trustee hereunder, the Trustee shall cause to <br />be filed of record a written notice of default and election to sell such <br />property. After the lapse of such time as then may be required by law <br />following recordation of such notice of default, and notice of sale having <br />been given as then required by law, Trustee, without demand on <br />Trustor, shall sell such property• either as a whole or in separate <br />parcels, and in such order as it or Beneficiary may determine at public <br />auction to the highest bidder. Trustee may postpone the sale of all or <br />any portion of such property by public announcement at the time and <br />place of sale• and from time to time thereafter may postpone the sale by <br />public announcement at the time and place fixed by the preceding <br />postponement. Trustee shell deliver to such purchaser its deed <br />conveying the property so sold, but without any covenant or warranty. <br />express or implied. The recital in such deed of any matters of fact or <br />otherwise shall be conclusive proof of the truthfulness thereof. Any <br />person. including Trustor. Trustee or Beneficiary, may purchase at <br />such sale. Trustee may also sell at any such sale and as part thereof <br />any shares of corporate stock securing the obligation secured hereby. <br />and Trustor waives demand and notice of such sale. (Beneficiary at its <br />option may also foreclose on such shares by independent pledge sale. <br />and Trustor waives demand and notice of such sale.) The Trustee shall <br />apply the proceeds of the Trustee's sale, first, to the costs and <br />expenses of exercising the power of sale and of the sale, including the <br />payment of Trustee's feet actually incurred, not to exceed five percent <br />of the principal balance unpaid at the time of recording the notice of <br />default• second, to the payment of the obligation secured by this trust <br />deed, third• to the .payment of junior trust deeds. mortgages or other <br />liens, and the balance, it any, to the person or persons legally entitled <br />thereto. <br />Upon any default under this Deed of Trust or any note secured <br />hereby and following any acceleration of maturity of the indebtedness <br />secured hereby. a tender of payment of the amount necessary to satisfy <br />the entire indebtedness secured hereby, made at any time prior to a <br />foreclosure sale, whether under the power of sale contained herein or <br />pursuant to judicial foreclosure proceedings, shall constitute an evasion <br />of the payment terms of the Note secured hereby and shall be deemed a <br />voluntary prepayment of the indebtedness; and any such payment, to <br />the extent permitted by law, must, therefore• include a premium <br />required under the prepayment privilege, if any, contained in any note <br />— Iren hereby; or, if at that time there shall be no privilege of <br />prepayment, then such payment• to the extent permitted by law, will <br />.-:'We a premium for much prepayment of five percent of the then <br />princtpml balance. <br />Pet- --O rroperty- This Deed of Trust is also intended to <br />ee -..r !•• -r n .-r• � r.I Tractor does hereby grant to Deneficiary• a <br />---ty inter•�c' ! Any An,! nll of such property which is personal <br />property nw.er hyn Tr,,tnr And nor+ or hereafter located on or used in <br />-a- <br />a <br />l.— <br />R <br />
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