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86--o 1049541 1
<br />bidder for cash and shall deliver 116 such purchaser a deed to the property sold;-,
<br />consis tent with the law in effect at the time.
<br />Upon receipt of payment of thepri-ce bid, Trustee shall deliver, to the purchaser"
<br />Trustee's deed conveying the property sold. Recitals in the Trustee's deed shali
<br />be prima fac �a evidence of tt,2 truth of the statements made therein. Trustee shall
<br />apply order.- :(a) to all reasonable. costs
<br />Y_ the proceeds of the sale in the followi
<br />and expenses of the sale, including but not limited to, Trustee's fees of no' more
<br />than S % of the gross sale price, reasonable attorney fees an Costs
<br />d of title
<br />evidence; b) to all sums secured by this Deed of Trust;'-and (c) the excess, if any
<br />to the person or persons legally entitled thereto. Any person, inclpdiog 6enefjciary,
<br />may purchase said property at said sale.
<br />The person 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, in every such
<br />case
<br />notice of postponement shall be given by, public declaratidn thereof by
<br />H
<br />person at the time and place last appointed for the sale* provided, if the sale is
<br />'day beyond the date designated In the
<br />postponed for longer, than one notice
<br />sale, notice thereof shall be given in the same manner: as the, original notice of
<br />sale.
<br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of diem, shall.
<br />be entitled to enforce payment and performance of any indebtedness or Obligation
<br />secured hereby, and to exercise all rights and -. powers under this Deed of Trust or
<br />, :
<br />under any loan instrument or other agreement or any laws now or hereafte r en forced
<br />notwithstanding some, or all of the indebtedness and obligations secured- hereby which
<br />may now or hereafter be otherwise secured-, whether by mortgage, deed of trust, pledge,
<br />lien,. the assignTient or otherwise. Ne; ther V acceptance of this Deed of Trust nor
<br />its enforcement, whether by co_,;rt action or pursuant to the power of gale 0Z other
<br />powers herein contained, Snalll prejudice Cr in any manner affect I rUsteeS Or llei!E�
<br />after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary;
<br />and each of them, shall be entitled to enforce this Deed of Trust and any other S'ecukr_
<br />ity now or hereafter held by t1lie Beneficiary or Trustee in such-orrder and , Mal-Mr:
<br />as I- they, 11 or e I ither: of them, Zzy in 1 their absolute T discretiran detevnine. No: reMedy ,
<br />'r . intended to'be exclu-
<br />herein conferred upon or reserved to ustee or Beneficiary is
<br />give of: any other remedy herein or by law provided or permitted,' but each shall be
<br />latiLVe and shall be in addition to every other remedy given r flow
<br />CuMu r i e, i hereunde c r
<br />or ' hereafter existing at. law -.or in eqNity or -,by statute. Every power or - remdy givery
<br />oy any 'of the loan instruments to Trustee or Bene, iiciary or to which.either of, thethere
<br />may be otherwise entitled may be exercised, concurrently or independently, from tiJime
<br />to time and as often as may be deemed expedient by Trustee or Beneficiary, and either,4 —
<br />nc-
<br />of them may, pursue - ansistent refriedies. NOthing herein, shall be Construed as pzohd-
<br />biting Beneficiary from eeking a clef iclenty judf,,ment against Trustor to -the extent
<br />such action is permitted ty law.
<br />14. Reauest for Notice. -Trustor hereby requests a copy of any notica of defau"t
<br />and that any notice of sale hereunder be me.- led to Trust or o at the address set forth,
<br />in the first par , agraph of this Deed of Trust.
<br />15. Appointment of Successor Trustee. Beneficiary may, from 11-i-e tG t
<br />me
<br />by written instrument executed. and acknowledgeed by Beneficiary, mailed to Tfustjr,
<br />and recorded in the County in which the property is located and by otherwise .�.crrplylng
<br />with the proviSions of the applicable law of the State of Nebraska, substituta a
<br />successor -or- successors to the
<br />F-amed h o
<br />erein r act! ng hereunder.
<br />16. Successors and Assigns.
<br />his Deed o;" Trust apPlles to and ae= o the
<br />benefit of and b-nds all parties nereto, ',-ZeiX ,ejrS, le
<br />_qat=es, e;a .4 ea.5,
<br />representatives, successors and assigns. The tertit "Beneficiary" St li -,ea n t;'Ie Caner
<br />and holder of thextate, L, -, thp_r or not r o as 'hlerein.
<br />17. , Beneficiary's Powers. lWitliout affecting the I iabil -1 ty cf anv io-!:er oersor.
<br />liable for the payment bf,any herein abliigatJon men"oned,
<br />A - — end, nq
<br />the lien or charge of this Deed of Trust upon, any I - partic,
<br />I -1 of the property the,J
<br />or theretofore released as, security for the full payment of all uripa-ld cbligtations,
<br />Beneficiary may, from time to time and without natice:
<br />(a) ielea!;e any persons so liaole;
<br />t) extend the :. :aturity : ajt:er mvl €
<br />Such _IbIlgat-i4on;
<br />
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