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86106740
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86106740
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Last modified
10/18/2011 9:20:14 PM
Creation date
3/31/2008 3:34:31 PM
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DEEDS
Inst Number
86106740
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86-- 106740 <br />to the purchaser its Deed conveying the Property so sold, <br />but without any covenant or warranty, express, or implied. <br />The recitals in the Deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Beneficiary or Trustee, may <br />purchase at the sale. <br />(b) When Trustee sells pursuant to the powers <br />herein, Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the power of <br />sale and of the sale, including, without limitation, the <br />payment of Trustee's Fees incurred, which Trustee's Fees <br />shall not in the aggregate exceed the following amounts <br />based upon the amount secured hereby and remaining unpaid: <br />five (5) percentum on the balance thereof; and then to the <br />items set forth in subparagraph (c) hereof in the order <br />therein stated. <br />(c) After paying the items specified in sub- <br />paragraph (b), if the sale is by Trustee, or the proper <br />court costs and other costs of foreclosure and sale if the <br />sale is pursuant to judicial foreclosure, the proceeds of <br />sale shall be applied in the order stated below to the <br />payment of: <br />(1) Cost of any evidence of title procured <br />in connection with such sale and of any Documentary Stamp <br />Tax required to be paid; <br />(2) Attorneys fees incurred in exercising <br />the power of sale; <br />(3) All obligations secured by the Deed of <br />Trust; <br />(4) Junior trust deeds, mortgages, or other <br />lienholders; and <br />(5) The remainder, if any, to the person or <br />persons legally entitled thereto. <br />13. Additional Security Instruments. Trustor, at its <br />expense, will execute and deliver to the Beneficiary, promptly <br />upon demand, such security instruments as may be required by <br />Beneficiary, in form and substance satisfactory to Beneficiary, <br />covering any of the Property conveyed by this Deed of Trust, <br />which security instruments shall be additional security for <br />Trustor's faithful performance of all of the terms, covenants <br />and conditions of this Deed of Trust, the promissory notes <br />secured hereby, and any other security instruments executed <br />in connection with this transaction. Such instruments shall <br />be recorded or filed at Trustor's expense. <br />14. Appointment of Successor Trustee. Beneficiary <br />may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded <br />in the county or counties in which the Property is located <br />and by otherwise complying with the provisions of the applicable <br />laws of the State of Nebraska substitute a successor or <br />successors to the Trustee named herein or acting hereunder. <br />15. Inspections. Beneficiary, or its agents, r.epresenta- <br />txves or workmen, are authorized to enter at any reasonable <br />time upon or in any part of the Property for the purpose of <br />inspecting the same and for the purpose of performing any of <br />the acts it is authorized to perform under the terms of the <br />Deed of Trust. <br />lb. Option to Foreclose. Upon the occurrence of any <br />default. hereunder, Beneficiary shall have the option to <br />foreclose this Deed of Trust in the manner provided by Law <br />for the foreclosure of mortgages on real property. <br />
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