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<br />200808197
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<br />(a) After the lapse of such time as may be required by law following
<br />the recordation of Notice of Default, and notice of Default and Notice
<br />of Sale having been given as required by law, Trustee, without demand on
<br />Trustor, shall sell the Property hereinbefore described, and any and
<br />every part thereof, in separate parcels or en masse as the Trustee may
<br />elect and in such order as Trustee may determine on the date and at the
<br />time and place designated in said Notice of Sale, at public auction to
<br />the highest bidder, the purchase price payable in cash in lawful money
<br />of the United States at the time of sale. The person conducting the
<br />sale may, for any cause he or she deems expedient, postpone the sale
<br />from time to time until it shall be completed and, in every such case,
<br />notice of postponement shall be given by public declaration thereof by
<br />such person at the time and place last appointed for the sale; provided,
<br />if the sale is postponed for longer than one (1) day beyond the day
<br />designated in the Notice of Sale, notice thereof shall be given in the
<br />same manner as the original Notice of sale. Trustee shall execute and
<br />deliver to the purchaser its Deed conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in
<br />the Deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including without limitation,
<br />Beneficiary or Trustee may purchase at the sale. Said sale shall be
<br />conducted at the real estate forming a part of the Property or at the
<br />court house in the county in which the Property to be sold, or some part
<br />thereof, is situated.
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<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall
<br />apply the proceeds of the sale to payment of the costs and expenses of
<br />exercising the power of sale and of the sale, including, without
<br />limitation, the payment of Trustee's fees incurred, which Trustee's fees
<br />shall not in the aggregate exceed the sum of Five Hundred and no/lOOth
<br />Dollars ($500.00) plus 1/2 of 1% of the amount secured hereby and
<br />remaining unpaid and then to the items set forth in subparagraph (c) of
<br />this paragraph FIFTH in the order therein stated.
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<br />(c) After paying the items specified in subparagraph (b) of this
<br />paragraph FIFTH, if the sale is by Trustee, or the proper court and
<br />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
<br />below to the payment:
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<br />(1) Cost of any evidence of title procured in connection with such
<br />sale and of any revenue required to be paid;
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<br />(2) All sums then secured hereby;
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<br />(3) The remainder, if any, to the person or persons legally
<br />entitled thereto.
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<br />Each of the parties to this Deed of Trust hereby requests that a copy of any
<br />Notice of Default and a copy of any Notice of Sale provided for hereinabove
<br />be mailed to each such party at the party's post office address set forth
<br />herein. Upon the occurrence of any default hereunder, Beneficiary shall have
<br />the option to foreclose this Deed of Trust in the manner provided by law for
<br />the foreclosure of mortgages on real property.
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<br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense,
<br />will execute and deliver to Beneficiary, promptly upon request, such security
<br />instruments as may be required by Beneficiary, in a form and substance
<br />satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust which security instruments shall be additional security for
<br />Trustor's faithful performance of all of the terms, covenants and conditions
<br />of this Deed of Trust, the Note and indebtedness secured hereby, and any
<br />other security instruments executed in connection with the indebtedness
<br />secured by this Deed of Trust; and all such instruments shall be filed and
<br />recorded at Trustor's expense; (b) Beneficiary may, from time to time, by
<br />written instrument executed and acknowledged by Beneficiary, mailed to
<br />Trustor and recorded in the county or counties in which the Property is
<br />located and by otherwise complying with the provisions of the applicable laws
<br />of the State of Nebraska, substitute a successor or successors to the Trustee
<br />named herein or acting hereunder; (c) although the Trustee, or Trustee's
<br />successor or successors, may be an agent of, or attorney for, or otherwise
<br />connected with the Beneficiary, such fact shall not be construed to
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