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84000102
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Last modified
11/18/2008 2:15:54 PM
Creation date
11/18/2008 2:15:32 PM
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DEEDS
Inst Number
84000102
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<br />~4 --~1J00102 <br />gross sale price, reasonable attorney fees and costs of title <br />evidence; {b) to all sums secured by this Peed of Trust; and <br />(c) the excess, if any, to the person or persons legally entitled <br />thereto. Any person, including Beneficiary, may purchase said <br />property at said-sale. <br />The person conducting the sale may, far any cause he or-she <br />deems expedient, postpone the sale from time to time until it <br />shall be completed and, in every such case, notice of postpone- <br />ment shall be given by public declaration thereof by such. person <br />at the time and place last appointed for the sale; provided; if <br />the sale is postponed for longer than one- {1) day beyond-the date- <br />designated in the notice of sale, notice thereof shall be given <br />in-the same manner as the original notice of sale. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and performance <br />of any indebtedness or obligation secured hereby and to exercise <br />all rights and powers under this Peed of Trust or under-any loan <br />instrument or other agreement or any laws now or hereafter <br />enforced, notwithstanding some or all of the indebtedness and <br />obligations secured hereby which may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge,-lien, <br />assignment or otherwise. Neither the acceptance of this-Peed of <br />Trust nor its enforcement, whether by court action or pursuant to <br />the power of sale or other powers herein contained, shall preju- <br />dice or in any manner affect Trustee's ar Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by the <br />Beneficiary or Trustee in such order and manner as they, or <br />either of them, may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Beneficiary <br />is intended to he exclusive of any other remedy herein or he. law <br />provided or permitted, but each shall be cumulative and sha~1 be <br />in addition to every other remedy given hereunder or new or <br />hereafter existing at law or in equity or by statute. Every <br />power or remedy given by any of the loan instruments to Trustee <br />or Beneficiary or to which either of them may be otherwise <br />entitled may be exercised, concurrently or independently, from <br />time to time and as often as may be deemed expedient by Trustee <br />or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Bene- <br />ficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br />14. ~Re~~~~st_~for Notice. Trustor hereby requests a copy of. <br />any notice of- ~faT an~that any notice of sale hereunder be <br />mailed to Trustor at the address set forth in the first paragraph <br />of this Peed of Trust. <br />15. A ir.tment of Successor Trustee. Beneficiary may, <br />from time to time, y wratten instrument executed and acknowledged <br />by Beneficiary, mailed to Trustor and recorded in the County in <br />which the property is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska, sub- <br />stitute a successor or successors to the Trustee named. herein or <br />acting hereunder. <br />lf>. Successors and Assi ns. This Deed of Trust applies to <br />and inures to the enefit o and binds all parties hereto, their <br />heirs, legatees, devisees, personal regresentatiues, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Beneficiary herein. <br />17. Benefieiar 's Powers. Without affecting the liability <br />of any ether pexsein~e or the payment of any obligation <br />herein mentioned, and without affecting the lien or charge of <br />tAis bead of Trust upon any portion of the progertsF net then or <br />theretofore released as security for the full payment of all <br />unpaid obligations, Beneficiary may, from time to time and <br />withtsut noticex <br />-?- <br />
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