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1984
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84000718
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Last modified
11/18/2008 4:38:35 PM
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11/18/2008 4:38:02 PM
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DEEDS
Inst Number
84000718
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<br />84 --- r~aa~ls <br />(e) Filing, as to Borrower or Trustor, of a petition, voluntarily <br />or involuntarily, for relief under the $ankruptey Code, 11 <br />U.S.C. Sections 101 through 151326, or under any other fedtral <br />or state law relating to or providing for ttit° co~poation <br />discharge or adjustment of rights or debts; or tht appbiatKn2, <br />or the application for appointment, of a custodian; rteeiver'or <br />truster for Borrowtr or Trustor ox for any property of Borrower <br />or Trustor; or an assignment by Borrower os Trustor for the <br />benefit of creditors; or any adjudication by any state cr <br />federal court of competent jurisdiction that Borrowtr or <br />Trustor is insolvent; or Borrower or Trustor shall generally <br />not be paying its debts as such debts become due <br />(f) Trustor shall sill, transfer or lease for a term of more than <br />one year (or shall agree to sell, transfer or so lease), vol- <br />untarily or involuntarily, all or any part of the Property, or <br />any interest therein. <br />For purposes of this paragraph 14, "Borrower" means the borrower(s) identified at the <br />beginning of this Trust Deed or any one of borrowers if there be more than one. <br />15. Acceleration of Debt• Foreclosure. Upon the occurrence of any Event of <br />Default, or at any time thereafter until such Event of Default is cured to the writ- <br />ten satisfaction of Lender, Lender may, at its option, exercise one or more of the <br />following rights and remedies and any other rights and remedies available to it <br />{a) Accelerate the maturity of the Indebtedness, declare the In- <br />debtedness to be immediately due and payable, and exercise any <br />and all other rights and powers granted to the holder of the <br />Note in the event of a default; <br />(b) Exercise all rights and remedies provided under the Nebraska <br />Trust Deeds Act to the holder, beneficiary and/or trustee of a <br />trust deed containiug a power of sale; and <br />{c) Exercise the power of sale herein contained, or proceed to <br />bring an action at Iaw an the Indebtedness, or prnceed to <br />foreclose this Trust Deed in the manner provided by law for the <br />foreclosure of mortgages on real property. <br />If foreclosure is elected, this Trust Deed may thereupon be foreclosed <br />immediately and without any prior notice or demand. All costs and expenses incurred <br />by Lender in enforcing any right under this Trust Deed, including, without Iimita- <br />tian, abstract or title fees, appraisal fees, premiums for title insurance, attorney <br />fees and court costs, shall be and constitute indebtedness secured by this Trust <br />Detd, shall be included in the amount adjudged due under this Trust Deed in any <br />foreclosure decree and shall bear interest at the rate then applicable under the Note <br />from the dale incurred. <br />If exercise of the power of sale is elected, Trustee shall record a notice <br />of default in each county in which the Property or some part thereof is located and <br />shall mail copies of such notice in the manner provided bp, and to those persons <br />entitled to receive such notice under, applicable law. After the lapse of one month <br />from the date of recording of such notice of default, or such lesser period of time <br />as may thin be required under applicable law, Trustee shall give public notice of <br />sale to the persons an3 in the manner prescribed by applicable law and thereupon may <br />sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale, in one or more parcels, and in such <br />order as Trustee may determine. Trustee may postpone sale of all or any parcel of. <br />the Property by public announcement at the time and place of any previously scheduled <br />sale.. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall. deliver to the <br />pnrchssex a Trustee`s deed conveying the Property sold. The recitals in the Trus- <br />tee's deed shall be prima facie evidence of the truth of the statements made therein <br />said shalt operate as conclusive evidence in favor of bona fide purchasers and encum- <br />brancers fox value without notice. Trustee shall apply the proceeds of sale in the <br />following order: <br />
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