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84000721
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Last modified
3/4/2012 1:46:08 PM
Creation date
11/18/2008 4:39:19 PM
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DEEDS
Inst Number
84000721
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$4 000721 <br />federal court of competent jurisdiction that Borrower 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 sell, 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 containing a power of sale; and <br />(c) Exercise the power of sale herein contained, or proceed to <br />bring an action at law on the Indebtedness, or proceed 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 limita- <br />tion, 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 />Deed, 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 date 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 by, 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 then be required under applicable Law, Trustee shall give public notice of <br />sale to the persons and 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 />purchaser 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 />and shall operate as conclusive evidence in favor of bona fide purchasers and encum- <br />braucers for value without notice. Trustee shall apply the proceeds of sale in the <br />following order: <br />(a) to the costs and expenses of exercising the power of sale and <br />of the sale, including, but not limited to, Trustee's fees of <br />not more than 1% of the gross sale price, reasonable attorney <br />fees, and costs of title evidence; <br />(b) to the Indebtedness; and <br />
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