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84000722
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Last modified
11/18/2008 4:40:04 PM
Creation date
11/18/2008 4:39:43 PM
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DEEDS
Inst Number
84000722
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$4 --ii 0 0722 <br />U.S.C. Sections lol through 151326, or under any other federal <br />or state law relating to or providing for the composition, <br />discharge or adjustment of rights or debts; or the appointment, <br />or the application for appointment, of a custodian, receiver or <br />trustee for Borrower or Trustor or for any property of $orrower <br />or Trustor; or an assignment by $orrower or Trustor for the <br />benefit of creditors; or any adjudication by anp state or <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 [he holder of the <br />Note in the event of a default; <br />ib} Exerctse alt __ahts ..rid .,medics provided ,.rider the Nebraska <br />Trust Ueeds Act~to the holder, beneficiary and/or trustee of a <br />trust deed containing a power of sale; and <br />(cj 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 i.n 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 anp prior notice or demand. A11 costs and expenses incurred <br />by Lender i^ enforcing any right under this Trust Deed, including, without limita- <br />tion, abstract or title fees, appraisal tees, 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 they 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 oc any parcel of <br />the Froperty 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 statewents made therein <br />and shall operate as conclusive evidence in favor of bona fide purchasers and encum- <br />brancers for va}.ue without notice. Trustee shall apply the proceeds of sale in the <br />following Urder: <br />
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