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84006252
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11/21/2008 12:03:16 AM
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DEEDS
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84006252
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<br />r <br /> <br />84.- 006252 <br /> <br />sale. Trustee shall deliver to such purchaser or purchasers thereof <br />its good and sufficient deed or deeds conveying the property so sold, <br />but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including, without <br />limitation, Trustor, Trustee or Beneficiary, may purchase at such <br />sale and Trustor herebv covenants to warrant and defend the title of <br />such purchaser or purchasers. <br /> <br />(b) As may be permitted by 1810'1, after deducting all costs,fees <br />and expenses of Trustee and of this Trust, including costs of evi- <br />dence of title in connection with sale, Trustee shall a.pplythe <br />proceeds of sale to payment of (i) all sums expended under the terms <br />hereof, not then repaid, with accrued interest at the highest legal <br />rate in the State of Nebraska, (ii) all other sums the-n secured "her:e~ <br />by, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br /> <br />(c) l'rustee may in the manner provided by law, postpone sale. of <br />all or any portion of the Trust Estate. <br /> <br />12. REMEDIES NOT EXSLUSIV:;:, ~ste' and Beneficiary, and each <br />of them, shall be entitle.! to-en[._::,ce payment and performance of any <br />indebtedness Or obligations secured hereby and to exercise all rights <br />and powers under this Deed of Trust or under any Loan Instrument or <br />other agreement or any laws now or hereafter in force, notwithstand~ <br />ing some or all of the such indebtedness and obligations secured here- <br />by may now or hereafter be otherwise secured, whether by mortgage, <br />deed of trust, pledge, lien, assignment, or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court <br />action or pursuant to the power of sale or other powers herein con- <br />tained, shall prejudice or in any manner affect Trustee's or Bene- <br />ficiary's right to realize upon or enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to en- <br />force this Deed of Trust and any other security now or hereafter held <br />by Beneficiary or Trustee in such order and manner as they or either <br />of them may in their absolute discretion determine. No remedy herein <br />conferred u?on or reserved to Trustee or Beneficiary is intended to <br />be exclusive of any other remedy herein or by law provided or per- <br />mitted, but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing at <br />law or in equity or by statute. Every power or remedy given by any of <br />the Loan Instruments to Trustee or Beneficiary or to which either of <br />them may be otherwise entitled, may be exercised, concurrently or <br />independently from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as p.rohibit- <br />ing Beneficiary from seeking a deficiency judgment against the <br />Trustor to the extent such action is permitted by law. <br /> <br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any <br />notice of default and that any notice of sale be mailed to it at the <br />address set forth in the first paragraph of this Deed of Trust. <br /> <br />L <br /> <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the <br />laws of the State of Nebraska. In the event that any provision or <br />clause of any of the Loan Instruments conflicts with applicable laws, <br />such conflicts shall not affect other provisions of such Loan Instru- <br />ments which can be given effect without the conflicting provision, <br />and to this end the provisions of the Loan Instruments are declared <br />to be severable. This instrument cannot be waived, changed, dis- <br />charged, or terminated orally, but only by an instrument in writing <br />signed by the party against whom enforcement of any waiver, change, <br />discharge or termination is sought. <br /> <br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Bene- <br />ficiary stating that irr'S-i:iiii'S"se-cured hereby have been paid, and upon <br /> <br />..4- <br />
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