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200902394
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4/2/2009 8:36:38 AM
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DEEDS
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200902394
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<br />SEILER & PARKER <br />P.c., L.L.O. <br />LAW OFFICES <br />726 EAST SIDE BLVD. <br />P.O. BOX 1288 <br />HASTINGS, NE 68902 <br />(402) 463-3125 <br /> <br />200902394 <br /> <br />the United States payable at the time of sale. Trustee shall deliver to such purchaser <br />or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such <br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at <br />such sale and Trustor hereby covenants to warrant and defend the title of such <br />purchaser or purchasers. <br /> <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of <br />Trustee and of this Trust, including costs of evidence of title in connection with sale, <br />Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the <br />terms hereof, not then repaid, with accrued interest at Five Percent (5%) per annum, <br />(ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or <br />persons legally entitled thereto. <br /> <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any <br />portion of the Trust Estate. <br /> <br />14. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary and each of them <br />shall be entitled to enforce payment and performance of any indebtedness or <br />obligations secured hereby and to exercise all rights and powers under this Deed of <br />Trust or under any Loan Instrument or other agreement or any laws now or hereafter in <br />force, notwithstanding that some or all of such indebtedness and obligations secured <br />hereby may now or hereafter be otherwise secured, whether by mortgage, deed of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of <br />Trust nor its enforcement whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of <br />them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Beneficiary or Trustee in such orc:ler and manner as they or either of <br />them may in their absolute discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing at law or in <br />equity or by statute. Every power or remedy given by any of the Loan Instruments to <br />Trustee or Beneficiary or to which either of them may be otherwise entitled may be <br />exercised, concurrently or independently, from time to time and as often as may be <br />deemed expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary <br />from seeking a defiCiency judgment against the Trustor to the extent such action is <br />permitted by law. <br /> <br />15. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br />default and that any notice of sale hereunder be mailed to it at the address set forth in <br />the first paragraph ofthis Deed of Trust. <br /> <br />16. GOVE R NING lAW. This Deed of Trust shall be governed by the laws of <br />the State of Nebraska. In the event that any provision or clause of any of the Loan <br />Instruments conflicts with applicable laws, such cont/icts shall not affect other <br />provisions of such Loan Instruments which can be given effect without the conflicting <br />
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