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200904431
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Last modified
6/5/2009 3:14:35 PM
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6/5/2009 3:14:34 PM
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DEEDS
Inst Number
200904431
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200904431 <br />Beneficiary may, at Beneficiary's option, declare all the sums secured by this Trust Deed to be <br />immediately due and payable. <br />7. REMEDIES; SALE. The failure by the Trustors, to make any payment when due or <br />to perform any of the terms and conditions of this Trust Deed, or the terms and conditions of the <br />Indemnity Agreement or any instrument securing any amount due thereunder, or any renewals, <br />modifications, or extensions thereof, or the failure to make payment of any other indebtedness, <br />prior or subsequent to this Trust Deed, and secured by the real property described herein, shall be <br />a breach and default of this Trust Deed and the Beneficiary may declare a default. Thereafter, <br />Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustors <br />agree and hereby grant that the Trustee shall have the power of sale of the Froperty and if <br />Beneficiary decides the Property is to be sold it shall deposit with Trustee this Trust Deed and <br />the instruments, notes and any other documents evidencing expenditures secured hereby, and <br />shall deliver to Trustee a written notice of default and election to cause the property to be sold, <br />and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be <br />duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the recordation of Notice <br />of Default, and Notice of Default and Notice of Sale having been given as required by law, <br />Trustee, without demand on Trustors, shall sell the Property, if not redeemed, in one or more <br />parcels and in such order as Trustee may determine on the date and the time and place designated <br />in said Notice of Sale, at public auction according to law. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the <br />sale to payment of the costs and expenses of exercising the power of sale and of the sale, <br />including, without limitation, attorney's fees and the payment of Trustee's Fees incurred, which <br />Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amount <br />secured hereby and remaining unpaid at the time scheduled for sale: 5 percentum on the balance <br />thereof; and then to the items in subparagraph (c) in the order there stated. <br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or if the sale <br />is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the following order: <br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue <br />transfer fee required to be paid; <br />(2) All obligations secured by this Trust Deed; <br />(3) Junior trust deeds, mortgages, or other lienholders; <br />(4) The remainder, if any, to the-person and/or entity legally entitled thereto. <br />S. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and <br />recorded in the county or counties in which the Property is located and by otherwise complying <br />with the provisions of the applicable laws of the State of Nebraska substitute a successor or <br />successors to the Trustee named herein or acting hereunder. <br />9. INSPECTIONS. Beneficiary, or its agents, representatives or employees, are <br />authorized to enter at any reasonable time upon or in any part of the Property for the purpose of <br />inspecting the same and for the purpose of performing any of the acts it is authorized to perform <br />under the terms of the Trust Deed. <br />10. OPTION TO FORECLOSE OR POSSESS. Upon the occurrence of any breach <br />and upon the declaration of default hereunder, Beneficiary shall have the option to foreclose this <br />Trust Deed in the manner provided by law for the foreclosure of mortgages on real property. It <br />4 <br />
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