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200500259 <br />any part thereof situated in the State of Nebraska at public auction to the highest bidder for cash, <br />with or without having taken possession of same. Any such sale (including notice thereof) shall <br />comply with the applicable requirements, at the time of sale, of Sections 76 -1006 through 76- <br />1011, inclusive, of the Nebraska Trust Deeds Act, if and to the extent such statute is not then in <br />force, with the applicable requirements, if any, governing sales of Nebraska real property under <br />powers of sale conferred by deeds of trust. Any sale made by Trustee hereunder may be as an <br />entirety or in such parcels as Secured Party may request, and any sale may be adjourned by <br />announcement at the time and place appointed for such sale without further notice except as may <br />be required by law. The sale by Trustee of less than the whole of the Mortgaged Property shall <br />not exhaust the power of sale herein granted, and Trustee is specifically empowered to make <br />successive sale or sales under such power until the whole of the Mortgaged Property shall be <br />sold; and, if the proceeds of such sale of less than the whole of the Mortgaged Property shall be <br />less than the aggregate of the secured indebtedness and the expense of executing this trust as <br />provided herein, this Deed of Trust and the lien hereof shall remain in full force and effect as to <br />the unsold portion of the Mortgaged Property just as though no sale had been made; provided, <br />however, that Debtor shall never have any right to require the sale of less than the whole of the <br />Mortgaged Property but Secured Party shall have the right, at its sole election, to request Trustee <br />to sell less than the whole of the Mortgaged Property. After each sale, and upon payment of the <br />purchase price, the Trustee shall execute and deliver his deed to the purchaser or purchasers at <br />such sale, conveying to the purchaser or purchasers the Trustee's title and all right, title, interest <br />and claim of the Debtor in and to the Mortgaged Property so sold. The proceeds of said sale or <br />sales shall be applied as herein provided. Payment of the purchase price to Trustee shall satisfy <br />the obligation of purchaser at such sale therefor, and such purchaser shall not be responsible for <br />the application thereof. The power of sale granted herein shall not be exhausted by any sale held <br />hereunder by Trustee or his or her substitute or successor, and such power of sale may be <br />exercised from time to time and as many times as Secured Party may deem necessary until all of <br />the Mortgaged Property has been duly sold and all secured indebtedness has been fully paid. In <br />the event any sale hereunder is not completed or is defective in the opinion of Secured Party, <br />such sale shall not exhaust the power of sale hereunder and Secured Party shall have the right to <br />cause a subsequent sale or sales to be made hereunder. Any and all statements of fact or other <br />recitals made in any deed or deeds given by Trustee or any successor or substitute appointed <br />hereunder as to nonpayment of the secured indebtedness, or as to the occurrence of any Default, <br />or as to Secured Party having declared all of such indebtedness to be due and payable, or as to <br />the request to sell, or as to notice of time, place and terms of sale and of the properties to be sold <br />having been duly given, or as to the refusal, failure or inability to act of Trustee or any substitute <br />or successor, or as to the appointment of any substitute or successor trustee, or as to any other act <br />or thing having been duly done by Secured Party or by such Trustee, substitute or successor, <br />shall be taken as prima facie evidence of the truth of the facts so stated and recited. Trustee or <br />his or her successor or substitute may appoint or delegate any one or more persons as agent to <br />perform any act or acts necessary or incident to any sale held by Trustee, including the posting of <br />notices and the conduct of sale, but in the name and on behalf of Trustee or his or her successor <br />or substitute. <br />(d) This instrument shall be effective as a mortgage as well as a deed of trust <br />and upon the occurrence of a Default may be foreclosed as to any of the Mortgaged Property in <br />any manner permitted by the laws of the State of Nebraska or of any other state in which any part <br />of the Mortgaged Property is situated, and any foreclosure suit may be brought by Trustee or by <br />Secured Party. In the event a foreclosure hereunder shall be commenced by Trustee or his or her <br />DEED OF TRUST— Page 10 <br />