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200500259
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Last modified
10/17/2011 1:03:16 AM
Creation date
10/18/2005 3:05:35 PM
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DEEDS
Inst Number
200500259
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200500259 <br />FIFTH, the remainder, if any, shall be paid to Debtor or other party legally <br />entitled thereto. <br />(g) Secured Party shall have the right to become the purchaser at any sale held <br />by any Trustee or substitute or successor or by any receiver or public officer, and Secured Party <br />purchasing at such sale shall have the right to credit upon the amount of the bid made therefor, to <br />the extent necessary to satisfy such bid, the secured indebtedness owing to Secured Party. <br />(h) <br />(i) Upon the occurrence of a Default, Secured Party may exercise its <br />rights of enforcement with respect to the personal property under the Nebraska Uniform <br />Commercial Code, as amended, and in conjunction with, in addition to or in substitution <br />for those rights and remedies, and all rights and remedies granted to Secured Party under <br />any Loan Documents executed by Debtor governing security interests in personal <br />property of Debtor; <br />(ii) any sale made pursuant to the provisions of this Section 5.1(h) <br />shall be deemed to have been a public sale conducted in a commercially reasonable <br />manner if held contemporaneously with the sale of the Mortgaged Property under power <br />of sale as provided herein upon giving the same notice with respect to the sale of the <br />personal property hereunder as is required for such sale of the Mortgaged Property under <br />power of sale; and <br />(iii) any and all statements of fact or other recitals made in any bill of <br />sale or assignment or other instrument evidencing any foreclosure sale hereunder as to <br />nonpayment of the secured indebtedness, or as to the occurrence of any Default, or as to <br />Secured Party having declared all of such indebtedness to be due and payable, or as to <br />notice of time, place and terms of sale and of the properties to be sold having been duly <br />given, or as to any other act or thing having been duly done by Secured Party, shall be <br />taken as prima facie evidence of the truth of the facts so stated and recited; and <br />(iv) Secured Party may appoint or delegate any one or more persons as <br />agent to perform any act or acts necessary or incident to any sale held by Secured Party, <br />including the sending of notices and the conduct of the sale, but in the name and on <br />behalf of Secured Party. <br />(i) In the event of a default in the payment of any part of the secured <br />indebtedness, Secured Party shall have the right to proceed with foreclosure of the liens and <br />security interests evidenced hereby without declaring the entire secured indebtedness due, and in <br />such event any such foreclosure sale may be made subject to the unmatured part of the secured <br />indebtedness; and any such sale shall not in any manner affect the unmatured part of the secured <br />indebtedness, but as to such unmatured part this Deed of Trust shall remain in full force and <br />effect just as though no sale had been made. The proceeds of any such sale shall be applied as <br />provided in Section 5.1(f) of this Deed of Trust except that the amount paid under subparagraph <br />second thereof shall be only the matured portion of the secured indebtedness and any proceeds of <br />such sale in excess of those provided for in subparagraphs first and second (modified as provided <br />above) shall be applied to installments of principal of and interest on the Notes in the inverse <br />DEED OF TRUST— Page 12 <br />
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