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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 />order of maturity. Several sales may be made hereunder without exhausting the right of sale for <br />any unmatured part of the secured indebtedness. <br />0) All remedies herein expressly provided for are cumulative of any and all <br />other remedies existing at law or in equity and are cumulative of any and all other remedies <br />provided for in any other instrument securing the payment of the secured indebtedness, or any <br />part thereof, or otherwise benefiting Trustee and Secured Party, and Trustee and Secured Party <br />shall, in addition to the remedies herein provided, be entitled to avail themselves of all such other <br />remedies as may now or hereafter exist at law or in equity for the collection of the secured <br />indebtedness and the enforcement of the covenants herein and the foreclosure of the liens and <br />security interests evidenced hereby, and the resort to any remedy provided for hereunder or <br />under any such other instrument or provided for by law shall not prevent the concurrent or <br />subsequent employment of any other appropriate remedy or remedies. <br />(k) Secured Party may resort to any security or guaranty given by this Deed of <br />Trust or to any other security or guaranty now existing or hereafter given to secure or guaranty <br />the payment of the secured indebtedness, in whole or in part, and in such portions and in such <br />order as may seem best to Secured Party in its sole and uncontrolled discretion, and any such <br />action shall not in anywise be considered as a waiver of any of the rights, benefits, liens or <br />security interests evidenced by this Deed of Trust. <br />(1) To the full extent Debtor may do so, Debtor agrees that Debtor will not at <br />any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in <br />force pertaining to the rights and remedies of sureties or providing for any appraisement, <br />valuation, stay, extension or redemption, and Debtor, for Debtor and Debtor's heirs, devisees, <br />representatives, successors and assigns, and for any and all persons ever claiming any interest in <br />the Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of <br />redemption, valuation, appraisement, stay of execution, notice of intention to mature or declare <br />due the whole of the secured indebtedness and all rights to a marshaling of the assets of Debtor, <br />including the Mortgaged Property, or to a sale in inverse order of alienation in the event of <br />foreclosure of the liens and security interests hereby created. Debtor shall not have or assert any <br />right under any statute or rule of law pertaining to the marshaling of assets, sale in inverse order <br />of alienation, the exemption of homestead, the administration of estates of decedents or other <br />matters whatever to defeat, reduce or affect the rights of Trustee or Secured Party under the <br />terms of this Deed of Trust to a sale of the Mortgaged Property for the collection of the secured <br />indebtedness without any prior or different resort for collection, or the rights of Trustee or <br />Secured Party under the terms of this Deed of Trust to the payment of such indebtedness out of <br />the proceeds of sale of the Mortgaged Property in preference to every other claimant whatever. <br />If the Mortgaged Property is sold for an amount less than the secured indebtedness, the <br />deficiency shall be determined by the purchase price at the sale or sales. To the extent permitted <br />by law, Debtor waives all rights and claims with respect to Secured Party's ability to obtain a <br />deficiency judgment under Section 76 -1013 of the Nebraska Trust Deeds Act. <br />(m) In the event there is a foreclosure sale hereunder and at the time of such <br />sale Debtor or Debtor's successors or assigns or any other persons claiming any interest in the <br />Mortgaged Property by, through or under Debtor are occupying or using the Mortgaged <br />Property, or any part thereof, each and all shall immediately become the tenant of the purchaser <br />at such sale, which tenancy shall be a tenancy from day -to -day, terminable at the will of either <br />DEED OF TRUST— Page 13 <br />
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