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20~oooi47 <br />(c) Trustee's Sale. Should Lender elect to foreclose by exercise of the power of sale <br />contained herein, Lender shall notify Trustee and shall, if required, deposit with <br />Trustee any of the Note, the original or a certified copy of this Security <br />Instrument, and such other documents, receipts and evidences of expenditures <br />made and secured hereby as Trustee may require. <br />(i) Upon receipt of such notice from Beneficiary, Trustee shall cause the <br />Trustee's interest in ,the Mortgaged Property to be sold, and the proceeds <br />distributed, all in the manner provided by the Nebraska Trust Deeds Act <br />(the "Act"), and shall cause to be recorded, published and delivered to <br />Borrower such notice of default and notice of sale as may then be required <br />by law and by this Security Instrument. Trustee shall, without demand on <br />Borrower, after lapse of such time as may then be required by law and <br />after recordation of such notice of default and after notice of sale has been <br />given as required by law, sell the Mortgaged Property at the time and <br />place of sale fixed by it in said notice of sale, either as a whole or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in <br />such order as it may determine, at public auction to the highest bidder for <br />cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to the purchaser or purchasers at such sale its good <br />and sufficient deed or deeds conveying the property so sold, but without <br />any covenant or warranty,' express or implied, from the Trustee. The <br />recitals in such deed of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. Any person, including, without limitation, <br />Trustee or Lender, may purchase at such sale, and Borrower hereby <br />covenants to warrant and defend the title of such purchaser or purchasers. <br />(ii) As may be permitted by law, after deducting all costs, fees, and expenses <br />of Trustee and of this trust, including costs of evidence of title in <br />connection with the sale, Trustee shall apply the proceeds of the sale to <br />payment, in the following order, of (w) the costs and expenses of <br />exercising the power of sale and of the sale; (x) the Debt and all other <br />sums then secured hereby; (y) junior trust deeds, mortgages, or other <br />lienholders; and (z) the balance, if any, to the person or persons legally <br />entitled thereto. <br />(iii) Trustee may postpone the sale of all or any portion of the Mortgaged <br />Property firom time to time in accordance with the Act. <br />(d) Re uest of Notice. The parties hereto request a copy of any notice of default or <br />notice of sale hereunder be mailed to them at the address set forth in the first <br />paragraph of this Security Instrument. <br />(e) Security Interest in Rents. This Security Instrument shall constitute a security <br />interest in the Lease, the Other Leases and the Rents, including all future or after <br />arising rents and leases, and shall secure the Debt, all as provided in Section 52, <br />Article 17, Reissue Revised Statutes of Nebraska (2004). <br />-64- <br />