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201000151
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Last modified
1/7/2010 4:56:18 PM
Creation date
1/7/2010 4:51:49 PM
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DEEDS
Inst Number
201000151
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2oioooisi <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 nnay require. <br />(i) Upon receipt of such notice from Beneficiary, Trustee shall cause the Trustee's <br />interest in the Mortgaged Property to be sold, and the proceeds distributed, all in <br />the manner provided by the Nebraska Trust Deeds Act (the "Act"), and shall <br />cause to be recorded, published and delivered to Borrower such notice of default <br />and notice of sale as may then be required by law and by this Security Instrument. <br />Trustee shall, without demand on Borrower, after lapse of such time as may then <br />be required by law and after recordation of such notice of default and after notice <br />of sale has been given as required by law, sell the Mortgaged Property at the time <br />and place of sale fixed by it in said notice of sale, either as a whole or in separate <br />lots or parcels or items as Trustee shall deem expedient, and in such order as it <br />may determine, at public auction to the highest bidder for cash in lawful money of <br />the United States payable at the time of sale. Trustee shall deliver to the <br />purchaser or purchasers at such sale its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or warranty, express ar <br />implied, from the Trustee. The recitals in such deed of any matters or facts shall <br />be conclusive proof of the truthfulness thereof. Any person, including, without <br />limitation, Trustee or Lender, may purchase at such sale, and Borrower hereby <br />covenants to warrant and defend the title of such purchaser ar purchasers. <br />(ii) As may be permitted by law, after deducting all costs, fees, and expenses of <br />Trustee and of this trust, including costs of evidence of title in connection with the <br />sale, Trustee shall apply the proceeds of the sale to payment, in the following <br />order, of (w) the costs and expenses of exercising the power of sale and of the <br />sale; (x) the Debt and all other sums then secured hereby; (y) junior trust deeds, <br />mortgages, or other lienholders; and (z) the balance, if any, to the person or <br />persons legally entitled thereto. <br />(iii) Trustee may postpone the sale of all or any portion of the Mortgaged Property <br />from time to time in accordance with the Act. <br />(d) Request 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 ar 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 />NOTICE <br />A credit agreement must be in writing to be enforceable under the laws of the State of Nebraska. <br />To protect you and us from any misunderstandings or disappointments, any contract, promise, <br />-64- <br />15445229.4.BUSWESS <br />
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