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20�0�7�21 <br />sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be <br />completed and, in every such case, notice of postponement shall be given by public declaration thereof by <br />such person at the time and place last appointed for the sale; pxovided, if the sale is postponed for longer <br />than ane (1) day beyond the day designated in the Notice of Sale, notice thereaf shall be given in the same <br />manner as the original Notic� of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying <br />the praperty so sold, but without any cavenant or warranty, express or implied. The recitals in the Deed of <br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without <br />limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real estate <br />forming a part of the Property or at the court house in the county in which the Property to be sald, ar some <br />part thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds af the sale to <br />payment of th� costs and expenses of exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed the <br />sum of Five Hundred Dollars ($5�0.00) plus 1/2 of 1% of the aznount secured hereby and remaining unpaid <br />and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order ther�in stated. <br />(c) After paying the items speci�'ied in subparagraph (b) of this paragraph FIFTH, if the sale is by <br />Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, <br />the proceeds of sale shall be applied in the order stated belaw ta the payment af: <br />(1) Cost of any evidence of title procured in connection with such sale and af any revenue <br />required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally entitled thereto. <br />Each ofthe parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of <br />any Notice of Sale pravided for hereinabave be mailed to each such party at the parties post office address <br />set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the optian to <br />foreclose this Deed of Trust in the manner provided by law for the foreclasure af rnortgages on real property. <br />STXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to <br />Beneficiary, prornptly upon request, such security instruments as may be required by Beneficiary, in a form <br />and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which <br />security instruments shall be additional security far Trustar's faithful performance of all of the terms, <br />covenants and conditions of this Deed of Trust, the Note and indebtedness secured hereby, and aany other <br />security instruments executed in cannection with the indebtedness secured by this Deed of Trust; and all <br />such instruments shall be filed and recorded at trustor's expense; (b) Beneficiary may, fram time to time, <br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the <br />county or counties in which the 1'roperty is located and by otherwise complying with the provisions of the <br />applicable laws of the State af Nebraska, substitute a successor or successors to the Trustee named herein <br />or acting hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent of, or <br />attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to disqualify <br />Trustee to act as such Trustee, nor shall such fact prevent the Trustee ar Beneficiary from bidding at a sale <br />arid buying any part or all of the Property at any sale hereunder; (d) that if it shauld be necessary or <br />appropriate for the protection af the security hereby conveyed or enforcement of the debt hereby secured, <br />fox the trustee or the Beneficiary to institute or become a party t� any proceeding or suit in a court af <br />bankruptcy ar probate ar other court of ger�eral or limited jurisdiction, all expenses and costs properly <br />incurred by said Trustee or said Beneficiary (includin� reasonable attomey's fees) paid or incurred by such <br />Trustee or Bene�ciary in maintaining, prosecuting or defending such proceeding or protecting their <br />respective rights hereunder shall be an additional debt secured by this Deed of Trust in like manner with the <br />principal debt herein described; (e) Beneficiary, or its agents, representatives or workmen, are authorized <br />to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and <br />for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of <br />Trust; (� any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver af ar preclude the �xercise of any such right or <br />remedy hereunder; similarly, the waiver by Beneficiary or Tz of any default of Trustor under this Deed <br />of Trust shall not be deemed a waiver afany other or similar defaults subsequently accurring; (g) extension <br />Page 4 of 6 <br />