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201109063
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Last modified
12/5/2011 9:21:24 AM
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12/5/2011 9:21:23 AM
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DEEDS
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201109063
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20110946� <br />(c) After paying the items specified in subparagraph (b) of <br />this paragraph FIFTH, if the sale is by Trustee, or the proper <br />court and other costs of foreclosure and sale if sale is <br />pursuant to judicial foreclosure, the proceeds of sale shall <br />be applied in the order stated below to the payment: <br />(1) Cost of any evidence of title procured in connection <br />with such sale and of any revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons <br />legally entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a <br />copy of any Notice of Default and a copy of any Notice of Sale <br />provided for hereinabove be mailed to each such party at the <br />party's post office address set forth herein. Upon the occurrence <br />of any default hereunder, Beneficiary shall have the option to <br />foreclose this Deed of Trust in the manner provided by law for the <br />foreclosure of mortgages on real property. <br />SIXTH. Trustor specifically agrees that (a) Trustor, at its <br />expense, will execute and deliver to Beneficiary, promptly upon <br />request, such security instruments as may be required by Beneficia- <br />ry, in a form and substance satisfactory to Beneficiary, covering <br />any of the Property conveyed by this Deed of Trust which security <br />instruments shall be additional security for Trustor's faithful <br />performance of all of the terms, covenants and conditions of this <br />Deed of Trust, the Note and indebtedness secured hereby, and any <br />other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instru- <br />ments shall be filed and recorded at Trustor's expense; (b) <br />Beneficiary may, from time to time, by written instrument executed <br />and acknowledged by Beneficiary, mailed to Trustor and recorded in <br />the county or counties in which the Property is located and by <br />otherwise complying with the provisions of the applicable laws of <br />the State of Nebraska, substitute a successor or successors to the <br />Trustee named herein or acting hereunder; (c) although the Trustee, <br />or Trustee's successor or successors, may be an agent of, or <br />attorney for, or otherwise connected with the Beneficiary, such <br />fact shall not be construed to disqualify Trustee to act as such <br />Trustee, nor shall such fact prevent the Trustee or Beneficiary <br />from bidding at a sale and buying any part or all of the Property <br />at any sale hereunder; (d) that if it should be necessary or <br />appropriate for the protection of the security hereby conveyed or <br />enforcement of the debt hereby secured, for the Trustee or the <br />Beneficiary to institute or become a party to any proceeding or <br />suit in a court of bankruptcy or probate or other court of general <br />or limited jurisdiction, all expenses and costs properly incurred <br />by said Trustee or said Beneficiary (including reasonable <br />attorneys' fees) paid or incurred by such Trustee or Beneficiary in <br />maintaining, prosecuting or defending such proceeding or protecting <br />their respective rights hereunder shall be an additional debt <br />secured by this Deed of Trust in like manner with the principal <br />debt herein described; (e) Beneficiary, or its agents, representa- <br />tives or workmen, are authorized to enter at any reasonable time <br />upon or in any part of the Property for the purpose of inspecting <br />the same and for the purpose of performing any of the acts it is <br />authorized to perform under the terms of this Deed of Trust; (f) <br />any forbearance by Beneficiary or Trustee in exercising any right <br />or remedy hereunder, or otherwise afforded by applicable law, shall <br />not be a waiver of or preclude the exercise of any such right or <br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee <br />of any default of Trustor under this Deed of Trust shall not be <br />deemed a waiver of any other or similar defaults subsequently <br />occurring; (g) extension of the time for payment or modification or <br />amortization of the sums secured by this Deed of Trust granted by <br />Beneficiary to any successor in interest of Trustor shall not <br />operate to release, in any manner the liability of the original <br />Trustor and Trustor's successor in interest. Beneficiary shall not <br />be required to commence proceedings against such successor or <br />
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