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98103058
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Last modified
3/12/2012 11:37:41 AM
Creation date
10/19/2005 5:31:05 PM
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DEEDS
Inst Number
98103058
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. 9$- i�3C��� <br /> presentment, demand, protest or notice of any kind. Thereafter Lender may: <br /> (a) Demand that Trustee exercise the POWER OF SALE granted <br /> herein, and Trustee shall thereafter cause Borrower's <br /> interest in the Property to be sold and the proceeds to be <br /> distributed, all in the manner provided in the Nebraska <br /> Trust Deeds Act; � <br /> (b) Exercise any and all rights provided for in the Note, this <br /> Deed of Trust or by law upon occurrence of any Event of <br /> Default; and <br /> (c) Commence an action to foreclose this Deed of Trust as a <br /> mortgage, appoint a receiver, or specifically enforce any of <br /> the covenants hereof. <br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended <br /> to be exclusive of any other remedy herein or by law provided or permitted, <br /> but each shall be cumulative, shall be in addition to every other remedy given : <br /> hereunder or now or hereafter existing at law or in equity or by statute, and <br /> may be exercised concurrently, independently or successively. : <br /> 11. Trustee. The Trustee may resign at any time without cause, and <br /> Lender may at any time and without cause appoint a successor or substitute <br /> Trustee. Trustee shall not be liable for any loss or damage unless due to � <br /> actionable negligence or willful misconduct, and shall not be required to take � <br /> any action in connection with the enforcement of this Deed of Trust unless ': <br /> indemnified, in writing, for all costs, compensation or expenses which may be <br /> associated therewith. In addition, Trustee may become a purchaser at any sale <br /> of the Property (judicial or under the power of sale granted herein); postpone <br /> the sale of all or any portion of the property, as provided by law; to sell <br /> the Property as a whole, or in separate parcels or lots at Trustee's <br /> discretion. <br /> 12. Fees and Expenses. In the event Trustee sells the Property by � <br /> exercise of power of sale, Trustee shall be entitled to apply any sale <br /> proceeds first to payment of all costs and expenses of exercising power of <br /> sale, including all Trustee's fees, and Lender's and Trustee's attorney's <br /> fees, actually incurred to extent permitted by applicable law. In the event <br /> Borrower exercises any right provided by law to cure an Event of Default, <br /> Lender shall be entitled to recover from Borrower all costs and expenses <br /> actually incurred as a result of Borrower's default, including without <br /> limitation all Trustee's and attorney's fees, to the extent permitted by <br /> applicable law. <br /> 13. Miscellaneous Provisions. <br /> (a) Borrower Not Released. Extension of the time for payment or <br /> - 5 - <br />
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