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<br /> (d) A writ of executive or attuchment of nny similar process shall be entered against Trustor which shall become a lien on the Property,or any
<br /> ,. porlion thereof or inl,erest therein and auch execution,attachment or aimilur process of judgment is not released,bonded,satisfied,vacut-
<br /> ed or sluyed wilhin ninety(90)days aRer ils entry or levy:or
<br /> (e) There has occurred a breach of or default under any term,covenant,agreement,condition,provision,representation or warranty contnined
<br /> herein or in any of the documents evidencing Obligationa aecured by this Deed of Trust;or
<br /> (f/ Trustor fnils,to perform any terms,conditiona,covenante,or agreements which are part of other than thia Deed of Trust any document or
<br /> agreement which secures ssll or any part of the Obligationa.
<br /> 9. Cundemnation. If title to any part of the Property shall be taken in condemnation proceedings, by right of eminent domain or similar
<br /> action,or shall be sold under threat of condemnation,all awards,damages and proceeds are hereby assigned and ahall be paid to Beneficiary who
<br /> shall apply such awards,damages and proceeds to the sums aecured by this Deed of Trust, with the excess,if any, paid to Trustor. If Trustor �
<br /> receives any notice or other information regarding such actions or proceedings,Truator ahall give prompt written notice thereof to Beneficiary. �
<br /> Beneficiary shall be entitled, nt ita option,to commence, appear in and prosecuto in ita own name any auch action or proceedinga and shall be �
<br /> entitled lo muke any compromise or settlement in connection with any euch action or proceedings.
<br /> 10. Accelerution;Remedies;Power of Sale. Upon an avent of default Uy Truator,as defined in Paragraphs 8 and 22 herein,Beneficiary may �
<br /> declare all sums secured hereby immediately due and payable by delivery to Trustee of a written declaration of default.THE TRUSTEE SHALL
<br /> HAVE THG POWER OF SALE OF THE PROPERTY and if Beneficiary desirea the Property to be aold,it shall depoait with Truatee this Deed of w
<br /> Trust, t,he Not,�s, and all other promissory notes and documents evidencing Obligationa secured hereby, end shall deliver to Trustee a written �
<br /> notice of defnult and election to cauae the Property to be sold,and the Truatee in turn shall prepare a aimilar Notice in the form required by law,
<br /> which shall be duly filed for record by 1�uatee. w
<br /> (a) After the lapse of auch time as may be required by law following the recordntion oCsaid notice of default,and notice of defuult and nolice of �
<br /> snle hnving been given na required by law,Trustee,without demnnd on Trustor,ahnll sell the Property on the date und at the time and
<br /> pluce deaignnted in anid notice of sale,nt public auction to the highest bidder,the purchase price payable in lawful money of the United
<br /> Sl,ales at the I.ime of salo.The person conducting the salo may, for any cause he deems expedient; poatpone the sale from time to time
<br /> unl.il it shull be completed.und,in every such case,notice of poatponement shall be given by public declaration thereof by auah person at
<br /> lhe Lime and place last appointed for the sale;provided,if the sale is poatponed for longer than one(1)day beyond the day designated in
<br /> the notice of sale,notice thereof shall be given in the same munner as the original notice of sale.Trustee shall execute and deliver to the
<br /> purchaser his Deed conveying the Property sold,but without any covenant or warranty,express,or implied.The recitals in the Deed oC
<br /> any matters or facts shnll be conclusive proof of the truthfulness thereof.Any peraon,including Beneficiary,may purchase at the sale.
<br /> (b) When Trustee sella pursuant to the powera herein,the Trustee shall apply the proceeds of the sale to payment of the costs and expenses oC
<br /> exercising the power of sale and of the sale,incli�ding but not limited to,the puyment of the Trustee a feea actually incurred,and then to
<br /> the items in subparagraph(c)in the order there atated.
<br /> (c) A(ler pnying the items apecified in subparagraph(b)if the sale is by Trustee,or atter payment of proper court osts if the sale is pursuant
<br /> to judicial foreclosure,the proceeds of sale ahall be applied in the order stated below:
<br /> (i) Cost of any evidence of title procured in connection with auch sale and of any revenue stamps;
<br /> (ii) Attorney fees nnd costs of collection;
<br /> (iii) All sums Lhen secured by this Deed of Trust;
<br /> (iv) Junior truat deed$,mortgages,or other lienholdera;
<br /> (v) The remainder,if any,to the person legally entitled thereto. •
<br /> 11. Duties and Obli.gationa of Trustee. (n)The dutiea and obligations of Truatee shall be determined solely by the express provisions of this
<br /> Deed of Trust and Trustee ahnll not be liable excopt for the perCormance of auch duties and obli�ationa as are specificully aet forth herein,and no
<br /> implied covent►nts or obligaLions shall be imposed upon Trustee; (b)No proviaion oCthis Deed of Trust ahall require Trustee to expend or risk its
<br /> own Cunds,or otherwise incur any financial obligation in tha performance of any of its duties hereunder,or in the exerciae ot any of its right or
<br /> powe�s,if it ahall have grounda for believing thut the repayment of such funds or adequnte lndemnity againat such risk or liability ia not reason-
<br /> nbly nssured to it; (c)Trustee may consult with counsel of ite own choosing and the advice of auch counsel shall be full and complete authoriza-
<br /> lion and prolection in the respect of any action Laken or auffered by it in good faith and reliance thereon; (d)Trustee shall not be liable fnr any
<br /> nction traken by it in good faith nnd reasonably believed by it to be suthorized or within the discretion or rights or powers conferred upon it by this
<br /> llced of'frust; (e)Trustee shnll not be rcaponsible Cor the payment of any unpaid taxes on the Property due and owing at the time of the sale of
<br /> all or nny pnrt of the Property pursuant to the procedures in Paragraph 10.
<br /> 12. Additional Security Instruments. Trustor,at its expense,will execute and deliver to the Trustee,promptly upon demand,auch security
<br /> instruments as mAy be required by Trustee,in form and aubstance satiafactory to Trustee,covering any of the Property conveyed by thia Deed of
<br /> Trust,which security instrumenta shall be additionpl security for Trustor'a faithful performance of all of the terms,covenants,and conditiona of
<br /> this Dced of Trusl,lhe Note and any and ull other documenta evidencing the Obligations secured hereby,and any other security instruments exe-
<br /> cuLed in connection witl�lhis t,ransacLion.Such instruments shall be recorded or filed,and re-recorded and refiled,at Trustor's expense.
<br /> 13. Successor Trustee. Beneficiary may from time to time appoint u successor to any Trustee named herein pursuant to the applicable provi-
<br /> sions of Nebraska luw.Upon such appointment,the successor shall be vested with all title,powera and dutiea conferred upon Trustee herein.
<br /> 14. Inspections. Benefciary,or its agenta,repreaentativea or workmen,are authorized to enter at any reasonable time upon all or in any purt
<br /> of the Property for the purpose of inapecting the eame and for the purpoae of perfarming any of the acts it ia authorized to perform under the
<br /> terms of the Deed of Trust.
<br /> 15. Forbeurunce by Beneflciary or Trustee Not a Waiver.•Any forbearance by Beneficiary or Trustee in exercising any right or remedy
<br /> hereunder,or otherwise a(1'orded by applicable law,shall not be a waiver of or preeluds the exercise of any right or remedy hereunder.Likewiae,
<br /> the wniver by Beneficiury or Truatee of any deCault of Trustor under this Deed of Trust shall nmt be deemed to be a waiver of any other or similar
<br /> defaults subsequently occurring, ,
<br /> 16.Trustor Not Released. Extension of the time for pnyment or rrmodification or•amortization of the sums aecured by this Deed of Trust grant-
<br /> ed by Beneficiary to any successor in intereat of Trustor shall not operate to release, in any manner, the liability of the original Trustor or
<br /> Trust,or's successor in interest.IIeneficiary shall not be required to commence proceedinga against auch auccessor or refuse to extend time for ppy-
<br /> ment or otherwise modify amortizotion of the sums secured by this Deed of Trust by reason of any demund mnde by the original Trustor nnd
<br /> Trustor's successors in interest.
<br /> 17. Beneficinry's Right to Cure. If there shall be a defnult under this Deed of Trust or under any prior mortgage or deed of trust, the
<br /> ]3e�eficiary may cure auch defaul�The amounts advanced by,and other costs and exp.ensea of the IIeneficiary in curing such default,with inter•
<br /> est(from the date of disbursement at the rate payable from time to time on outatanding principal on tho Note unlesa pnyment of interest nL auch
<br /> rute would be contrary to npplicable law,in which event such amounts shall bear interest at the higheat rate authorized by applicable law)shall
<br /> be udded to the indebtednesa secured by this Deed of Trust and mny be collected hereunder at Any time a.tter the time of such advances or pay-
<br /> ments nnd shnll be deemed to be secured thereby.
<br /> 18. Oplion to Foreclose ns Mort�age. Upon the occurance of any default hereund.ex,B.eneficiary ahall have the option to foreclose this Deed
<br /> of Trust in the manner provided by law for the forecloaure of mortgagea on real property.
<br /> 19. Trustor's Riglits,Absent Defuult. Until any default as defined herein,the Truator,its auccessars and aeaigns,shall possess and enjoy the
<br /> Property.Upon pnyment of ull suma secured by this Deed of Trust,Benef ciary shall request Trustee to reconvey the property and ahall surrender
<br /> Lliis Deed of Trust and the Note,and all.other documents evidencing indebtedness secured by this Deed of Truat to Trustee.Trustee ehall recon-
<br /> vey lhe property without warranty und without churge to the peraone legally entitlecl thsreto.The grantee in any reconveyance may be described
<br /> as"lhe person or persons entiLled Lhereto,"and the recitals therein of any mattera or facts ahall be concl.usive proof oC the truthfulneas thereof.
<br /> Such person or persons shall pay qll coata of recording,if any.
<br /> 20. I3eneCclary's Powera. Without ntfecting or releasing the liability of the Truator or any other peraon linble for the payment of any
<br /> Obligations herein mentioned,and without at'fecting the lien charge of this Deed oCTrust upon any pnrtion of the Property not then or theretofore
<br /> releused as security for the fup amount of all unpaid Obligationa,Beneficiary may,from time to time and without notice at the request of one or
<br /> more Trustors (i)release any per�on so liable, (ii)extend or renew the maturity or alter any of the terms of any auch ob�igations, (iii)grant other
<br /> indulgences, (iv)release or reconvey,or cause to be released or reconveyed at any time at Beneficiary's option any parcel or all oC the Property,
<br /> (v) take or relense any olher or additional security for any obligation herein mentioned, (vi) make compoaitiona or other arrangements with
<br /> deblors in relation Lhereto.All Trusl.ors shall be jointly and severally obligated and bound by the actions of the Deneficiary or any one or more
<br /> Trustor as stated in this paragraph.
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