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<br /> ([3) Any feilure on the part of the Truator to meet the repayment terms in respacE to the Loan Agreement end eny „
<br /> other advancea under thla Deed of Truat herbby secured; end,
<br /> (C) Any ectlon by the Trustor prohibited by the terms of the Laan Agreement or thts Deed of Truet or eny felture of
<br /> the Trustor to eat ea raqutred by the Laen Agreement or thia Deed of Truat, each of which Truetor hereby agree�
<br /> have an adverae effect on the 8eneflcle�y's aecurity for the Ilno of cr�dit esteblished end the rights of the
<br /> � Beneficiery in auch security.
<br /> and upon the happening of any such avent of defeult, Beneilciery mey declare ell suma 3ecured hereby Immedlately •�, ..,.�
<br /> �•"'` due and peyeble by deliver to Trustee of writtan declaretion of default. The Trustoe shall have the power of sele of ?.__
<br /> • ' '° the Property, end if Beneficlary desires the Property to be aold, it shall deposit with Truatee this Deed of 7rust and all r';.,±�'*�-
<br /> promissory notes end dacunyents evfdeqaing expendituros�ecured hereby end shell dellver to Trustee a written notice �"���__
<br /> of default and election to cause the Property to be sold,and the Trustee in turn shall prApare a notice in the form . .�.{:t.
<br /> • required by law, whiah shall ybe duty ffled for record�y 7rG�tee. _'�=v:-
<br /> (A) After the lapse of such ttme as mey be required by lew following the recordatian of sefd notice of defeult, end �,__
<br /> � notice of default and notice of sele havin�beon given as roquired by law, Trustee, w(thout demand on Trustor, _;-
<br /> �; I shall sell the Property on the date and et the time and plece dosi�nated in said notipe of sAla, rt public euctlon to �=
<br /> � � the highest bfddar, the purchese price pa�yebl� in Iawfui moneY �f the United States at the tima of sale. The _
<br /> � � person conducting the sale may, for any cause he dooms expedient, postpone the sele from time to time until it —__
<br /> � shall be completed and, in every such case, notice of postponement ah�ll be given by public declaratian thereof —
<br /> by such person at the time end plece last eppointed for tho sale,provided, it the sete is postponed for tonger then _____
<br /> • • � one11) day beyond the dey designated in the notice of sele,notice thereof ahall be given U the same manner as �___
<br /> the orig�nal notice of sele. Trustee shall execute and deliver to the purchaser its Deed conveying the F'roperty so �a•`�
<br /> : ;:�„� � sold, but without andy covenent or warrenry, express or implled. 7he recitals in the deed of eny metters or acts ��
<br /> shell be conclusive proof of the truthfulness thereof. Any person,Including Benoilciery, may purchese at the sele.
<br /> �'�• . (8) When Trustee sells pursuent to the powere herein, the Truatee shell epply the proceeds of the sale to payment �`°'
<br /> .� � of the costs end expenses of exercising the power of sale and of the sale, including the payment of the Trustee's �-.�__
<br /> �..._.
<br /> fees actually incurred,which Trustee's fees shall not in the eggregate exceed the followfng emount based upon --
<br /> � � the amount secured hereby and remelning unpaid; 6 percentum an the first S1,000 thereof, 1 percentum on the �..
<br /> �, balance thereof end then to tho ftems in subparagraph(C) in the order there stated.
<br /> s- (C) After paying the items specified fn subparagraph (B!ifi the sale Is by Trustee, or the proper caurt and other costs ��
<br /> i� ' of foreclosure end seie if ihn nate is pursuani ta judlcls!!�seclosuse,thg �+ror.wwclR of sale shall be applied in the order
<br /> stated to the peyment of:
<br /> (I) Cost of eny evidence of title procured fn connection with such sale end ot any revenue stempa;
<br /> • (II) All sums the oecured hereby;
<br /> (111► The remainder,lf eny, to the person tegally entitled thereto. ___
<br /> � 13. Dutiss a�d Obligations of Trust�a. (a1 The dutles and obligetions of trustee shall be determined solely by =__
<br /> the express provisfAne of thls Deed of Trust, and 7rustee shall not ba liable except for the performence of such dutles �.
<br /> and obtigatfons es are specifically aet forth herein, end no implied covenants or obligations shell be fmppaed upon
<br /> Truetee; (b) No provisions of thi$ Deed of Trust ehell requfre Trustee to oxpend or r(sk Its own tunda, or otherwise
<br /> incur eny financfel obligation in th�performance of any of Its duties hereunder,o�in the exercfse of eny of its rights
<br /> or power,if it shall heve grounds for believing thet the repayment of such funds or adequete indemnity afle(nst such
<br /> � ' rfak or Ilebility is not reasonably assured to it; (c1 Trustee may consult with counsel of its own chooafng end the edvfcp
<br /> .,� : of such counsel shall be full and complete authorizetion and protaction in the respect of any aation teken or suffared
<br /> - by it hereunder in good faith end relience thereon; (d) Trustee shatl not be liable for eny action taken by it in good feith
<br /> • and reaeonebly believed by it to be euthorized or within the dEscretion or rights end powers conferred upon it by this =_
<br /> � � Deed of Trust. ----
<br />_'�• 14. Additional S�curity Inatruments. Trustor, at its expense, will execute end deliver to the Trustee, promptly
<br /> upon demend,such security instruments ea may be requlred by Trustee,in form and substance setisfectory to Trustee, __
<br />_�- covering eny of tho Property conveyed by this Deed of Trust, which security instruments shell be edditional sscurity _
<br /> for Trustor's falthful performance of all of the terms, covenents and conditions of this Doed of Trust, tho Loan
<br />-� , Agreement,any promissory notes sacured hereby and any other security instruments executed in connection with thfs - _
<br /> � " transection. Such Instruments shetl be recorded or filed, and re-recorded and reflled, et Trustor's expense. i�:�
<br /> 16. Misc�lla�►tous. =__
<br /> �'' (A) In the event any one or more of the provisions contafned in the Deed of Trust, or the Loan �greement or eny ;___-
<br /> . h K�`^,_._
<br /> . � promissory note, or eny other security i�strument given in connection with thfs transactlon,shell for eny reeson _
<br /> � to be held to be invelid, illegal or unenforceable in any respect, such invelidity, illegalfty or unenforceability shall, �,�"•"'
<br /> ' at the option of Beneficiary, not affect eny othar provfsbn of this Deed of Trust,that this Deed of Trust shall be ';�,,'�:-
<br /> " construed es If such invalld, illegal or u�enforceable provislon had never been contafned herein or thereln. �
<br /> t (B) Thfa Deed of Trust shall be construed eccording to the laws of the Stete of Nebraska.
<br /> ' � (C) the Deed of 7rust shell Insure to and bind the heirs,legatees,devisees, administrators,exacutors, succesaors and ';•..." .
<br /> assigns of the parties h4reta �'
<br /> : (D) Trustor shall pay all taxes lev{ed upon this Deed of Trust or the debt secured hereby,together with any other texes t �'.�
<br /> . or essessments which may be levied egainst thA Trustee or Beneficiery or the tegal holder of the Loan Agreement
<br /> ' on account of the indebtedness evidence thereby. .°• �
<br /> � - ----- ._. .... � �---'- .�_..:......�... ..,�.�..►,e. etivu t.,�t���to rho nlural tha nlural. tha��InnulHr. thA use of anv aender -'-----
<br />_ �- :- —--— - � IC) Wnenaver useu ��nro���, a��o a�.�y....... .�,......,.. ...........-•--- -••-�•-•--• ...- � - - . „ . . _ ;.,..-
<br /> shall be applicable to alt genders, and the term "Beneficiary" shalt include any peyee of the indebtedness hereby '����
<br /> y secured or any trensfer thereof, whether by operation of law or otherwise.
<br /> l16. Suacassor Trustoe. Beneficiary may from time to time substitute a successor or successors to any Trustee
<br />- 1 named herein or acting hereunder to oxecute this Trust Deed. Upon such appolntmant and without conveyance to
<br /> the successor Trustee, the latter shall be vested with all title, powers and duties conferred upon any Trustee herein
<br />- ' nemed or acting hereunder. Eech such eppointment or substitution shall be made by written fnstrument by Beneficiary,
<br /> ' ' conteining reference to this Deed of Trust and its place of record, which when recorded fn the office of the Regfster
<br /> � I of Deeds of the county or countfes in which said property is situated, shali be conclusive proof of proper appo(��ment
<br />�. of the successor Trustee. The foregoin�power of substftution and the procedure therefore shall not bb►e�tc�usivb of
<br />^� 9I94 408•3
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