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<br /> 5. TRANSFER OF THE PROPERTY;ASSUMPTION. If all or any part of the property or interest therein i�sold,transfarrad or
<br /> � othervvise conveyed by Trustor without Beneficinry's prior written consent, excluding (a) the creation of A lien or encumbrancw
<br /> subordinnte to thia Deed of Trust, (b)the creation of a purchase money security interest for household applinnces, (c)s transfer by
<br /> ' devise,descent or by operation of law upon the death of a joint tenant or(d)the grent of any leasehold interest of three years or less
<br /> a not containing an option to purchase,such action is a breach of this ngreement,nnd Beneficiary may,et Beneficiary's option,declere
<br /> all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustse to file a notice of defauft.
<br /> :.: Beneficiary shnll hnve waived such option to accelerate if, prior to the sele,trnnsfer of conveyance, Benaficiary and the porson to
<br /> whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Benaficiary
<br /> and thnt the interest peyeble on the sums secured by this Deed of Trust shall be at such rate as Bene�iciary shall roquost.
<br /> ' 6. ACCELERATION UPON DEFAULT;REMEDIES;SALE.The failure by the Trustor to make any pnymant or to perform any of
<br /> • the terms and conditions of the Note,or any renewals,modifications or extensions thereof,or the payment of any other indebtedn�ess
<br /> �- secured hereby or in the performance of any of the covenants or agreements hereunder shall be e broech of this agraement and the
<br /> -.' Beneficiery may declare a defauk and may declare all sums secured hereby immediately due and peyabla and the se►ma shall
<br /> thereupon become due and payable without presentment,demand, protest or notice of any kind.Thereafter,Beneficiery mey deliver
<br /> to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shrsll have the
<br /> power of sale of the Property and ff Beneficiary decides the Property is to be sold it shall deposit with Trustee this Deed of Trust and
<br /> the Note or notes and any other documents evidencing expenditures secured hereby,and shall deliver to Trustee a written notice of
<br /> defauR and election to cause the Property to be sold, and Trustee, in turn,shall prepare a similar notice in the form required by law,
<br /> which shall be duly�led for record by Trustee. :
<br /> (a) After the lapse of such time as may be required by law following the recordetion of Notice of DefauR,and Notice of Defauft
<br /> and Notice of Sale having been given as required by law,Trustee,without demand on Trustor,shall sell the Propetty in one
<br /> or more percels and in such order as Trustor may determine on the date and the time and p!ace dasiflnated in said Notice
<br /> of Sale,at public auction to the highest bidder,the purchase price payable in cash in dawful money of the Unded States t�t
<br /> the time of sale.The person conducting the sale may,for any cause he or she deems expedient, postpona the sale trom
<br /> time to time until it shall be completed and,in every such case,notice of postponement shall be given by public declaration
<br /> thereof by such person at the time and place last appointed for the sale;provided,if the sale is postponed for longer thnn
<br /> one (1) day beyond the day designnted in the Notice of Sale, notice thereof shell be givan in tha sam� mnnnor as the
<br /> original Notice of Sale. Trustee shall execute nnd deliver to the purchaser its Deed conveying the Property so sold, but
<br /> wkhout any covenent or warranry,express,or implied.The recitals in the Deed of any manners or facts ahall be conclusive
<br /> proof of the truthfulness thereof.Any person,including wkhout limitation Beneficiary or Trustee,may purchass at the sale.
<br /> (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the costs
<br /> end expenses of exercising the power of sale and of the sale, including,without limitation,the paymont of Trustee's Fees
<br /> incurred, which Trustee's Fess shall not in the aggregate exceed the following amounts bnsed upon tho amount secured
<br /> hereby and remaining unpaid:5 percentum on the balance thereof;and then to the items in subparagraph(c)in the order
<br /> there stated.
<br /> (c) After paying the items specified in subparagraph (b), 'rf the sale is by Trustee, or the proper court end other costs of
<br /> foreclosure and sale if the sale is pursuant to judicial foreclosure,the proceeds of sale shall be applied in the order stated
<br /> below to the payment ofi
<br /> (1)Attorneys fees and costs of collection;
<br /> (2)Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
<br /> (3)All obligations secured by this Trust deed;
<br /> (4)The remainder,.if eny,to the person legally entitled thereto.
<br /> 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor, at its expense,will execute and deliver to the Beneficinry,promptly upon
<br /> demand, such security instruments ns may be required by Beneficiary, in form and substance sntisfactory to Beneficiary, covering
<br /> any of the Property conveyed by this Deed of Trust, which security instruments shall be edditional security for Trustor's fnithful
<br /> performance of all the terms, covenants and conditions of this Deed of Trust,the promissory notes secured hereby,and eny other
<br /> security instruments executed in connection with this transaction.Such instruments shall be recorded or filed at Trustor's expense.
<br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is bcated and by
<br /> otherwise complying with the provisions of the applicabla laws of the State of Nebraska substitute e succossor or succassors to the
<br /> Truetee named herein or acting hereunder.
<br /> 9. INSPECTIONS. Beneficiary,or its agents, representatives or workmen,are authorized to enter at any reasonable time upon
<br /> or in any part of the Property for the purpose of inspecting the same end for the purpose of performing any of the acts it is authorized
<br /> to perform under the terms of the Deed of Trust. :
<br /> 10. OPTION TO FORECLOSE. Upon the oxurrence of any breach and upon the declaration of defauft heraunder,Beneficiary
<br /> shall have the option to foreclose this Deed of Trust in the manner provided by law for the toreclosure of mortgr►ges on real property.
<br /> 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebenrance by Beneficiary or Trustee in
<br /> exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise :
<br /> of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any defauft of Trustor under this Deed of
<br /> Trust shall not be deemed to be a waiver of any other or similer defaufts subsequently occurring.
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for p�yment o�modificetio.n;or�mortization of the sums secured by this
<br /> Deed of Trust granted by Beneficiary to any successor in interest of Trustor�shaU not operate to release,in any manner,the liability of
<br /> the original Truetor and Trustor's successor in interest. Ber�q�oiary shaY.rlot b�,r�uiFed to commence proceedings against such
<br /> successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by :
<br /> reason of any demand made by the original Trustor and Trustor's successors in interest. :
<br /> 13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the :
<br /> payment oi any obligation herein mentioned, and wfthout affecting the lien or charge of this Deed of Trust upon Any portion of the
<br /> Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneflciary may,from time to time
<br /> and without notice et the request of one or more Trustors O release eny person so liable,(ii)extend or renew the maturity or alter any :
<br /> of the terms of any such obligations, (ii)grant other indulgences, (v)release or reconvey,or cause to be released or reconveyed at
<br /> any time at Beneficiary's options any parcel, portion or all of the Property, (v)take or release any other or additional security for any
<br /> obligation herein mentioned, (v) make compositions or other arrangements with debtors in relation thereto. All Trustors shall be
<br /> jointly and severally obligated and bound by the actions of the Beneficinry or any trustor as herein stated.
<br /> 14. ATTORNEY FEES,COSTS AND EXPENSES. If the Beneficiary of this Deed of Trust is a bank as defined by Nebreska law,
<br /> any statement contained in any other section of this deed notwithstanding,the Beneficiary shell not be entitled to receive or take and
<br /> debtor shall not be obligated to pay or give;any confession of judgment,power of attorney to confess judgment,power of attorney to
<br /> appeer for a borrower in r�judicial proceeding or agreement to pay the costs of collection or the attomeys'fees, unless the interest
<br /> payable by the terms of the Note referred to in this deed is 16%per annum or less,or the note referred to in this deed is repayable in
<br /> two or more equal or unequal installments and over a period of more than one hundred forty-five(145)months. Provided,however,
<br /> that this section does not apply to the trustee fee referred to in Paragraph B.6(b).Provided further that this Paragraph B.14 shall not :
<br /> apply to this Deed of Trust,ff the Beneficiary herein is not a bank. :
<br /> ORIGINAL(1) �
<br /> 807671 REV.t t-fl8 Nobraska BORROWER COPY(1) oo752C.o4
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