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- 5. TRANSFER OF THE PROPERTY;ASSUMPTION. If all or any part of the property or interest therein is sold, transferred or
<br /> otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance
<br /> subordinate to this Deed of Trust, (b)the creation of a purchase money security interest for household appliances, (c)a transfer by
<br /> , devise,descent or by operation of law upon the death of a joint tenant or(d)the grant of any leasehold interest of three years or less �
<br /> not containing an option to purchase,such action is a breach of this agreement,and Beneficiary may,at Beneficiary's option,declare 0
<br /> all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee to file a notice of default. 0
<br /> : Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer of conveyance, Beneficiary and the person to 0
<br /> "`" whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary Q
<br /> and that the interest payable on the sums secured by this Deed of Trust shali be at such rate as Beneficiary shall request. 0
<br /> 6. ACCELERATION UPON DEFAULT;REMEDIES; SALE.The failure by the Trustor to make any payment 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 indebtedness �
<br /> _ secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the M'�
<br /> Beneficiary may declare a default and may declare all sums secured hereby immediately due and payable and the same shall
<br /> thereupon become due and payable without presentment,demand, protest or notice of any kind.Thereafter, Beneficiary may deliver
<br /> to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shall have the
<br /> power of sale of the Property and if 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 /> default 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 filed for record by Trustee.
<br /> (a) After the lapse of such time as may be required by law following the recordation of Notice of Default,and Notice of Default
<br /> and Notice of Sale having been given as required by law,Trustee,without demand on Trustor,shall sell the Property in one
<br /> or more parcels and in such order as Trustor may determine on the date and the time and p!ace designated in said Notice
<br /> of Sale, at public suction to the highest bidder,the purchase price payable in cash in lawful money of the United States at
<br /> the time of sale.The person conducting the sale may,for any cause he or she deems expedient, postpone the sale from
<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 than
<br /> one (1) day beyond the day designated in the Notice of Sale, notice thereof shali be given in the same manner as the
<br /> original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but
<br /> without any covenant or warranty,express,or implied.The recitals in the Deed of any manners or facts shall be conclusive
<br /> proof of the truthfulness thereof.Any person,including without limitation Beneficiary or Trustee,may purchase 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 /> and expenses of exercising the power of sale and of the sale, including,without limitation,the peyment of Trustee's Fees
<br /> incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the 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 /> A
<br /> (c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of
<br /> foreciosure 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 of:
<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 any,to the person,legally entitled thereto.
<br /> 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor, at its expense,will execute and deliver to the Beneficiary, promptly upon
<br /> demand, such security instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering
<br /> any of the Property conveyed by this Deed of Trust, which security instruments shall be additional security for Trustor's faithful
<br /> performance of all the terms, covenants and conditions of this Deed of Trust, the promissory notes secured hereby, and any other
<br /> security instruments executed in connection with this transaction.Such instruments shal�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, mai�ed to Trustor and recorded in the county or counties in which the Property is located and by �
<br /> otherwise complying with the provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the �
<br /> Trustee named herein or acting hereunder.
<br /> 9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are awthorized to enter at any reasonable time upon
<br /> or in any part of the Property for the purpose of inspecting the same and 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 occurrence of any breach and upon the declaration of defauit hereunder,Beneficiary
<br /> shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br /> 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance 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 default of Trustor under this Deed of �
<br /> Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for payment.or modification or amortization of the sums secured by this
<br /> Deed of Trust granted by Beneficiary to any successor in interesY;of TtustorsilaA n'dt opArate to release,in any manner,the liability of
<br /> the original Trustor and Trustor's successor in in{e�est. Benefipiary;shqll not be required to commence proceedings against such
<br /> successor or refuse to extend time for payment o�.,a�heranrise �nodify�tn�A�ti�ation 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 of any obligation herein mentioned, and without 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, Beneficiary may,from time to time
<br /> and without notice at the request of one or more Trustors(i)release any person so liable, (ii)extend or renew the maturity or alter any
<br /> of the terms of any such obligations, (iii)grant other indulgences, (iv)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 securiry for any
<br /> obligation herein mentioned, (vi) 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 Beneficiary 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 Nebraska law,
<br /> any statement contained in any other section of this deed notwithstanding,the Beneficiary shall 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 /> appear for a borrower in a judicial proceeding or agreement to pay the costs of collection or the attorneys'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)
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