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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 � otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance • subordinate to this Deed of Trust, (b)the creation of a purchase money security interest for household appliances, (c) a transfer by •• 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 not containing an option to purchase,such action is a breach of this agreement,and Beneficiary may,at Beneficiary's option,declare 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. ZV Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer of conveyance, Beneficiary and the person to O whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary Q and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. � • 6. ACCELERATION UPON DEFAULT; REMEDIES; SALE.The failure by the Trustor to make any payment or to perform any of � the terms and conditions of the Note,or any renewals,modifications or extensions thereof,or the payment of any other indebtedness 0 secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the � Beneficiary may declare a default and may declare all sums secured hereby immediately due and payable and the same shall 0 thereupon become due and payable without presentment,demand, protest or notice of any kind.Thereafter, Beneficiary may deliver W to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shall have the 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 the Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of 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, which shall be duly filed for record by Trustee. (a) After the lapse of such time as may be required by law following the recordation of Notice of Default,and Notice of Default and Notice of Sale having been given as required by law,Trustee,without demand on Trustor,shall sell the Property in one or more parcels and in such order as Trustor may determine on the date and the time and p!ace designated in said Notice of Sale, at public auction to the highest bidder,the purchase price payable in cash in lawful money of the United States at the time of sale.The person conducting the sale may,for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale;provided, if the sale is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty,express,or implied.The recitals in the Deed of any manners or facts shall be conclusive proof of the truthfulness thereof.Any person,including without limitation Beneficiary or Trustee, may purchase at the sale. (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including, without limitation,the payment of Trustee's Fees incurred, which Trustee's Fees shall not in the aggregate exceed the foliowing amounts based upon the amount secured hereby and remaining unpaid:5 percentum on the balance thereof;and then to the items in subparagraph (c)in the order there stated. (c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if the sale is pursuant to judicial foreclosure,the proceeds of sale shall be applied in the order stated below to the payment of: (1)Attorneys fees and costs of collection; (2)Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid; (3)All obligations secured by this Trust deed; (4)The remainder,if any,to the person legally entitled thereto. 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor, at its expense,will execute and deliver to the Beneficiary, promptly upon demand, such securiry instruments as may be required by Beneficiary, in !orm and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust, which security instruments shall be additional security for Trustor's faithful performance of all the terms, covenants and conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transaction.Such instruments shall be recorded or filed at Trustor's expense. 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon 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 to perform under the terms of the Deed of Trust. 10. OPTION TO FORECLOSE. Upon the occurrence of any breach and upon the declaration of default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 12. TRUSTOR NOT RELEASED. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in ir�terest.ofTrustor shaA�ot op,erate to release,in any manner,the liability of the original Trustor and Trustor's successor in interes�^ B.en�ficisry shali�not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amorti�ation of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's successors in interest. 13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may,from time to time 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 of the terms of any such obligations, (iii)grant other indulgences, (iv)release or reconvey,or cause to be released or reconveyed at 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 obligation herein mentioned, (vi) make compositions or other arrangements with debtors in relation thereto. All Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or any trustor as herein stated. 14. ATTORNEY FEES,COSTS AND EXPENSES. If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed notwithstanding,the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give; any confession of judgment, power of attorney to confess judgment,power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the costs of collection or the attorneys'fees, unless the interest 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 two or more equal or unequal installments and over a period of more than one hundred forty-five (145)months. Provided, however, that this section does not apply to the trustee fee referred to in Paragraph 6.6(b). Provided further that this Paragraph B.14 shall not ; apply to this Deed of Trust,if the Beneficiary herein is not a bank. ORIGINAL(1)� e,.�e-..o�„ ..„e.,_,..__,._ f� e..es.....�s....s..... ,�„-,�.,..,,.