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<br />201506056
<br />revenues therefrom; (6) maintain the Property in a condition of maintenance and repair such that
<br />the interest of Trustee and Beneficiary are not reduced in value through waste. Failure to comply
<br />with any of the foregoing provisions shall constitute an event of default under the terms of this
<br />Trust Deed.
<br />ABANDONMENT OF THE PROPERTY BY TRUSTOR. In the event that Trustor abandons
<br />the property, or if circumstances reasonably indicate that Trustor has abandoned the Property
<br />whether or not in connection with any other event of default, Beneficiary shall have the right,
<br />following filing of Notice of Default, to enter upon the premises for the purpose of securing the
<br />same and for carrying out any other measures necessary to protect and preserve the interests of
<br />the Beneficiary in and to the Property. Trustor specifically agrees to hold Trustee and Beneficiary
<br />and their employees, servants and agents harmless for any damages unavoidably inflicted upon
<br />the Property in connection with the exercise of rights arising under this Paragraph, and hereby
<br />waives any cause of action arising therefrom.
<br />Upon payment of all sums secured by this Trust Deed, the Beneficiary shall request the
<br />Trustee, in writing to reconvey the property and shall surrender this Trust Deed and all notes
<br />evidencing indebtedness secured by this Trust Deed to the Trustee. Trustee shall reconvey the
<br />property without warranty to the person or persons legally entitled thereto; but if default be made
<br />in the payment of said Note or any part thereof or any of the interest thereon when due or in the
<br />faithful performance of any or either of said agreements as aforesaid, then the whole of said Note
<br />shall become due and be paid as hereinafter provided, and this deed shall remain in force. The
<br />Trustee or his attorney may then proceed to sell the property in its entirety or in parcels at the
<br />option of the Trustee, hereinbefore described at public auction, to the highest bidder for cash.
<br />The Power of Sale conferred upon the Trustee shall not be exercised until the Trustee
<br />shall first file for record, in the Office of the Register of Deeds of each county wherein the trust
<br />property or some part or parcel thereof is situated, a Notice of Default, identifying the Trust Deed
<br />by stating the names of the Trustor named therein and giving the Book and Page where the same
<br />is recorded, a description of the trust property, and containing a statement that a breach of an
<br />obligation for which the trust property was conveyed as security has occurred, and setting forth
<br />the nature of such breach and his election to sell or cause to be sold such property to satisfy the
<br />obligation; and after the lapse of not less than one month, the Trustee shall give notice of sale as
<br />provided by Nebraska law.
<br />After Notice of Default and lapse of not less than one month, the Trustee shall give
<br />written notice of the time and place of sale particularly describing the Property to be sold by
<br />publication of such notice, at least five times, once a week for five consecutive weeks, the last
<br />publication to be at least 10 days but not more than 30 days prior to the sale, in some newspaper
<br />having general circulation in each county in which the property to be sold, or some part thereof is
<br />situated.
<br />Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the
<br />property sold to the purchaser or purchasers thereof and any statement or recital of fact in such
<br />deed in relation to the exercise of the Power of Sale and sale of the property described herein,
<br />including recitals concerning any mailing, personal delivery and publication and posting of notice
<br />of such sale, and the conduct of sale, shall constitute prima facie evidence of such compliance
<br />and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value and
<br />without notice. The Trustee's deed shall operate to convey to the Purchaser, without right of
<br />redemption, the Trustee's title and all right, title and claim of Trustor and his successors in
<br />interest subsequent to the execution of the Trust Deed. The Trustee shall apply the proceeds of
<br />the Trustee's sale, FIRST, to the cost and expenses of exercising the Power of Sale, and of the
<br />sale, including the payment of the Trustee's fees actually incurred, which fees shall include a
<br />reasonable attorneys fee, not to exceed $350.00; SECOND, to the payment of the obligations
<br />secured by the Trust Deed; THIRD, to the payment of junior trust deeds, mortgages or other
<br />lienholders, and the balance, if any, to the person or persons legally entitled thereto.
<br />And the Trustee covenants faithfully to perform the trust herein created. Trustee shall
<br />have no obligations under this Trust Deed other than those expressly provided for herein.
<br />BENEFICIARY may from time to time substitute a successor or successors to any
<br />Trustee named herein or acting hereunder to execute the Power of Sale under this Trust Deed.
<br />Upon such appointment and without conveyance to the successor, the latter shall be vested with
<br />all title, powers, and duties conferred upon any trustee herein named or acting hereunder. Each
<br />such substitution and appointment shall be made in accordance with the laws of the State of
<br />Nebraska applicable thereto.
<br />The waiver by the Trustee or Beneficiary of any default of Trustor under this Trust Deed shall
<br />not be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br />This Trust Deed shall be construed according to the laws of the State of Nebraska.
<br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators,
<br />executors and assigns of the parties hereto.
<br />The parties hereto request that a copy of any notice of default or notice of sale hereunder
<br />shall be mailed to the Trustor at 825 E. Sunset, Grand Island, NE 68801
<br />and to the Beneficiary at 1514 Heritage Drive, Hastings, NE 68802, by certified mail,
<br />unless either party shall be advised, in writing, of any change in address.
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