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<br />5. TRANSFER OF THE PROPERTY; ASSUMPTION, If all or any part of the property or t t t ansferred 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
<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.
<br />Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer of conveyance, Beneficiary and the person to
<br />whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary
<br />and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<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
<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 auction 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 shall 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 payment 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 />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and 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 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 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 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 authorized 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 default 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 interest of Trustor shall not operate to release, in any manner, the liability of
<br />the original Trustor and Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such
<br />successor or refuse to extend time for payment or otherwise modify arh'ortliation of the,;suUis secured by this Deed of Trust by
<br />reason of any demand made by the original Trustor and Trustor's successors iri'hritefest:;
<br />13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the'Irustor 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 security 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, if the Beneficiary herein is not a bank,
<br />RIGINAL (1)
<br />007671 REV. 11 98 Nebraska I I Irtnoonwome-novi-n I
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