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<br />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
<br />person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be
<br />completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and
<br />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
<br />of Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee shall execute and deliver to the
<br />purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express, or implied. The recitals in the
<br />Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation
<br />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 payments of Trustee's Fees incurred,
<br />which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amount secured hereby and remaining
<br />unpaid: 5 percent on the balance thereof, and then to the items set forth in subparagraph (c) hereof in the order therein 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 below to the
<br />payment of:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
<br />(2) Attorney's fees;
<br />(3) All sums then secured hereby;
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />(5) The remainder, if any, to the person or persons legally entitled thereto.
<br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other
<br />section of this deed notwithstanding, the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or
<br />give; any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial
<br />proceeding or agreement to pay the costs of collection or the attorney's fees, unless such acts of collection would not otherwise be
<br />prohibited by Nebraska law. Provided, however, that this section does not apply to the Trustee fee referred to in paragraph 6(b).
<br />Provided further, that this paragraph shall not apply to this Deed of Trust, if the Beneficiary is not a bank.
<br />13. 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 any
<br />of the Property conveyed by this Deed of Trust, which security instruments shall be additional security for Trustor's faithful
<br />performance of all of 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 />14. 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 />15. 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 />16. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this
<br />Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br />17. Forbearance by Beneficiary or Trustee Not a Waiver. Any forbearance by Beneficiary or Trustee in exercising any right
<br />or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
<br />remedy. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be
<br />a waiver of any other or similar defaults subsequently occurring.
<br />18. 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 amortization of the sums secured by this Deed of Trust by reason
<br />of any demand made by the original Trustor and Trustor's successor in interest.
<br />19. Beneficiary's Powers. Without affecting the liability of the Trustor or any other person liable for the payment of any
<br />obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then
<br />or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without
<br />notice, (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other
<br />indulgences, (iv) release or re- convey, or cause to be released or reconveyed at any time at Beneficiary's options any parcel, portion or
<br />all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions
<br />or other arrangements with debtors in relation thereto.
<br />20. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and
<br />upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's
<br />fees. Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property
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