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<br />89--o 100136
<br />11, Acceleration Upon Defoultt Ruatllat Sale. Upon default by Trustor in the payment of or performanxe of the terms and conditions of
<br />the Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness securedhereby or in the performance
<br />of any of the convertants or agreements hereunder. Beneficiary may declare all sums secured hereby immediately due and poyable and the some
<br />stall thereupon became due and payable without presentment, denxxxi, protest or notice of any kind. Thereafter. Beneficiary may deliver to
<br />Trustee a written declxation of default acrd demand for sole. Trustee shall have the power of sate of the Property and if Beneficiary decides the
<br />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
<br />secured hereby, and droll deliver to Trustee a written notice of default and election to rouse the Property to be sold, and Trustee, in turn, shall
<br />prepare a similar notice in the form required by low which shall be duly filed for record by Trustee.
<br />(a) After the fopse of such tine as may be required by low following the recordation of Notice of Default, and Notice of Default and Notice of
<br />Sole having been given as required by low, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order
<br />as Trustor may determine on the date and at the time and place designated in said Notice of Sale. at public auction to the highest bidder, the pur-
<br />chase 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
<br />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
<br />by public declaration thereof by such person at the time and place lost 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 some manner as the original Notice of Sole.
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any conversant or warranty, express, or
<br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, inelvding without
<br />limitation Trustee. may purchase of the sole,
<br />(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
<br />exercising the power of sole and of the sole. including, without limitation. the payment of Trustee's Fees incurred. which Trustee's Fees shall hot
<br />in the aggregote exceed the following anounts based upon the amount secured hereby and remaining. unpaid: 5 percentum on the balance
<br />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 ather costs of foreclosure and sale
<br />if the sale is pursuant to judicial foreclosure, the proceeds of sole shall be applied in the order stated below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with such sole and of any revenue required to be paid;
<br />(2) Attorneys fees,
<br />(3) All sums then secured hereby;
<br />(4) Junior, trust deeds, mortgages, or other lienholders. and .
<br />IS) "The remainder, if any, to the person or persons legacy emitted thereto.
<br />IQ If the Beneficiary of this Deed of Trust is a bank as.defined by Nebraska low, any statement contained in any other section of this deed
<br />notwithstanding. the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession of judg-
<br />ment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the costs
<br />of collection of the attorneys' fees. unless such acts of collection would not otherwise be prohibited by Nebraska law. Provided, however, that
<br />this section does not apply to the Trustee fee referred to in paragraph 6 (b). Provided f urther, that this paragraph shall not apply to this Deed of
<br />Trust. if the Beneficiary is not o bank.
<br />12. Additional Security instruments. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such securi-
<br />ty instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by
<br />this Deed of Trust- which security instruments. shall be additional security for Trustor's faithful performance of all' of the terms, covenants and
<br />conditi -eas of this Deed of Trust, the promissory notes secured hereby, and any other. security instruments executed in connection with this tran-
<br />soe am. Such instruments shall ber4coHed air filed of Trust is expense.
<br />T3. Appointment of Success or "Trustee. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />6eneficiory, mailed to Trustor and recorded ism the county or counties in which the Property is located and by otherwise complying with the provi-
<br />sransof the applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />. M, Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter. at any reasonable time upon or in any part
<br />of ifie Property for the purpose of inspecting the some and for the purpose of performing any of the acts it is authroized to perform under the
<br />terms of the Deed of Trust.
<br />IS. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall hove the option to foreclose this Deed of Trust in
<br />the manner provided by law for the foreclosure of mortgages on real property.
<br />1 &. Forebearenee by Benerwittvy Not o Waiver. Any forebearance by Beneficiary 7 exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of ony' ruth right or remedy. likewise, the waiver by Beneficiary of
<br />any default of Trustor under this Deed of Trust stmT not be deemed to be o waiver of any other or similar defaults subsequently occurring.
<br />17. Troster Net Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any monner, the liability of the original Trustor and
<br />Trustoe's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of ray demand rrde by the original Trustor and
<br />Trustoe's successor iminterest.
<br />18. Benotieiery"s Powers. Without affecting_the liab :tiff of the Trumfty or,any other person liable fOr,the Payment of Gc j Q+ Zfgation herein
<br />mentioned, and without affecting the lien or charge of ttus Deed of Trust upon 'any portion of the Property not r[:en or theretofore released os
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to tii.1 a and without notice, iD rgteose any person so liable, (ii)
<br />extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, CN) release or reconvey, or cause to be
<br />released or reconveyed of any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional
<br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />14. Future Advwces. Upon request of Trustor, Trustee at Trustee's option, prior to reconveyance of the Property to Trustor, may make
<br />futtite Vu'votices to Trustor. Such future advances, with interest thereon, shall be secured by this T *;s:2 Deed when evidenced by promissory
<br />notes stating that said notes ore secured hereby; provided that at no time shall the secured principal` fcsLre advances- not ircfuding sums ad-
<br />vanced ftArovecc She security, exceed on aggregate principal amount of $ —
<br />20. Reconvoyance by Trustee. Upon written request of Beneficiary stating that oil sums secured hereby have been paid, and upon surrender
<br />of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees. Trustee shall
<br />reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The
<br />recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may
<br />be described as "the person or persons legally entitled thereto".
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