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<br />89-�- 1.00372
<br />11. Aculimlen Upon Default; Itemsdleie; Sale. Upon default by Trustor in the payment of or performance of the terms and conditions of
<br />the Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance
<br />of any of the convenonts or ogreementn harounder. Beneficiary may declare all sums secured hereby immediately due and payable and the some
<br />shop thereupon become due and payobltr without presentment. demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to
<br />Trustee o written declaration of defoull and demand for sole. Trustee shall have the power of sale of the Property and if Beneficiary decides the
<br />Properly 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 shall deliver to Trustee a written notice of default and election to cause the Property to be sold. and Trustee, in turn, sl>Ull
<br />prepare a similar notice in the form required by low which shall be duly filed for record by Trustee.
<br />(o) After the lapse of such time as maybe required by law following the recordation of Notice of Default, and Notice of Default and Notice of
<br />Sole 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
<br />as Trustor may determine on the date and at the time and place designated in said Notice of Sole, 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 sole 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. file time and place last appointed for the sale; provided, if the sale is postpone for lorger than
<br />one (1) day beyond the day designated in-the Notice of Sole, 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 Dead conveying the Property so sold, but without any convenont 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. including without
<br />limitation Truslrsa, may purchase of the sale,
<br />(b). Whea.Twstee sells pursuont to the powers herein. Trustee shaft opply the proceeds of the sale to payment of the casts and expenses of
<br />exercising the power of sate and of the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees shall not
<br />in the aggregate exceed tha following amounts based upon the amount secured, hereby and remaining unpaid: 5 percentum on the. bolonce
<br />thereof; and then:to the items sat forth in.subporogroph (c) hereof in the order there'm stated.
<br />(c) After payPrrq the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale
<br />if the sale is purs:iont to judicial foreclosure, the proceeds of sole shop {r be applied in the order stated below to the payment of:
<br />(1) Lost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
<br />(2) Attorrieirs fees;
<br />(3) All sums then secured hereby.
<br />(4) Junior trust deeds, mortgages, or other lienholders. and
<br />(5) The remainder, if anti. to the person or persons legally entitled thereto.
<br />(d) If the 6..eneficiary of this Deed of Trust is. a bank as defined by Nebraska low, any statement contained in any other section of this deed
<br />notwithst"irg. the Beneficiary shall not be entitfed to receive or take and debtor shall not be 6b5gated 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 colilecticin of the attorneys' fees, unless such acts af. collection would not otherwise be prohibited by Nebraska low. Provided, however. that
<br />this sectiorrdoes not apply to the Trustee fee referred to in paragraph 6 (b). Provided further, that this paragraph shall not apply to this Deed
<br />Trust. if the Beereficiory is rat a bank.
<br />12. Adddt'ioatl Secarity 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 farm and substance satisfactory to Beneficiary, covering any of the Property conveyed by
<br />thi=s Deed of Trust, which security instruments shall be c Hitionol security for Trustor's faithful performance of all of the terms, covencirits and
<br />conditions of this feed of Trust, the promissory notes sec4red hereby, and any other security instruments executed in connection with this tron-
<br />soction. Such instruments shall be recordedor filed at Trustor's expense.
<br />13. Appointrnest of Successor Trustee. Beneficiary may, from time to time, by a written: instrument executed and acknowledged by
<br />Beneficiary. mailed to Trustor and recorded in the county ;or• counties in which the Property is located and by otherwise complying with the provi-
<br />sions of the applicable laws of the State of. Nebraska.-substilute a successor or successors to the Trustee narr=ed herein or acting hereunder.
<br />14. Inspee4siarts. Beneficiary, or its agents, representotives or workmen, are authorized to enter at any reasonable time upon or in any part
<br />of the Property. for the purpose of inspecting the some and for the purpose of performing any of the acts it is outhroized to perform under the
<br />terms of the Deed of Trust.
<br />15. Option to Foreclose; Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in
<br />life manner provided by low for the foreclosure of mortgages on real property.
<br />16. Ferebewmee by ilenefieiery Not Waiver. Any forebearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by opptii:able low, shall not be mwdver of or preclude the exercise of any such right or remedy. Likewise, the weiiver by Beneficiary of
<br />any,default of Trustor under this Deed of TreSfsha;i not be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br />17. Truster Net Release&. Extens'ron.of tho time for payment or modification or amortization of the sums secured by this Deed of Trust
<br />granted by Berieficiory to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and
<br />Trustor'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 feed of Trust by reason or any demand made by Iher original Trustor and
<br />Trustor's successor in interest.
<br />18. Beneficiary's powers. Without affecting the (iabifity of the Trustor or any other person liable for tlrepayment of any obligation herein
<br />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
<br />security for ttv full amount of ail unpaid cbligations, Beneficiary may, from time to time and without notice, (i) release any person so liable, (ii)
<br />extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be
<br />released or reconveyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take-dr 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 />19. Future Adyances. Upon request of Trustor. Trustee of Trustee's option, prior to reconveyonce of the Property to Trustor, may make
<br />future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory
<br />notes stating that said notes are secured hereby; provided that at no time shall the secured principal, future advances, not including sums ad-
<br />vanced to protect the security, exceed an aggregate principal amount of $ none
<br />20. Ileeonveyenee by Trustee. Upon written request of Beneficiary stating that all 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 Truster, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder ll:e
<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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