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1 <br />(c) After paying the items speclfled In subparagraph (b). If the saes Is by Trustee. OF the proper court and other costs of foreclosure and sate If <br />tie safe ls pursuant toludfcial foreclosure, the proceeds of sate shall be applied fn the order stated below to the payment of: <br />(1) Cost of an evidence of title procured In connection with sucheale and of any revenue required to be pall; <br />f2) Attorneys fees. <br />(3)Allsurns then socufadheroby and arty [tons havingpilorlty over this One, seO <br />(4)Jualor trustdesds, moftgages, or other lienholders, and 5 Q 9-- 1 O0 _( <br />FM Theremalnder. Itany. tothe person or parsons legsllyentit tied thereto, <br />L <br />(d) it the Beneficiary of this Dead of Trust IS a bank as defined by Nebraska law, any statement contained In any other section of this deed <br />notwithstanding. The Beneficiary shalt not be entitled to receive or take and debtor shaft not be obligated to pay of give: any confusion of <br />judgmentr power of attorney to confess judgment, power of attorney to appear for a borrower In a judicial proceeding or agraornent to pay the <br />costs of collection or the attorneys' lots, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided. however, <br />that this section does not apply to the Trust@* fin referred to in paragraph 6(b), provided further, that this paragraph shall not apply to this Deed <br />of Trust, It the Benef Clary Is not a bank. <br />(12) Additlenal Security inslrueNMs. Trustor, at Its expense, will execute and delker to the Beneficiary, promptly upon demand, such security <br />Instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust, which: security instruments shall be additional security for Trustor's faithful performance of all of the terms. convenants and con• <br />dttlons of this Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed In connection with this transac- <br />tion. Such Ir4tiuments atoll be recorded or filed at Truators expense. <br />(13) AppelMI MM of Suseessm Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by <br />Senefkfary, malted to Trustor and recorded In the county or counties In which the Property 1s located and by otherwise complying with the <br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun- <br />der. <br />(%t Iaapsctlorw. Beneficiary, or its agent@, representatives or workmen. are authorized to enter at any reasonable time upon or In any part of <br />the f-fof the purpose of Inspecting the Sams and for the purpose of performing any of the acts it Is authorized to perform under the terms <br />of ft Deedof Trust. <br />JIBl pVw to Foreckwas. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Dead cf Trust In <br />thamari—w provided by to* for the foreclosure of mortgages on real property. <br />(18) Fan6ssrana by Aarwtlel!ty. or Trustee 14al a Welver. Any forebearance by Beneficiary or Trustee In ezerclaing any rl y r remedy <br />irereundw. or otherwise afforded by applicable law, shalt not be s waiver of or preclude thip eyerclse of any such right or remedylAswise, the <br />waiver by Beneficlary or Trustee of any default of Trustor under this Deed of Trust strait nct be deemed to be a waiver of any otl 'ar similar <br />defautte subsequently occuring. <br />(17) Trustor Not ROused. Extension of tits time Scr payment or modification c amortlzatlon of the sums secured by this Deed d,`' 7-Vust grew <br />ted by Senefietsry to any successor in Interest cf, 1'sustor shalt not. operate td valeass, in any manner, the- liability of the orlgIniVi rhMor and <br />Trustors successor in interest. Benetwary shall not be requrrw$ to: ccmmenee aroceedingea -igWnst such successor or reJi rile to d time for <br />payment or otherwise modify amortization of the sums securedlLyr- this Deed of Trust by rw.n,aort of any demand made tr f, tine .ir ;er ilTrustor and <br />Trustor's MCtessor in Interest. <br />(f $) 111"Ief inft Powsm without affecting the liability of the Trustor or or*); Cllr@.* pers'en liable for the payment of any obligation heidn men- <br />tioned, and without affecticig the Ilan or charge of this Deed of Trust upon any parii¢;a of the property not then or theretofore released sip security <br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice. (1) release any person so liable. (IQ extend the <br />maturity aP alter any of the terms of any such obligations, (111) grant other Indulgences, (iv,+ raleass or reconvey, or cause to be released or recon- <br />veyed at arty time at Beneficiary's options any parcel, portion or all of the Property, (v) taka or release any other or additional security for any <br />obligation herein mentioned, or(vi) make compositions or other arrangements with debtors!ai iWation thereto. <br />(112) Meonvoyanee by Trustee. Upon written request of Beneficiary stating that WI surnsserured heretre have been paid. and upon sr4mrrdw of <br />this Deed of Trust and the Note to Trustee for cancellation and retentlan and upria pa; +merit: by TrustcrofTiiintee s fees, Trustee shall reasr +ey <br />to Trustor, or the person or persons legally entitled thereto. wlthuut rr+srwt,?, ark puAlon of the Properly limn. held hereunder. The mr.Ma to <br />such reconveyance of any matters or facts shell be conclusive avkf of lire tnittrfulness thereof. The amine im sar. mmonveyar� rra'p be <br />described as "the parson or persons (&,V-1 ry entitled thereto ". . <br />(20) Netlees. Except for any noticm ds trends, requests, or other communtr,E ions required under apptira1zle law to be given in aHtrtatpw r;o s <br />net, whenever Beneficial!. Trustor. ar Trustee gives or serves any notice (including, without limitation, nct(ce of default and nofim at sale), <br />demands. requests or oilier communication with respect to this Deed of Trust, each such notice, demand.. iotqueat or other communication shall <br />be In writing and shalt to effective artily ii the some Is delivered by personal service or mailed by certllled ruatl. postage prepaid, return recelpt <br />requested. addressed to the addrawrieso set forth at the beginning of this Deed of Trust. Trustor hereby requests that a copy of any notice of <br />default, any notice of sale. requlredor pofmitted to be given the Trustor hereunder, be malted to It at the address set f6r1jt ar the beginning of this <br />Deed of Trust. Any party may at any lime change Its address for such notices by delivering or mailing to the other pwtj6r Amrsto, as aforesaid, a <br />notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Bensficlary, Den givtrrw ldi4 manner designated <br />herein. <br />(21) Governh Law. This Deed of Trust shall be governed by the laws of the Slots of Nebraska. <br />(22) successors and Assigns. This Heed of Trust and all terms, conditions and obligations herein Bp;ly to and Inure to fife benefit of and bind <br />all partite hereto, theft heirs. legatees, devisees, personal rertrnsentatives, successors and assigns. The term "Beneficiary" shall mean the <br />owner and holder of the Mote, whether or not named as Benof iciury 1 ereln. <br />(23)Joint and Serera( Liability. All covenants and agreements of Trustor Shoff be lolnt and several. <br />(24) Seeerabtilty. In the event any one or more of the provluiona contained In this Deed of Trust, or the Note or any other security Instrument <br />given In connection with this tronsacllon shall for any reason be held to be Invalid, i'IWO or unenforceable In any mepect, such Invalidity, <br />iitegallty, or unenforceabflity shall. at Ilia option of Beneficiary. not affect any other provition of this Deed of Trust, but this Deed of Trust shall <br />be construed as It such invalid, illegal, or unenforceable provision had never been eontalnec l Itiereln or thereln. if the (ten of this Deed of Trust Is <br />Invalid or unenforceable as to any part of the debt, or It the Ilan Is invalid or unenforceable as to any pvT of the Property, the unsecured or par - <br />ttatly secured portion of the debt shall be completely paid prior to the payment of the remaining and w-utad or partially secured portion of the <br />debt. and all payments made on the debt. whether voluntary or under foreclosure or other enforcement a.Von or procedure. shall be considered <br />to have been first paid on and applied to the full payment of that portion of the debt which is not secured or not fully secured by the lien of this <br />Dead of Trust. <br />(25) Number and Gender Captlons. Whenever used herein, the singular number shalt Include the plural, the plural, the slagutar, and the use of <br />any gerrder shelf be applicable to all genders. The captions and headings of the paragraphs of this Deed of trust are for convenience only and <br />is not to be used to interpret or define the provisions hereof. <br />(26) Acceptance by Tnialve. Trustee accepts IhIS Trust when this Deed of Trust. duty executed and acknowledged, is made a public record as <br />provided by law. <br />r, <br />A <br />r <br />rs - <br />