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r (c) After paying the Items specified In subparagraph (b). It the sale Is by Trustee, or the proper ccun and alter caata ch futsctesure and solo If thieals Is pursuant to judicial foreclosure. the proceeds of sale shall be applied in the order stated below toll-to 1;&MgrE'ok (1) Cost of an evidence of title procured In connection with such sale and of any revenue required to to pald;- (2) Attomejis fees: - (3) Ail sums then secured hereby and any lions having priority over this one. (4) Junior trust deeds, mortgages, c r other Iienholders; and (5) The remainder, if any, tothe person or persons legally entitled thereto. 89-r 100772 (d) If the i3ensficlary of this Deed of Trust Is a bank as defined by Nebraska taw, any statement corttallned lit valt atitsr seMlon of this deed notwithstanding. The Beneficiary shall not be entitled to receive or take and debtor sha!I not be obifgattrd t(z• pay cr give.. any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower In a judicial vmceeding or agreement to pay the costs of collection or the attorneys' fees, unless such acts of collection would not othervelso be prohibitdd by Nebraska taw, provided. tlorrewr, that this section does not apply tothe Trustesfas referred to in paragraph 6 a, provided further. that- Olaparagraph shall not apply to this Deed of Trust, if the Beneficiary is not abank. (12) AOtf NOW Sam Ity MstruaMnts. Trustor, at its expense, will amscute and deliver to Me Beneffelsry, prcmptly upon demand. such security Instruments as may be required by Beneficiary, in form and sulbatanv,e,satisfactory to- Benellclari, cevernir any of the Property conveyed by this OW of Trust, which security instruments shall be additional sik=01,1,frrTrustor's fafthfra performance of all ct the terms, convenants and can- dill Ions of this Deed of Ttudtf the promissory notes secured "mb)% mid &nyother security Inatrumenta.exsculed in connection with I his transac- tion. Such lnstrumentsarmil, is recorded or filed atirwsi ceiex��r m-, (13) Appokwhronti oft Stowsser Trustee. Beneficiary may, t.-w' 'time to time, by a wrrftm iffatx rnm-I executed and acknowledged by Beneficiary, pts!fed ;o Trzzsfnr and recorded In the county or c4iffitfos In which the Prcps(t,# Is IccaSP4.wTd by otherwise complying with the proviskMS off t!rit **idle laws of the State of Nebraska substitute a successor or success oYas t t'l$ ►rv; 'ee named herein or acting hereun- der. (ta) inspection. Sw o6cinry, or Its agents, representatives ctWea%rnsn, are authorized to enter at anp Piasonable time upon or in any part of theProperty,for the'VuF#4sof inspecting the same and for theoiliese of perinrming snifotthe acts it !s aoifro, ized to perform under the terms of 1he Deed cMust. (15) Op fotrfa Foredosire. Upon the cccurrence of any default hereunder. Seneficiarf shall. trove the opt ub to foreefase Mls Deed of Twat in themarreapr rft:et4bt5:6t for the foreclosure of mortgages on rdat property. (15) SatsAleantrrolWSWalletory a Trustee Met a Walser. Any forebearanre by Beneficiary or Trurm-1P exercising any right at fam"Y I tersundiW, orcthsria+-14,a:1iorded by applicable taw, shalt not be a waiver at am preclude the exercise of ae-iif' w=h right or remedy. LRawiza, the "'Ver t" Mir T 4ficlary ci Trustee of any default cf untcr under this Deed ef,Traul shall not be deemed 1SM.L+s a waiver of any otW. w similar defaults eubmuentiy occuring. (17) Tnnfu r Not Released. Extension of the time for payment or modification or amortizatloat.at the sums secured tTy i%** Deed of Trust gran- ted by Boreflciary to any successor In interest of Trustor shall mat operate to release, in any manner, 00 liability of t;hevollglnal Trualor and Trustor's successor in brterest. Beneficiary shall not be required to ccmmencecroceedingts%p ntat sucArs+ucassor or refuse to am" ( n. a for payment or otherwise matilfy amortization of the sums secured by this Deed of Tract by T isLsrn of any demand made by the original Trust& and Trusters successor In InIsrest. (111) 1110"fl clares Powars. Without affecting the liability of the Trustor or a,IY Wsae; n liable for the payment of arty obligation herein men- Honed, and without affecting this lien orcharge of this Deed of Trust upon any p, riaz of CS epiupsrty not them or theretofore released as security for the full amount of all unpaid obilga;tions. beneficiary may, from time to tlmersstix wlth¢rlt iTatice, (1) release any person so liable, (10 extend the maturity or alter any of the terms of any such obligations, (iii) grant other Indulgences. (Iv) release or reconvoy, or cause to be released or recon- wyed at any time at Beneficiary's options any paleel, portlon or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compos:tlons or other arrangements with debtors In relation thereto. (i9) Recornoyance byTrustse. Upon written request of Sereftcdsry stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cance!latl.an and nsiention and upon payment by Trustor of Trustee's fees. Trustee shall reconvey to Trustor, or the person or persons legally entitled iPfli6rt; o, without warranty, any portion of the Property then hold hereunder. The recitats In such reconvoyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyance may be described as "the person or persons legally entitled I thereto". (20) Motices. Except for any notices, demands. requests, or other communications required under applicable law to be given In another man• nor, whenever Beneficiary. Trustor, or Trustee gives or serves any notice (Including, without limitation. notice of default and notice of safe), demands, requests or other communication with respect to this Deed of Trust, each such malice, demand, request or other communication shall be In writing and shalt be effective only if the same Is delivered by personal service or mailers by certified mall, postage prepaid, return receipt requested, addressed to the address as set forth at the beginning of this Used of Trust. Trustor hereby requests that a copy of any notice of default, any notice of sale, required or permitted to be given the Trustor hereunder, be malW to it at the address set forth at the beginning of this Dead of Trust. Any party may at any time change Its address for such notices by delivering or malitng to the other parties hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have been given toTrustar oil eens11clary, when given In (11a manner designated herein. (21) (11evarnbt0 Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. (22) Successors and Assigns. This Deed of Trust and all terms, conditions and obllgatlons herein apply to and Inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees. personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and hofderof the Note, whetheror not named as Beneficiary herein. (23) JoW and Several Liability. All covenants and agreemerts of Trustor shall be joint and several. (24) Seeer!sAllify. In the event any one or more of the prwlslorm rrontalned In this Deed of Trust, or the Note or any other security Instrument given In ere section with this transaction shall for any reasc4,, be held to be- irval!d. Illegal or unenforceable in any respect, such Invalidity, illegality. or unonforceabllity shall, at the option of BnreNclary. not affect ar y other provision of this Deed of Trust, but this Deed of Trust shall be construed as If such invalid, Iltegat, or unenfomeib<.e provision had never been contained herein or therein. If the lien of this Deed of Trust Is Invalid or unenforceable as to any part of the debt, ar If the lien is invalid or LrenF,0r,,eabte a$ to any part of the Properly, the unsecured or par- tially secured portion of the debt shall ixa completely paid prior to the payment of the rernsiMpa and secured or parililly secured portion of the debt, and a:t payments made on the tfel4, whether voluntary or under foreclosure or other enforcement action or proamdura, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which isrtat secured or not fullyteciv:ed by the lien of this Dead of Trust. (25) Mw 9m and Gander, Capttene.•Whenever used herein. the singular nurniurshall include the plural. the plural, the singular, and the use of any gender shall be applicable to el( genders. The captions and headings of the ;aragrarAw 08 this Deed of Trust are for convenience orty and are not to be used to Interpret or define the provisions hereof. (26) Acca(stenee by Trustee. Trustee accepts this Trust when this Deed of Trust. duly executed and acknowledged, Is made a public record as provided by taw. r .. b L A* (c) After paying the Items specified In subparagraph (b). It the sale Is by Trustee, or the proper ccun and alter caata ch futsctesure and solo If thieals Is pursuant to judicial foreclosure. the proceeds of sale shall be applied in the order stated below toll-to 1;&MgrE'ok (1) Cost of an evidence of title procured In connection with such sale and of any revenue required to to pald;- (2) Attomejis fees: - (3) Ail sums then secured hereby and any lions having priority over this one. (4) Junior trust deeds, mortgages, c r other Iienholders; and (5) The remainder, if any, tothe person or persons legally entitled thereto. 89-r 100772 (d) If the i3ensficlary of this Deed of Trust Is a bank as defined by Nebraska taw, any statement corttallned lit valt atitsr seMlon of this deed notwithstanding. The Beneficiary shall not be entitled to receive or take and debtor sha!I not be obifgattrd t(z• pay cr give.. any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower In a judicial vmceeding or agreement to pay the costs of collection or the attorneys' fees, unless such acts of collection would not othervelso be prohibitdd by Nebraska taw, provided. tlorrewr, that this section does not apply tothe Trustesfas referred to in paragraph 6 a, provided further. that- Olaparagraph shall not apply to this Deed of Trust, if the Beneficiary is not abank. (12) AOtf NOW Sam Ity MstruaMnts. Trustor, at its expense, will amscute and deliver to Me Beneffelsry, prcmptly upon demand. such security Instruments as may be required by Beneficiary, in form and sulbatanv,e,satisfactory to- Benellclari, cevernir any of the Property conveyed by this OW of Trust, which security instruments shall be additional sik=01,1,frrTrustor's fafthfra performance of all ct the terms, convenants and can- dill Ions of this Deed of Ttudtf the promissory notes secured "mb)% mid &nyother security Inatrumenta.exsculed in connection with I his transac- tion. Such lnstrumentsarmil, is recorded or filed atirwsi ceiex��r m-, (13) Appokwhronti oft Stowsser Trustee. Beneficiary may, t.-w' 'time to time, by a wrrftm iffatx rnm-I executed and acknowledged by Beneficiary, pts!fed ;o Trzzsfnr and recorded In the county or c4iffitfos In which the Prcps(t,# Is IccaSP4.wTd by otherwise complying with the proviskMS off t!rit **idle laws of the State of Nebraska substitute a successor or success oYas t t'l$ ►rv; 'ee named herein or acting hereun- der. (ta) inspection. Sw o6cinry, or Its agents, representatives ctWea%rnsn, are authorized to enter at anp Piasonable time upon or in any part of theProperty,for the'VuF#4sof inspecting the same and for theoiliese of perinrming snifotthe acts it !s aoifro, ized to perform under the terms of 1he Deed cMust. (15) Op fotrfa Foredosire. Upon the cccurrence of any default hereunder. Seneficiarf shall. trove the opt ub to foreefase Mls Deed of Twat in themarreapr rft:et4bt5:6t for the foreclosure of mortgages on rdat property. (15) SatsAleantrrolWSWalletory a Trustee Met a Walser. Any forebearanre by Beneficiary or Trurm-1P exercising any right at fam"Y I tersundiW, orcthsria+-14,a:1iorded by applicable taw, shalt not be a waiver at am preclude the exercise of ae-iif' w=h right or remedy. LRawiza, the "'Ver t" Mir T 4ficlary ci Trustee of any default cf untcr under this Deed ef,Traul shall not be deemed 1SM.L+s a waiver of any otW. w similar defaults eubmuentiy occuring. (17) Tnnfu r Not Released. Extension of the time for payment or modification or amortizatloat.at the sums secured tTy i%** Deed of Trust gran- ted by Boreflciary to any successor In interest of Trustor shall mat operate to release, in any manner, 00 liability of t;hevollglnal Trualor and Trustor's successor in brterest. Beneficiary shall not be required to ccmmencecroceedingts%p ntat sucArs+ucassor or refuse to am" ( n. a for payment or otherwise matilfy amortization of the sums secured by this Deed of Tract by T isLsrn of any demand made by the original Trust& and Trusters successor In InIsrest. (111) 1110"fl clares Powars. Without affecting the liability of the Trustor or a,IY Wsae; n liable for the payment of arty obligation herein men- Honed, and without affecting this lien orcharge of this Deed of Trust upon any p, riaz of CS epiupsrty not them or theretofore released as security for the full amount of all unpaid obilga;tions. beneficiary may, from time to tlmersstix wlth¢rlt iTatice, (1) release any person so liable, (10 extend the maturity or alter any of the terms of any such obligations, (iii) grant other Indulgences. (Iv) release or reconvoy, or cause to be released or recon- wyed at any time at Beneficiary's options any paleel, portlon or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compos:tlons or other arrangements with debtors In relation thereto. (i9) Recornoyance byTrustse. Upon written request of Sereftcdsry stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cance!latl.an and nsiention and upon payment by Trustor of Trustee's fees. Trustee shall reconvey to Trustor, or the person or persons legally entitled iPfli6rt; o, without warranty, any portion of the Property then hold hereunder. The recitats In such reconvoyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyance may be described as "the person or persons legally entitled I thereto". (20) Motices. Except for any notices, demands. requests, or other communications required under applicable law to be given In another man• nor, whenever Beneficiary. Trustor, or Trustee gives or serves any notice (Including, without limitation. notice of default and notice of safe), demands, requests or other communication with respect to this Deed of Trust, each such malice, demand, request or other communication shall be In writing and shalt be effective only if the same Is delivered by personal service or mailers by certified mall, postage prepaid, return receipt requested, addressed to the address as set forth at the beginning of this Used of Trust. Trustor hereby requests that a copy of any notice of default, any notice of sale, required or permitted to be given the Trustor hereunder, be malW to it at the address set forth at the beginning of this Dead of Trust. Any party may at any time change Its address for such notices by delivering or malitng to the other parties hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have been given toTrustar oil eens11clary, when given In (11a manner designated herein. (21) (11evarnbt0 Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. (22) Successors and Assigns. This Deed of Trust and all terms, conditions and obllgatlons herein apply to and Inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees. personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and hofderof the Note, whetheror not named as Beneficiary herein. (23) JoW and Several Liability. All covenants and agreemerts of Trustor shall be joint and several. (24) Seeer!sAllify. In the event any one or more of the prwlslorm rrontalned In this Deed of Trust, or the Note or any other security Instrument given In ere section with this transaction shall for any reasc4,, be held to be- irval!d. Illegal or unenforceable in any respect, such Invalidity, illegality. or unonforceabllity shall, at the option of BnreNclary. not affect ar y other provision of this Deed of Trust, but this Deed of Trust shall be construed as If such invalid, Iltegat, or unenfomeib<.e provision had never been contained herein or therein. If the lien of this Deed of Trust Is Invalid or unenforceable as to any part of the debt, ar If the lien is invalid or LrenF,0r,,eabte a$ to any part of the Properly, the unsecured or par- tially secured portion of the debt shall ixa completely paid prior to the payment of the rernsiMpa and secured or parililly secured portion of the debt, and a:t payments made on the tfel4, whether voluntary or under foreclosure or other enforcement action or proamdura, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which isrtat secured or not fullyteciv:ed by the lien of this Dead of Trust. (25) Mw 9m and Gander, Capttene.•Whenever used herein. the singular nurniurshall include the plural. the plural, the singular, and the use of any gender shall be applicable to el( genders. The captions and headings of the ;aragrarAw 08 this Deed of Trust are for convenience orty and are not to be used to Interpret or define the provisions hereof. (26) Acca(stenee by Trustee. Trustee accepts this Trust when this Deed of Trust. duly executed and acknowledged, Is made a public record as provided by taw. r .. b