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<br />89-- 101087
<br />11. As 1 1eett1ittt Bbue Oef"I Rome"; W 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 iho payment of any other indobtedkiess securedhereby or In the performance
<br />of any of the converiants or agreements hereunder, kn ficiory may declare all sums secured hereby Immediately due and payable and the same
<br />shall thereupat beeonie due and payable without presentment, demand, protest or notice of any kind. Thereafter. Beraficiary may deliver to
<br />Trustee a written declaration of default and demand for sole. Trustee shall have the power of sale of the Property and if Beneficiary decides the
<br />Prop" Is to be sold it shotf deposit with Tmtee this Deed of Trust and the Note or notes and any other ddcurrsints evidencing expenditures
<br />secured hereby, and shall deliver to Trustee written notice of default and election to cause the Property io be sold, and Trustee, in turn, shall
<br />prepare a similar notice in the form required by low w*hshotborMy filed for record by Trustee.
<br />(c) After the kgse of such time as may be required by taw follcwi'ng the recordation of Nance of Default, and Notice of Default and Notice of
<br />Sale. hanhimg ,awn given os required by low, Trustee, without demmad an Trusts. shall sell mho Property in one or more parcels and in such order
<br />as TrusFtw . ijisye delarmine anther dote and of the finis and ploce designated in said Notice of Sate, at public auction to the highest bidckr. the put -
<br />chase pirieptaimle in cash in ktwfvl money of the United States at the time of sale. The person conducting the safe may. for any cause he or she
<br />scents ted~tetit, postpone the sole from time to time until it shall be completed anal, In every such case, notice of posfppienient shalt be given
<br />by WjV* declaration thereof by such person at the time and place lost appointed for the sale: provided, if the sok is postponed Far firme=r ti e
<br />one (I) day beyond the.day designated in the Notice of Sale, notice thereof shall be given in the same moaner as the origin , t " ice %r
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any comreriont 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, inchdir g- without
<br />CnitiYblion Trustee, may purchase of the sole.
<br />(b). When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sole to payment of the costs and expenses of
<br />exercising the power of sole and of the sale, includirp, without limitation, the payment of Trustee's Fees incurred, which trustee" a -fees shall not
<br />in the .aggregate etiteed the follow char xfs based upon the amount secured hereby and remaining unpaid: S pereentum.'on the balance
<br />thereal=r, aid then to the items seit.t<it4 in sy*ctragroph (c) hereof in the crder therein stated.
<br />(c) After paying the items spees?fied in subparagraph (b), if the sole is by Trustee, or the proper court and other costs of foreclosure and sole
<br />if the sale is pursuant to judicial foreclosure, the proceeds of sale 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 sate and of any revenue required to be paid,
<br />42, Attorneys fees;
<br />tli'k All sums then secured hereby;
<br />(T) Junior trust deeds, mortgages, or otlte" lienhol%rs; Qnd
<br />(S) The remainder, if any, to the person ar;ersons legally entitled, Vtereto.
<br />(d) If The Beneficiary of this Deed of Trust is o bank as defined by Nebraska low, any statement contained in any other section at this dead
<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 c0ection of the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska low. Provided, however, that
<br />t!tis eettion does not apply to the Trustee fee referred to i^ paragraph 6 (b). Provided further, that this paragraph shall not apply to this Deed of
<br />Trigs,,, if the Benefic'wry is not a bank.
<br />14,' Aditieed Security kansiettio. Trustor, of its exp' "e, will execute and deliver so the Beneficiary, promprf� upon demand, such securi-
<br />ty instruments osaw, be required by Beneficiary, in form and substance satisfactory to i neficiory, covering M zf the Prcges~y conveyed by
<br />Wit Deed of Trust; which security instruments shall be oddiNonof security for Trustor'; (di P,.?vl pe t rmonce ci`'atl' of the forim, covenants and
<br />conditions of this Deed of Trust, the promissory notes sec:rcaS hereby, and any other executst. in connection with this tren-
<br />soction. Such instruments shall be recorded or filed at Truvo 's expense.
<br />13. Apoinhwoot of Successor Trustee. Beneficiary md'r; from time to time, by a wrillem, i1mv!-ument executed and acknowledged by
<br />Beneficiary, moiled M Trustor and recorded in the county or c ,.t-fl es in wt AN she Prc;r-ty is tocateld-..d by otherwise complying with the provi-
<br />stans of the opgXr i>Ni3laws of the State of Nebraska, substi'1_11,14 G c'rcceswac .r rrc^aFSrr..s to the Trustee named herein or acting hereunder.
<br />14 t)ttleei 'firatr, Beneficiarlt, or its agents, represenfotirres cr workmen, are outl'Mrhed to enter at any reasarioble time upon or in any part
<br />vf ft P> cpe-; y, for the purpts:-,e of inspecting the some and for the purpose of performing any of the acts it is vvftoized to perform under the
<br />terms of the Deed of Trust. I..
<br />IS. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall have the e,%ion to foreclose this Deed of Trust itt
<br />the manner provided by low for f Ice foreclosure of mortgages on real property.
<br />16. Forebeereeee by Vettaficiory Net a waiver. Any forebeorttrtce by Beneficiary in exercising tiny sigAt or rertnedy hereunder, or othorvr,�rn
<br />afforded by applicable low, shall not be a waiver of or preclude the exercise of any such right or remedy . 4kem'se, the waiver by Beneficiary of
<br />any default of Truster under this Deed of Trust shall not be deemed to be a waiver of any other or similar defoults subsequently occurring,
<br />17. Truster Not Released. Extension of the time for payment or modification or amortization bf The sums secured by this Deed of trust
<br />granted by Beneficiary loony successor in interest of Trustaw sholi not operate to release, in any matmer, the liabilify of the original Ituctar and
<br />Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend fillip for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and
<br />Truster's successor in interest.
<br />18. Oeneficfory's Powers. Without offer ling the liability of the Trustor or any other person liable for the payment of any obligation herein
<br />mentioned, and without affecting tine lien or charge of this Deed of trust upon an-i porifat of the Property not then or theretofore released as
<br />security for the full amount of all unpe'sd obligations, Beneficiary may, from time to time and without notice, (i) release any person so liable, Iii►
<br />extend the maturity or after any of the tams of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be
<br />released or reconveyed at any time of Betieficiory's options any parcel, portion or all of the Property, (v) take or release any other or additional
<br />sscurily for any obligation herein mentioned, or Wi) make compositions or other arrangements with debtors in relation thereto.
<br />14. nets!" E!+ree!ee. iJpw regnst of Truster, Trustee at Trustee's option, prior to reconveyarce of the Property to Trustor, may stake
<br />future advances to Trustor. Such future advances. with interest thereon, shall be secured by this Trust Deed when evidenced by promissory
<br />rates statkg tttot said notes are secured hereby, provided that at no time shall the secured principal, future advances, not including sums rut
<br />vaned toprotect the security, exceed on oggregate principal amount of S N.one.! _ _ _ - -. __ -_ .
<br />10. Reconaereece by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upnn stn r nttdet
<br />of this Owed of Trust and the Note to Trustee for cancellation tud retention turd upott payment by Trustor of Trustee's fees, ltttctaa Omit
<br />retomey to Trustor, or the person or persons legally entitled therpro, without warranty, ony portinn of the Property then hetd hArvrrndAr tho
<br />recitals in such reconveyorr_a of any Moller s or facts shall be cortc lasive proof of the frufhf Omits 11tor Pat. The grantee in clay teconvevtfltrP wav
<br />be described as '-the person or persons legally entitled thereto"
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