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I� <br />101814 <br />11. Aeoeleeslite I" let", a Oils seat. Upon default by Trustor in the payment of or pierfontance of the terms and conditions of <br />the tote, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness tecuredhereby or in the performance <br />of oiny of the converionts or oWeements hereunder. Beneficiary may declare all sums secured hereby immediately due and payable and the some <br />sholl thereupon become due and payable without pnsenttrseitt, demand, protest or notice of any k'uxl. Thereafter. Beneficiary may deliver to <br />Trustee a written deckirotion of default and demand for sole. Trustee shall have the power of sa% of the property and if &neficiory decides the <br />Property h 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 sholl 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 sMni(ar notice in the form required by law which sholl be duty filed for record by trustee. <br />(a) After the lapse of such time as may be 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 low, Trustee, without demand on Truster, shall self the Property in one or more parcels and in such order <br />as Trustor megideterrai m w the dote and at the tunearid place designated ins said Notice of Sale, at public auction to the highest bidder, the pur- <br />chase price payo& era cosh in to&[ money of the United States at the time of sal'tr_ The person conducting the sole may, for my cruse he or she <br />deems expedient, postpone the safe ftrcim time to tkm until it shall be completed End; in every such case, notice of postporiment sWI U given <br />by pabSirt edwation thereof by such person of the time and pxe Last appointed for the sde; provided, if the sate is pzs+, nod for t Man <br />one f f $ &I beyond the doy deskp afied in the Notice of Sale, notice thereof dxa f be given in the some mariner as the original Notice: Via$ 3 4-e. ; <br />Trustee shall execute and deliverty 1,1,* purchaser its Deed conveying the Proptc# sa sold, but without any conversant ar warranty,. eWa i ac <br />WOW. The recitods id ,fte Deed' zf.:wy matters or facts shall be conclusive OW,of the�truthfulness Opereof. Any person, includit * iiout <br />kmitaliort Trustee, Q> i iM a .3ak. : 61'- ;. <br />(b). qtr Ttus*e* s ptxsuci vita 't to powers herein, Trustee shall apply the proceeds of the sale to ,payment of the casts and expenses oft <br />txacisasg tP+rr p!� it r<iF ice and of the sale, inck&,V, without limitation, fhe .^gent of Trustee's Fees furred, which Trustee's Fees shall not <br />in the pgg egatrt r t'•e following omouarts upon the amount setisked hereby and remroi said: 5 percentune M *e--- tulance <br />thereof;: aid ti�ett to ffhe ii:;sms set forth in s*pv is (c) hereof in the or* tharein stated. <br />(CJ Mw "Ving the items specify k► sulapi ,t (b), if the sale is by Ti ;s*ee, or the proper roe- rx4 q. casts ¢f foredosur�; ,i d sale, <br />if th irzWls pursuant to iudicial fcuodim= . the f eeds of sale shall be aW.W.in the order stated betow tZ "tte; aJ rt <br />(1) Cost of: evidence of tithe,rcrrcatro w" ilk ryra'iactian with such sale = id any revenue require xnb.rpid; ~5: <br />(2)� Attorneys fus :r <br />(Will rums then secured her'ulr;. " <br />(A) . Junior first deeds, mortgagf s, or othei•liriiifltd(deftz artd <br />(5) The remainder, if any, to the person or per*igrslegallyesditted ihem. fo. <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 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 further, that this paragraph shall not apply to this Deed of <br />Trust, if the Beneficiary is not a bank. <br />_ <br />12. AdOtieeel Sec"y lostr agents. 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, v security instruments shall be additional security for Trustor's faithful performance of all of the terms, covenants and <br />conditions of this DWo5 Trust, the promissory varies secured hereby, and any other security instruments executed in connection with this iran- <br />soction. Such instn -mants shall be recorded or filed Tr mtor's expense. <br />13. t of Sumesser Trustee. Beneficiary mey, from time to time, by a written instrument executed and acknowledged by <br />Bomfick". rv, ;W ft Trustor and recorded in the =.n -' cs ceu' es in which the Property is located and by otherwise complying with the provi- <br />_ <br />sions of Ov. opp+k -ble laws of the State of Nebraska, sutosts`:e ,z svccesscr cr successors to the Trustee nerted herein or acting herevr.der. <br />14. bspeetiem. Benefidory, or its agents, rep %esertc °.:vcs ;w work; nen, are authorized to enter at any rewsonoble time upon or in any part <br />of the Pr'aperty for the purpose of inspecting the some and 1(w n a purpose of performing any of the octs it is authroize"t to perform under the <br />terms of the Deed of Trust. <br />15. Opus to fervless. Upon the occurrence of any default hereunder, 2 meficiary shall have the opton »o foraciase this Oeed e> 7rust in <br />the manner provided b,,? bow for the foreclosure cf ana rtgages on real pr.pen yi.. <br />16. Ferereerw a 6y teeefkiery Not s Waiver. Any forebearcrt. ce by Eeneficiary in exercising any rl;h* gar remed!t berernder, or otherwise <br />afforded -by applicable law, shall not be a waiver of or preclude ti-e exercise of any such right or remedy. likewise, the w-4,-" by Beneficiary of <br />any defaull of Trustr;rrvnder this Deed of Trust shall not be deemed to be o weiver of any other or similar defaults su�sec;.;vlily occurr:1g;. <br />17. treater Net ICdiesad. Extension of the time for payment or modift-crnion or amortization of the sums secured by this Dep4 cf 1'-ust <br />granted by Beneficiary to any successor in intergV cf Trustor shall not operw a to release, in any manner, the liability ot the original T• *+.or 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 Deed of Trust by reason of any demand made by the original Truster and <br />Trustor's successor in interest. <br />18. Meelikissy's hears. Without affectiV the liability of the Trustor or any other person liable for the payment of any obligation herein <br />mentioned, and without effecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as <br />security for the full amount of all unpaid obligations, 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 of any time at Beneficiorg's options any parcel, portion or all of the Property, (v) take or release any other or additionah <br />-� <br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. <br />19. fstsre Ads es. Upon request of Trustor. Trustee at Trustee's option, prior to reconveyonce of the Property to Truster, 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 stMim that said notes ore cecored tweby, provided that of no time shall the orura prim, ;real, future advances, not including sums rid. <br />varied to protect the security. exceed an 170 ��• <br />a y aggregate principal amount of S <br />L20. RecesneltoKs by Trestee. Upon written request of Beneficiary statirg that all sums secured hereby hove 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 />t` <br />recitals in such reconveywte of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in ory reconvoyance may <br />.. <br />bedescrilxd as "thepersonor perscm legsliy entitled thereto". <br />r` <br />ti <br />