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T 1. Aeeeieroltiett Urea Oefeurlt; Roaaliea; Sitdte.; Upon default by Trustor in the payment of or performance of the terms 6)d candirioris of <br />the Note, or only renewals, modifications or extensions thereof, or the payment of any other indebtedness secured hereby or in Cite per formmtce <br />of any of the cog- tvenur is or agreements tweunder.,Beneffciory may declare all sums secured hereby immediately due and payable and the same <br />r shelf ;i�i�•apon become due and payable without presentment, demand. protest or notice of any kin{. Tibeim. ifter, Beneficiary may deliver to <br />` Trusa#i�lie? ;cltu!n declaration of default and demand f or sole. Trustee shall have tho:power of sale pf the .; f! td if Beneficiary decides the <br />Qtr 911e:ss?r :a! shah deposit with1me4i ilifs Dead of Trust and the bole or totes ottd ripy other esriefnts evidtmcing axI)ertdituees <br />, <br />sllsll deliver to TrustttRn notice of default and election to cause the Property to be sold, and Trustee, in turn, shall <br />pre:jii.�dr notice in the form zequited by bwiikhich shall be duty filed for record by trustee. <br />(a# .r�Yfu�r the (apse of such time as map be required by low following the recordation of Notice of: Default, and Notice of Default and Notice of <br />SA hutring hear given as required bylaw, Tritsteei,, willwir demand on Trustor, shu>Ilseli the Property in one or more parcels and in such order <br />as Trusfar may determine an the date and at the time and place designated is said Notice of Sale. at public auction to the highest bidder. Cite pur- <br />chose price payable in cosh in lawful stoney of Cite Wed States at lute time of sale. The person conducting the sale_ may, for any cause Ice or site <br />deems expedient. postpone the sale from time to time until it shall be completed and, in every sect) case, notice of postponement shall be given <br />by public declaration thereof by such person at the time and place last appointed for ilia sale; provided, if the sole is postponed far longer lttttn <br />one (1) day beyond the day designated in ilia Notice of Sale, notice thereof shalt be given in lhte same manner as the caigirnd Notir.t, of Sine. <br />Trustee shall execute and deliver to the purchaser its Deed conveying ilia Property so sold, but wi .thout any conventint or war ranly, tlxpress, at <br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the Irulhfulness thereof. Any person, including without <br />limitation Trustee, may purchase at the sale - <br />(b). When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sole to payment of llte costs and- xtiprtmes at <br />exercising the power of sale and of the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's fees shalt tint <br />in the aggregate exceed the following amounts. based upon the amount secured hereby and remaining unpaid: S percentum on the balance <br />thereof; and then to the items set forth in subparagraph (c) hereof in the order therein slated. <br />. {c) After paying the items specified in subparagraph M. if the sate is by Trustee, or the proper. court and other costs of foreclosure and stile <br />if the sale is pursuant to judicial foreclosure, lice proceeds of safe shall be applied in the order stolW balow to the payment of : <br />(1) Cost of any evidence of title procured in connection with such sole and of any revenue re(lcsirzcl. "o be paid; <br />(2) Attorneys fees; <br />(3) All sums then secured hereby; <br />(4) Junior trust deeds, mortgages, o; ollmr Himbolders; and <br />(S) The remainder, if any, to the person din persons legally enfil led thereto. <br />�L <br />(dp 11 life Beneficiary of this Deed of Trust is a.bank as defined by Nebraska taw, any stalentent ctntlmrned it) any other section of this d+•ed <br />notwithstanding, file Beneficiary shall not be entitled to receive or take and dehtor shall not be, obligated to pay or give; any confession of iudtl- <br />ntent, power of attor.rvey to COMOSS judgment, hewer of attorney 1a appvw fm o hot rower in n judici �Inoceeding or mleentpert f +.l pay 1111• roclm <br />of collection of lute attorneys' Ines, unless sucll,acis of collection would riot atherwise be Ili ohibiteu'Ly Nebraska law. Iliuvit:oi, Imwevel . Hutt <br />this section does not apply to the Trostee fee referred to in paragraph 6 (b). Pro idtd (u -Ater, that this paragraph shall not app'ty to this Deed of . <br />Trust, if the Beneliciory is not a bank. <br />12. Addend Security Instruments- Trns3tor., at its expense, will execute alld detim —t0 flip Reuel iciary, promptly upon dentin t. mi:.l 5rc.ut+ <br />ty instruments as may be required by Senef+ciary, in form arid substance solisluclof y to fienef idwy., covering ally of the Proper ly €'ucr,rt" ^,l hY <br />this Deed of Trust, whidt securil *j instruments shall be additional security for Tn►slar's faithful performance of all of file terms, covenants and. <br />conditions of this Deed of trust, the promissory, notes secured hereby, and any other security instruments executed in connection will) this <br />$action. Such instruments shall be recorded or filbd at Trustor's expense. <br />13. Appoietmnl of Successor Trustee. Beneficiary may, from tittle I'a. tulle. by a writlers instrument executed and o{ ,tawledyed by <br />Beneficiary, mailed to Trustor and recorded in file county or counties in which the Property is located and by otherwise camp".. grill) the provi- <br />sions of the opplicoble laws of the State of Nebraska, substitute a successor or successeas to the Trustee tamed herein or acting hereunder. <br />14, Inspections. Beneficiary, or its agents, representatives or workmen, are outhnr iced to enter of any reasonable time upon or in any part <br />of the Property for the purpose of inspecting Ilia same and for the purpose of perfolmin3 any of the acts it is outhroized to perform under llte <br />terms of the Deed of Trust. <br />15. option to Foreclose. upon ;he occurrence of any default hereunder. Benelitia:V shall hove the option to foreclose this Deed of Trust ill <br />lite manner provided by law for the fur"t'(losuro of mot tgngps on r cal plotter 1y. <br />16. forebearnete by Beneficiary Not Waiver. Any forebeutunce by Beneficiary in exerctsiug oily right or remedy hereunder, at ofhesw]%p <br />afforded by applicasle low, shall not but a waiver of or prectude the exercise of any such right or remedy. likewise, the waiver by Beneficiary of <br />oily default of truster under this Deed of Trust, shall not be deemed to he n waiver of itny other or similar defouhls subsequenl lg ac cur► inq <br />17. Truster Not Released. Cxtensiuu of 1110-lime for Itnyment ar 11unlitiruliun or urttuttiraliun of the mints s cured by 1111m Used of hu•.t <br />granted by Beneficiary to any successor in interest of Trustor shall not operate to relent•, in any nuuuter . the liability of 111e oliginul )r uslor roil <br />irusttx's successor in interest. Benoliciory shnlhnol be required to colnntence proceedings against such successor or refuse to extend fillip fill <br />payment of otherwise modify amortization of ilia sums secured by this Deed of trust by net ;sonaf 011y dsrttand trride by file original f rodor and <br />Ifusfor's successor in intetesl, <br />18. Beneficiary's Powers. Without allecling ilia liability of the lrustot or tiny ullter person liable for the puynx'nt of tiny nhlittnlion hrrt•in <br />mentioned, and without uftecfaytg the lien to charge of this Dued of trust upon any portion of file Properly not titer or therelutote refetlted m, <br />security for file full arttoun" of all unpaid obligations, Beneficiary may, from time to time and without notice, fir release (Illy 1:i-;son so liable. (11) <br />extend !t:e rnolur ly Or (dtnr any at the carats of any such obliytiiians, (iii) grtntl other indulgences, (iv) release or recorwvy w sou'.,• to he <br />teen. -Ad or reconveyed of any bate at Bcraeficiory's options any purcel, r nrtion ar all al lire Property, (v) take or release any :•rer or udditturlul <br />securily for oily obligation herein mentioned, or (vi) make compositiotrs or rtt, %,j of ru'tgerta..-ts with debtars in relation thereto. <br />14, future Admrrrces. vpo ;z r.t:I,e'�t f,,silstor, Trustee at Ttus. %e's rat !ir_.q ttrim" t(t recnnveyante of fire Properly to Trust or, Wray nu]br' <br />future advances to Truster. Svi.-i . fulure Ounces, will) interest lhcre';n,Tshult be secured by this trust Deed when evidenced by I , M11%Wf y <br />notes staling thou said notes art? secured hetehy; provided that at rto time shall 1hr secured principul, future udvunces, nut includuul munr� ml <br />vonced fo protect late security, exceed an aggregate principul anrount of t_... _ _ ._ <br />20. Recoevairence by Trustee. Upon wrilten request of Bertefir:i'ry 41014119 that (011 rut's secured heteby huve b,-ell pond and ul't'ra "' e, tlt•t <br />of this Heed of ltw and the flote to trustee for cancellation (]fill retenfrort owl (111011 pnpn,cnl by ltustor of trumtrr m free itnOf.f. •.halt <br />fecrnvev to Trustor. or Ih(• persut+nr ti(•rto0s tagnlly errtdted thrtrttr, witlttntl rvt'u,n1►, uuy porrum of file PrnpetIV thw, Itrlil E -44-I' ,,!••t 11w <br />tectluls ill any Inflners or facts mhill[ ho cn111111 ivn pront (it thn tluthluhtntm fiwrent 111p ill i(•t• ,n wt „" <br />ho rfetct tl;ed tit, "111r. 116.0"f ot of It(•t :m1m letrtdly coddled ifrrr elu" <br />t <br />t <br />RA <br />