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89= 02169
<br />11. Aessler+rtiesn Urn Defwkp uwaics: Sao. Upon default by Trustor in the payment of or performance of the to ms and co ndittrms of
<br />the Note, or any renewals. nadfications or extensions thereof, or the payment of any other indebtedness secured hereby or it the performance
<br />of any of the comcnonts or agreements hereunder, Beneficiary may declare ON sums seared hereby irrrnrediately due and pay" and the same
<br />shall thereupon become due and payable witha d presentment, dernad, protest or notice of any kind. Thereafter, Beneficiary may deliver to
<br />Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the
<br />Property is to be sold it shag deposit with Trustee this Deed of Trust and the Note or notes and atlr other Documents evidencing expenditures
<br />secured hereby, and shah deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall
<br />prepare a similar notice in the form regrnre6 by low which shall be duty filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by tow following the recordation of Notice of Default, and Notice of Default and Notice of
<br />Sale having been given as required by hew, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order
<br />cis Trustor may determine on the dote and at the time and place designated in said Notice of Sole, at public auction to the highest bidder, the pur-
<br />chase price payobte in cosh in lawful money of the United States at the time of sole. The person conducting the sole may, for any-cause he or she
<br />deems expedient, postpone the sole from time to time until it shall be completed and, in every such case, notice of postponement shall';be given
<br />by public declaration thereof by such person at the time and place last tented for the sale; provided, if the sole is stponed for longer th&l --,,
<br />one (1) day beyond the day designated in the Notice of Sole, notice thereof shot! be given in the same manner as t�riginol Notice of Sole.
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any convenont or warranty, express, or
<br />irMlied. The recitals in the Deed of any matters or facts shag be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation Trustee, may purchase at the sole.
<br />(b). When Trustee sells pursuant to the powers herein, Trustee shall apply the pro:_•eds of the sale to payment of the costs and expenses of
<br />exercising the power of sole and of the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees shall not
<br />in the aggregate Exceed the following amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the balance
<br />I :)ereof; and then to the items set forth in subparagraph (c) hereof in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b). if the sole is by Trustee, or the proper court and other costs of foreclosure and sale
<br />if the sale is pursuant to judicial foreclosure, the proceeds of sole s5olh be applied in the order stated below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be pnid:
<br />(2) Attorneys fees;
<br />(3) All sums then secured hereby;
<br />(4) Junior trust deeds, mortgoges, or other lienholders; and
<br />(5) Tb,? remainder, if any, to the person or persons legally entitled thereto.
<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 />nrotwitilstonding, 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 oppeer for a borrower in a judicial proceeding or agreement to pay tie 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 />12. Additional Security Instruments. 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, which security instruments shall be additional security for Truster's faithful performance of all of the terms, covenants and
<br />conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this tr( n-
<br />soction. Such instruments shall be recorded or filed of Trustor's expense.
<br />13. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provi-
<br />sions of the applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />14. Inspections. Beneficiary, or its agents, representatives or workmen, ore authorized to enter at any reasonable time upon or in any port
<br />of the Property for the purpose of inspecting the some and for the purpose of performing any of the acts is a1!hroized to perform under the
<br />terms of the Deed of Trust. !�
<br />15. Option to foreclose. Upon the occurrence of any default hereunder, Ben iciary s�ro� the opti , to foreclose this Deed of Trust in
<br />the manner provided by low for the foreclosure of mo•tgoges on real property. I Axuraio T7 rfx.,
<br />16. Forebearance by Beneficiary Not a Waiver. Any forebeaiance by Ecnefi�iory`)tt pi2rciSing aryl righj or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the waiver by Beneficiary of
<br />any default of Trustor under this Deed of Trust stall not be deemed to be o waiver of any other or similar defaults subsequently occurring.
<br />17. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the origirn;! Trustor and
<br />Truster'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 Trustor and
<br />Trusior's successor in interest.
<br />18. Beneficiary's P wers. Without affecting the liability of the Trustor or on: other person liable for the payment of any obligation herein
<br />mentioned, and without affecting 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 tf,e maturity or alter any or the terms of any such ob!igations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be
<br />released or reconveyed of any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional
<br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />19. Future Advances. Upon request of Trustor, Trustee at Trustee's option, prior to reconveyonce of the Property to Trustor, may rnoie,
<br />future advances to Trustor. Such future advances, with interest thereon, stall be secured by this Trust Deed when - idenced by promissory
<br />notes :rating that said notes are secured hereby; provided that at no time shall the secured principal, future advances, not including sums ad-
<br />vanced to protect the security, exceed an aggregate principal amount of S___.______. —._—_•
<br />20. Reconveyonce by Trustee. Upon written request of Beneficiary ctatimg that ols sums secured 4-reby have 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 />recitals in such reconveyonce of any matters or font, -.hot! be conclusive proof of the truthfulness thereof. The grantee in any reconveyonce moy
<br />be described as "the person or.persons legally entitled thereto ".
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