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89...10226 4 <br />11. Aceebretfes IMew Do#@*; Raeedesr Safe. Upen default by Trustor in the payment of or performance of the terms and conditions of <br />the Note, or any renewols, m 6ficotlons or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance <br />of any of the convonionts or agreements hereunder, Beneficiary may doctor* all sums secured hereby immediately due and payable and the same <br />"I thereupon become due and payable without presentment, demand, protest or notke of any kind. Thereof ter, Beneficiary may deliver to <br />trustee a written declaration of defoult and demand for sale. Trustee shall have the power of sale of the Property and if Benertcbary decides the <br />Property Is to be sold it shah deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures <br />secured hereby, and shall 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 required by low which shall be duty filed for record by Trustee, <br />(a) After the kipse of such time as may be required by low following the recordation of Notice of Default, and Notice of Default and Notice of <br />We having been given as required by low, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order <br />as Trustor may determine on the date and of the time and place designated in said Notice of Sale. at public auction to the highest bidder, the pur- <br />chase price payable in cash in lawful money of the United States of the time of sole. The person conducting the sale may, for any cause he or she <br />deenes expedient, postpone the sole from time to time until it shall be completed ad, in every such cost, notice of postponement shall be given <br />by p k%. c declaration thereof by such person at the time and place lost appointed for the sale: provided, if the sale is postponed for longer than <br />one (1) day beyond the day designated in the Notice of Sole, notice thereof shall be given in the same manner as the original Notice of Sole. <br />Trustee shall execute and deliver to the purchaser its Deed conveying The Property so sold, but without any convenant 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, including without <br />limitation Trustee, may purchase at the sale. <br />(b). When Trustee sells pursuant to ft powers heitin. Trustee shall apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the pow of sole and of the sole, inclong, without limitation., the payment of Trustee's Fees incurred, which Trustee's Fees shall not <br />p <br />in the aggregate exceed the following amotAts based uon the wr*v tf secured hereby and retry Cn,-. g; unpaid: 5 percentum on. the balance <br />thereof; and then to the items set forth in subparggroph (c 1. hereof in Ore girder therein stated. <br />(cf. After paying the items specified in subpaagraph f.4i, �.f the sale isby Trustee, or the proper cdoit and other casts of foreclosure and We <br />if fhe,sole is pursuant to judicial foreclosure, the proceed, of safe shoi1 be applied in the order stated below to the payment of: <br />(1) Cost of any evidence of title procured- in connection with such sde and of any revenue ri% *-ed to be paid; <br />(?) Attorneys fees: <br />(3) All sums then securedf*rehy: <br />(4) Junior trust deeds, rtmrty"s, or ether lienholders; and <br />(5) The remainder, if any, to the persertor persons legally entitled thereto. <br />(d) If the Beneficiary of this Deed of Trust is a 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 />0 ca!'- -.4tt,S of fl* attcr- o foci. unbars siinfi vuta of iSltwari;or. i ouIsIV a. at of he- a_ r.• 1 • •,- a_ --,.- a_ .. n__ �_� �. , <br />►� ICt �Mi�C t/C �rt�ttibitQtF by Yom uMU lum. Provided, t,mwtv&► 40i <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 o bunk. <br />1 2. ANills - Sec"y lestrveovab. 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, inform 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 prarrissary notes secured hereby. and any other security instruments executed in connection with this tran- <br />saction. Such instruments shall be ceccrdet. or IF ifed at Trrtstor's expense. <br />13. Appeinfweef of Swecessw T:roitien, Beneficiary may, from time to time, by a written instrument executed and acknowledged by <br />Beneficiary, mailed to Trustor mad recor"` i 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 Stott 'if Nebrosko, substitute a successor or successors to-the Trustee manned herein or acting hereunder. <br />14. Inspedleas. Beneficiary, or its agents, representatives or workmen, are oufhorized to enter of ii�es ble time upon or in ony part <br />of the Property for the purpose of inspecting the some and for the purpose of perfa1,y mg any of f is ad hroi:ed to perform under the <br />terms of the Deed of Trust. rt +?/lftMI40 40 .. <br />15. Option to Foreclose. Upon the occw.ccence of any default hereunder, Benefici sli0ltaos1twoption to foreclose this Deed of Trust in <br />the manner provided by tow for the foreclosure of mortgages on real property. <br />16. For to by ieeefiiciwy Not a Waiver. Any forebearance by Beneftuartr irr exercising any right or remedy hereunder, or otherwise <br />afforded by applicable low. shall not be o waiver of or preclude the exercise of ucry-such right or remedy. likewise, the waiver by Seneficioryoll . <br />any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring.' <br />17. Trader Met Roktesd. Extension of the time for payment or.mc;l fication or amortization of the sums secured by this Deed of Truest <br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original 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 treed of Trust by reason of any demand made by the original Trustor and <br />T►ustor's successor in interest <br />18. •esellkiesy's Powers, Without affecting the liability of the Traitor or any other person liable for the payment of any obligation herein <br />mentioned. and without affecting the lien or charge of this Deed of 1"ru5t upon any portion of the Property not then or theretofore released as <br />security for the .f61) amount of oil unpaid obligations, Beneficiary may from time to time and without notice, (i) release any person so liable, (ii) <br />extend the marGwity or.al'rpr. ony of the terms of any such obligat+oni, (iii) grant other indulgences, fiv) release or reconvey, or cause to be <br />released or rKr;nxeyed o.r'ony time of Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional <br />security for 6rralVigctioo,herein mentioned, or (vi) make compositions at other arrangements with debtors in relation thereto. <br />19. Meret}ftretace =„ tlper► request of Trustor, Trustee at Trustee's option, prior to reconveyance of the Property to Trustor, may make <br />ruture advances tp Trustoo, Soch future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory <br />`' notes stating tho 6ath'rraies ore secured hereby: provided that of no time shall the secured principal, future advances. not including sums ad- <br />vanced toprot,ect the security, exceed on aggregate principal amount of S <br />L, 70. Ret:errrsywrce by Tastes. Upon written request of Beneficiary stating that all sums secured hereby have been paid and upon surrender <br />of this Deed of trust and the Note to Trustee fair cancellation and retention and upon payment by Trustor of Trustor s fees Trustee shall <br />reconvey to Trustor. or the person or persons legally entitled thereto, without warranty. any portion of the Proper ty then held hereunder the <br />recitals in such rntonveynttfe of any matters or fads shall be corx.lusive proof of the ttuthhdness thereof The grnnrer• ut fifty reronveynnre mtty <br />rte described as the person ur pettons logaity ettlitied thereto <br />I lit- <br />