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<br />of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the
<br />sale; provided. If the sale Is postponed for longer than one (1) day beyond the day designated In the notice of sale, notice
<br />thereof shall he given In the some manner as the original notice of sale. Trustee shall execute and deliver to the purchaser
<br />Its Deed conveying the Property so sold, but without any covenant or warranty, express or Implied. The recitals in the deed
<br />of any matters or acts shall be conclusive proof of the truthfulness thereof. Any person. Including Beneficiary, may pur-
<br />chase at the sale.
<br />(B) When Trustee sells pursuant to the powers herein, the Trustee shall apply the proceeds of the sale to payment of the
<br />costs and expenses of exercising the power of sale and of the sale, Including the payment of the Trustee's fees actually
<br />Incurred, which Trustee's fees shall not In the aggregate exceed the following amount based upon the amount secured
<br />hereby and remaining unpaid; S parcentum on the first $1,000 thereof. 1 percentum on the balance thereof and then to the
<br />Items in subparagraph (C) in the order there staled.
<br />(C) After paling the items specified In subparagraph (B) 0 the sale Is by Trustee, or the proper court and other costs of
<br />forecloture and sate If the sale Is pursuant to Judicial foreclosure, the proceeds of sale shalt be applied in the order stated
<br />to the ipayment of:
<br />(y Cost of any evidence of title procured In connection with such sale and of any revenue stamps,
<br />(11) All sums the secured hereby;
<br />(Ill) The rematridw, it any, to the person legally entitled thereto.
<br />13. Duties and Oblllgatlons of Trustees. (a) The duties and obligations of Trustee shall be determined solely by the express
<br />provisions of this Deed of Trust, and Trustee shall not be liable except tot the performance of s ucn duties and obligations as
<br />are ape+rila --ally set forth herein, and no Implied covenants or obligations shall be Imposed upon Trustee. Ux +,to provisions of
<br />this Dean of Trust shall require Trustee to expend or rift Its own funds, or otherwise incur any financial olud•patton In the per-
<br />formance of any of its duties hereunder, or In the exercise of any of Its rights or power, If it shall have grounds fmf bVieving
<br />that the fepayntent of such funds or adequate Indemnity against such risk or liability is not reasonably assured to IC Ic)
<br />Trustee may consult with counsel c+f Its own choosing app, the advice of such counsel shale bo full and complete authorization
<br />and protec'11on in the respect C,lt ar)� action takes, of suffered by It hereunder Ir gaod faith and reliance thereon; (d) Trustee
<br />shall not be liable tot any alction taken by It in goad faath and reasonably believed bb it to be authorized or within the discrotlon
<br />or rights and powers conferred upon It by this Deed of Trust
<br />14. Additional Security Instruments. Trustor, at Its expense, will execute and deliver to the Trustee promptly upon demand,
<br />such security Instruments as may be required by Trustee. In form and substance satisfactory to Tru .te covering any of the
<br />Property conveyed by this Deed of Trust, which security Instruments shall be additional security for r• stor's faithful perfor-
<br />mance of all of the terms, covenants and conditions of this Deed of Trust. the Loan Agreement, any promissory notes secured
<br />hereby and any other security Instruments executed in connection with this transaction. Such Instruments shall be recorded
<br />or flied, and re-recorded and tooled, at Trustor's expense
<br />15. Miscellaneous.
<br />(A) In the event any one or more of the provisions contained in the Deed of Trust, or the Loan Agreement or any promissory
<br />note, or any other security instrument given in connection with this transaction, shall for any reason to be held to be In•
<br />valid, illegal or unenforceable in any respect, such invalidity, Illegality or unenforceabilily shall, at the option of
<br />Beneficiary, not affect any other provision of this Deed of Trust, that this Deed of Trust shall be construed as if such in.
<br />valid, illegal or unenforceable provision had never been contained herein or therein.
<br />(8) This Deed of Trust shall be construed according to the laws of the State of Nebraska.
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<br />(C) The Deed of Trust shall Insure to and bind the heirs, legatees, devisees, administrators, executors, successors and
<br />assigns of the parties hereto
<br />(D) Trustor shall pay all taxes levied upon this Deed of Trust or the debt secured hereby, together with any other taxes or
<br />assessments which may be levied against the Trustee or Beneficiary or the legal holder of the Loan Agreement on ac-
<br />count of the Indebtedness evidenced thereby.
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<br />(E) Whenever used herein, the singular number shall Include the plural, t he plural, the singular, the use of any gender shall be
<br />applicable to all genders, and the term "Beneficiary" shall include any payee of the Indebtedness hereby secured or any
<br />transfer thereof, whether by operation of law or otherwise
<br />18. Successor Trustee. Beneficiary may from time to time substtlue a successor or successors to any Trustee named herein
<br />or acting hereunder to execute this Trust Deed. Upon such appointment and without convenyance to the successor Trustee,
<br />the letter shall be vested with all title, powers and duties conferred upon any Trustee herein named or acting hereunder. Each
<br />such appointment and substitution shall be made by writtwn Instrument by Beneficiary, containing reference to this Deed of
<br />Trust and its place of record, which when recorded In the office of the Register of Deeds of the county or counties in which
<br />said property 1s situated, shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of
<br />substitution and the procedure therefor shall not be exclusive of the power and procedure provided for by law for the substitu•
<br />tion of a Trustee or Trustees in the place of the Trustee or Trustees named herein
<br />17 FolMaranae by Beneficiary or Trustee Not a Waiver. A forbearance by Beneficiary or Trustee in exercising any right or
<br />remedy hereunder, or otherwise afforded by applicable low shall not be a waiver of or preclude the exorcise of any right or
<br />remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of eny result of i rosier uncer trills Deed of Trust ahreii irvi lie
<br />deetneff to be a waiver of any other or similar defaults subsequently occurring.
<br />18. Tfvolor Not Rsleesed. Extension of the lime for payment of modification or amortuaiion of the sums aecurrr ty it"
<br />Deed of Trust Qrantsus LAY Benefrcfa:y tr1 AMI D -jCre!)3of In ir,iProg! of Trustor shall not operate to release. in art. r•ar, •$r. the
<br />fdalbl:lity of the original Trustor ,a ric',,Uslor S Inierese E4eaef iclary shall not be required to commence j.!"e IdIng9
<br />agawnsit ss►Ch successor or retusi V extend time for ((Hat /raver or Otherwise mov:ty amortization of the surtis secured by the
<br />DoW oil 'rust by reason of any demand made by the cvr;y.na► Trustor and 11rusrous successors in interest.
<br />19. Optlett to Foreclose. Upon tlho occurrence of any default fereunder Be"f,c,ary shall Lave the option to ferret i:•se this
<br />Deed of Trust in trim manner provided by raw for the forectosure of n,orlgages .,)n rear t),Cre•,'v
<br />20 Trllasor's Rfyhle. Absent Default. Until any defauit •n tM hereby secufe4 r, i,rtr. 1f^k 3)re8ch of
<br />any covenant herein contained. the Trustor -Is successors and assigns sha,• possess a^ n e'*7.4y • p toT.iDerty anej Peceive the
<br />�Y
<br />rvfNs end profits thefelrun► Upur► pay►nwnt of &I► sums s►►n units by Irlis Dee(1 vI Tiu+ir t4erof -'air shall rNG„as:
<br />reconvey the properly and shall surrender fhis Deed of Trust and .tit notes and 1 oan A4rrw.menta f+voenCing ^rti)t ,'p(lness
<br />secured by the Deed of Trust to Trustee Trustee shall reconvoy the prol,erty without warrar,iy and without r.hafge to INA heir
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<br />sons legally entllled thereto The Grantee in any reconviryani r• may be rleschtwd as trip porym r,r lwrson9 Nntitled thf•r.Ho
<br />and the re(;llals therein or any matters or facts shall be cons lusive proof ((f the truthfulnes% thomot `,u( h t,Hrgnn or pnrti(n�
<br />shall pay all rosts of rocordinp. it any
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