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<br />89— ia3738
<br />11. AetehtaUea Ypett frfefwlft htetaelleet Selo. Upon default by Trustor in the payment of or performance of the terms and conditions of
<br />the Net#, or any renewals, modifications or extensions thereof, or the payment of any other Indebtedness secured hereby or in file performance
<br />of any of the convenonts or agreements hereunder. Beneficiary may declare all sums secured hereby immediately due and payable ord the saute
<br />slap thertltpent ttetwtte flue aced payable without prtseMtt►ent. demtond, protest or notice of any kind.. Thereafter. Beneficiary may deliver to
<br />' Trot#@ is w rhea docloratim of default and derttotsd for sole. Trust@# shaft have the power of sale of the Property and if Beneficiary decides the
<br />Property is to be sold h shall deposit with Trust## this Dead of Trust and the Not* or notes ofd any other documents evidencing expenditures
<br />secfad 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 WmIler notice in the farm required by law which shall be duly filed for record by Trustee.
<br />(o) After the bps@ of such time as may be required by law followitq the recordation of Notico of Default, and Notice of Default and Notice of
<br />Sale hwM1 been given as required by low, Trustee. without defend on truster, shoN sell the Property in one or more parcels and in such order
<br />as TrwW trey determine an the dote and at the time and place designated in sold Notko of Sol#, of public auction to the highest bidder, the par.
<br />chase price payabe in cash In lawful money of the united States of the limn of sole. The person conducting the sale may, for any cause he or :he
<br />deems ottpediem, postpone the sole from time to time until it shah be completed and, in ivory such case, notice of postponement shall be given
<br />by public decbretion thereof by such person of the time and place last appointed for the sale; provided. if the sale is postponed for longer than
<br />one (1) toy beyond the day designated in the Notice of Sole, notice thereof shall be given in the some marcher as the original Notice of Sole.
<br />Trustee sW execute and deliver to the purchow its Deed conveying the Property so sold, but without any convenont or warranty, express, or
<br />implied: ft recitals in the Deed of. any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br />"tali" TMsteo, nay purcbose all the sale.
<br />(b). Wh m Trustive-solfs.pursuant to As powerslerein, Trustee'sholl appiythe proceeds of the sale to payment of the costs and expenses of
<br />exercising the power pt Sale and of the sole, including, without limitation, tht94raMit., of Trustee's Fees incurred, which Trustee's Fees shall not
<br />in the egBrepfe exChlid the following amounts based upon the amount secUiecf hell=+ and remaining unpaid: 5 percenium an the balance
<br />thereof: oral than to the items set forth in subparagraph (c) hereof in the order therein st-ul ifd.
<br />(c) Afros' paying the items specified in subparagraph (b), if the sale is by Trustee, or ilia proper court and other costs of foreclosure and sole
<br />if the sole is pursuant to judicial foreclosure, the proceeds of sole shall be applied in the order stated below to the payment oft
<br />R. f of any evidence of title: procured in connection with such sale and of any rQeairini required to be paid;
<br />i2P Alllorneys fees,
<br />(3) All sums then secured hereby;
<br />(4) Junior trust ¢e#ds; mortgages. or other lienhotders; and
<br />(S) The remoinder, if any, to the person or persons legally entitled thereto.
<br />_- (d) If the Beneficiary of this Deed of Trust is a book as defined by Nebraska low, any statement contained in any ether caetinn of this dond
<br />notwithstanding, the Bwwfkkwy 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 octs of collection would not otherwise be prohibited by N@tunskn low. Provided, however. that
<br />fids.seCtion.does not apply to the Trustee fee referred to in paragraph 6 (b). Provided furttses-. that this paragraph shall not apply to this Deed of
<br />Trust, if fete Beneficiary, is not a bank.
<br />12. Additieeel Secw ty. MetrwNests. Trustor. at its expense, will execute and deliver to the Beneficiary; pro"#.Ty upon demand, such securi,
<br />. ,.: ty.irtstntnertts as mct.btertegttired by Oeneficiary ;.im form and substcurti f t4risfactory to Benefidory, cbrer51..s ;al the Property conveyed btu
<br />this Deed of Trust, which security instruments shall be odditionW:iecurity for Trustor's faithful perfornicrrce k ;cal 1.4b the terms, covenants and
<br />Eonditions oY this Deed of Trust, the promissory notes secure6.1ilireby, and any other security instruments execu* 9th connection with this tron'-
<br />t' 'section. Such instruments shall be recorded or filed of Trustor'i-itnpense.
<br />13. AppohMaeet of Successor Trustee. Beneficiary may, from time to time. by a written inslrinnenf executed ouch acknowledged by
<br />;.:.hi&wfkiory, nailed to Vustor and recorded in the county or cowiies in which the Property .is located and by otherwise complying with the provi-
<br />sions of the,opplicable lows of the State of Nebraska, substituft' 'o successor or successorx t'h7 the Trustee named herentor acting hereunder.
<br />14. bs*tlem. Beneficiary, or its agents, representativei ck workmen, ore outhorized-to enter at any reosow.'.d a 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 fire acts it is outhroized to perform under the
<br />terms of the Deed of Trust.
<br />1S. Qptiw to Foreclose. Upon the occurrence of any de Eon;ed� w*r,,Benefi ckwy.�hall'hove the option to for "lose this Deed of Trust in
<br />the momw.provided by low for the foreclosure of mortgage roperty.
<br />16. Rr#beeteoce by Boaerkilary Not a Waiver. Any for by Beneficiary in-t►xercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be o waiver of or preclude the exercise of'ony.sueh right or remedy. likewise, the waiver by ieneficiary of
<br />any default of Trustor hander this Deed of Trust shall not be deemed to be o waiver of any other or similar defaults subsequently occurring.
<br />17. Treater Not f leetei. Extension of the time for payment or modification or antortizotion of the sums secured by this Deed of frost
<br />granted by Beneficiary to any successor in interest of Trustor shalt not operate to release, in any moaner, the liability of the original Truster 01x1
<br />Trustor's PAcessor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for
<br />poyaeM or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustar acrd
<br />Trustor's successor in interest.
<br />Ili. Benefieintry'#.htuers. Without oifecting the liability of the Trustor or any other person liable for the payment of any obligation Irereill
<br />ax#ntioned, OW without olfectkV the lien or ctnorge of this Deed of Trust upon any portion of the Property not then or theretofore released (is
<br />~icy for the full amount of oil unpaid obligations, Beneficiary may, from time to time and without notice, fi) release any person so liable. Ili)
<br />extend the maturity or alter any of the terms of any such obligations. (iii) grant other indulgences, fiv) release or reco vey, or couce to he
<br />refeesed or r#cenvey&d of any time of Beneficiory's options any parcel, portion or all of the Property, f v) take or release any ofaer or additional
<br />security for any obligation herein mentioned, or (vi) moke compositions or other arrangements with debtors in:eiation thereto.
<br />14. Filets Advances. Upon request of Truster, Trustee of Trustee's option, prior to reconveyance of the Property to Trustor, nay make
<br />tutor& odooncts to Trustor. Such future odvonces, with interest thereon, shell be secured by this Trust Deed when evidenced by promissory
<br />M" sfeling that said notes ore secured hereby; provided 11-ml of no time shall the secured pritxrpol. future not rncludniq sums ed•
<br />varKedteprotecf the setunty, exceed on aggregate principal omour:t of S„
<br />20. Reattv#yenme by Trustee. Upon written request of Beneficiary stating that oil sums secured hereby Fave been pdfd. a:id uvon surrender
<br />Of this Deed of tryst erg the Note to trusts* far cancellation and retenlicn and urrnn anyment by Tiustor of Trustees lees Trustee Ofol
<br />reeer,.ey to Trustot, or the persz:a Gt persons legally tntittej thereto, withou► warranty any portion of flip Fr('periv ltte,i hel(t Irpreunrter 11,K
<br />re:.fais 11 such teLC :.er•�rcF of Cif/ rr'11ferS cr tolls shot be eoncluis ve proof of Me trulhlufnwis thereof The gr(,ntnn n rrir Ti
<br />be dtlEr'tp j us ' t`'& Elsa S`,ri r..- �.i "' :. : !! �!2��r Cntrtl! ".: theretrl..
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