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r <br />90-105690 <br />11. Aseel Nft *0 0 k 11111 111eereieeI M. Upon default by Trusts in the payment of or performan ct of the terms and conditions of <br />the Note, or any renewals, modifications or extensions thereof, or the P"ffw" of o" other indebtednesti secured hereby er in the performance <br />of any of the toflvenants or ogreemeMS hereunder, &Mickory may declare all sums secured hereby immediately due and payable and ter sane <br />shall thereupon become due oral payable without presen wind, demand, protest or notice of any kind. Thereafter. Beneficiary may deliver to <br />Trustee n written deektration of default oral 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 shall deposit with Trustee this Deed of Trust and the Note or rates and any other dawnints evidencing experdilt ros <br />sKwW 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 />ptepan a sitrfilor notice in the form required by law which shell be duly filed for record by Trustee, <br />lal After the ktpse of such time as may be required by low following the retardation of Notice of Default, alntd 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 Trustier may determine an the date and at the tints and place designated in said Notice of Sole, at public auction to the highest bidder, the pur- <br />chase price payable in cash in lawful money of ter United States of the time of sale. The person conducting the sale may, for any court he or she <br />deems irgped6w, postpone the sole from time to time until it shall be coapleted 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 appointed for the sale, provided, if the sole Is postponed for longer than <br />one (1) day beywd the dory designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Soft <br />Trustee shall execute and defiwer to the purchaser its Deed conveying the Property so sold, but without any camenont or wworronfy, express, or <br />implied. The recitals in the Deed of any natters or facts shop be conclusive proof of the truthfrn ms thereof. Any person, including without <br />limitation Trustee, my purchase at the sole. <br />(b). When Trustee sells pursuant to the powers hr-min, Trustee shall apply the proceeds of the sole to payment of the costs and expenses of <br />exercising the power of sale and of the sole, including, without limitation, the paynsuent 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 remoinittg unpaid: S pe►certtum on the bolonce <br />thereof; and then to the item set forth in subparagraph (c) hereof in the order therein stated. <br />(c) After paying the items specified in subparagraph (b), if the. sale is by Trustee, or the proper court and other costs of foreclosure and sole <br />of the sale is pursuunt to wdicial foreclosure, the procteds of-sane %death be applied in the order stored below to tine payment of. <br />(1) Cast of any evidarce of title procured in connection with such sale and of any revenue required to be paid; <br />(2) Attorneys fees; <br />(3) All sums then wc•:red hereby, <br />(4) Junior trust deeds, mortgagt:s, or other lianholdrrrs, and <br />(S) Tite "remainder, if any, to the person or persons legally ewitled thereto. <br />(it) 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 />"nofwathstmnding, the Beneficiary shall not be entitled To :•eeeive or take and debtor shall not be obligated to acs,, or give; any confession of .;udg- <br />i <br />Mont, Po wer of attorney to confess lodgment, power of attorney tn; %prwr for a borrower in a wdicial praceecimg or agreement to goy the costs <br />of collection of the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebrosko law. Provided, however, that <br />this section does not apply to the Trustee fee referred to in paragraph t nib). Provided further, that this paragraph shall not apply to this Deed of <br />Trust, if the Beneficiary is ;tat a bank. <br />12• 11t10t1 eeef Slow MI ieeleuetettb. Truster, at its expense, will execute and deliver to the Beneficiary, praatptly upon demand, such, ss:urn- <br />ty instruments as may be required by Beoseficiary, in form and submorue satisfactory to Beneficiary, covering any of the Property convoyed by <br />— <br />this Deed of T runt, which security inst uv*nts shall be additional se, vrity for Trustor's faithful performance of all of the •erns, covenants and <br />' <br />conditions of this Deed of Trust, the promissory notes secured hereay, and any otter security instruments executed in comection with this Iran•- <br />- <br />soction. Such instruments shall be recorded or filed at Truster's expense. <br />13. Appoitheewf of lincaeer Trustee. Beneficiary may, from tone to time, by a written instrument eeeetteenl�ed ackeewfedg�tM <br />Deneficia!ry, mailed to Trustor and recorded in the county or counties .n which the Property is located and by ovi•f <br />lions of the applicable laws of the State of Nebraska, substitute a sicecessor or successors to the Trustee named IWrei <br />I now ,. <br />14. lisp edieee. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any ressenable tons," erroriRony pert - <br />of the Property for the purpose of inspecting the some and for the purpose of performing any of the acts it is outhtratzed to perform under the <br />terms of the Deed of Trus 1._ <br />1 S. gplim ft Feredeee. Upon the occurrence of any default hereunder. Beneficiory shall Az-te the option to foreclose r'nrs Deed of Trust in <br />the ttlanllerr wousiled b law for the foreclosure of morn <br />y gages on reel properly. <br />16. is sli rises by Sin ficiory Net a weivee. Any forebearance by Benefrcrorll in exercising any right or remedy hereunder. or otherwise <br />of(ordsd by applicable low. shall not be a waiver of or preclude the exercise of any such right or remedy. likewise. the wc,.er by Beneficiary of <br />' any defouit 0 Truster under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subwgver:?ri occurring. <br />17, Tnxdty NO Belessed. Extension of the time for payment or modification or ado ,rr r`,zn of the sums secured bs -is Deed of Trust <br />granted by I'9arteficiary to any successor in interest of Trustor shall not operate to refeaw. a xis. manner. the Isobihty of the ornginoi i1r,• • r and <br />Tsusiu -s successor in reinvest. Beneficiary shall not be required to commence pr :.,c*4 (1o9% rgomst such successor or refuse to ettend r'rr:.c `Or <br />payment or otherwist rrtaiii'r amortization of the sums secured by this Deed of fewscr biy•rgta , of any demand male by the original Trus,•cy •sna <br />Trustee's successor in interest. <br />18. 8 OficiteIso Pewere. Without affecting the liability of me Tr•ustor or any other pwit„ • mble for the payment of any obligation hrrr,„., <br />mentioned. and without aNectina the loan or choreo of thrc flood nf trrr.t , r .,,., ,,.,.•..,.. c! ,,... o....,_......,...w <br />security for the full amount of all unpoid obligatioaK. bwoficiory may, from rant to trine and without notice (r) release any person so Noble 1 rr 1 <br />extend the ngfurity or alter any of the terms of my such obligations, (n11 grant other in&Agerxe% (iv) releoSe ar reconvey or cause 10 bit <br />released or reconveyed at any time rev flenetresory "s options any porcei, portion or all of the Property 10 take or relea %e any other or oddrt,ontu <br />security for any obligotionherem rnentconed, or (vr' make compositions or other arrangement; with debtors in relation thereto <br />T— <br />19. Felon Atbeescee. Upon request of TrusNv- 'Trustee of Trustee s option prior to reconveyonce of the Property to Truster may mU4 n <br />future advances to Truster Such future odvances. with interest thereon, shall be secured by this Trust Dees when evrderwed by prounssory <br />notes stating that said notes are secured hereby. provided that at no trine shall the secured pmcrpal future advances not rncludrrtq sure% nd• <br />wanted to protect the security, exceed on aggregate principal amount of S 7 5 . U(lU . UU <br />20. 111stesweyee0 by Trustee. Upon written request of BeneficvXy %toting shat all wm% see., +ed rwreby tare bran pool rr•t uvu-r %urrender <br />of this Deed of Trust and the (Mote to Trustee for cancellation and retention orrd irpon vo,riwnt br Tr„ {h„ rrf Trvoev c so. , I• -of.. ., a I <br />reconwey to Trustier. or the person or pe*wns kooky entalwf thereto without •.orrmty „n, r.,.t, r, rut one Vrc.lfrty tt*-n ►w- %i •.•:..,,1� 'r . <br />^. <br />recitals IQ sur.hreconveyance of any niatters, or faCt% S"if b (,,ru IJSrveproof fit the truthtu -rf{S rlr.•.:,t Therj•r,•,rr•Q ,,..,•i, •,... <br />be described os the person or persons legally entitled t1wet0 <br />r <br />.. , ,, <br />01 <br />