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F <br />�9 103880 <br />11. Acceleration upon Delwhr Rowmilest Sao. upon default by Trustor in lire payment of or perfornmixe of ilia terms, and conditions of <br />Iho Note, or any renewals, modilkolions or extensions thereof, or the payment of oily other indebtedness secur ed ho ebt, at- Ito the per tut nuntce <br />of any of the convetronts or o9reettrenls Wound". Beneficiary may declare all sums secured hereby immediately due and payable end the same <br />shall Ilwovp rt Wow due and pay" without presentment, demod, protest or notko of any kind. Thereafter. Beneficiary tray deliver to <br />Twslee a written declaration of default and deroond for sole. trustee shall have the power of sale of the Property and if Beneficiary decides tine <br />Property h to be sold it shall deposit with. Trustee this Deed of Trust aid Ilse Note or notes ad any other docuntrents evidencing experAilixes <br />secured hereby. acrd shall deliver to Trustee a written notice of default and election to cause the Propel Iy to be sold, x141 Itustre, ill tarn, -.114111 <br />prepo►e o similar notice in the form required bye law which shall be duly tiled for record by Trustee. <br />(a) After the lapse of such time as may be required by low following the recordation of Notke of Default, and Notice of Default and Notice of <br />Solt having been given os required by low. Trustee, without demand on Trustor. shall sell the Property in one or more parcels and in such order <br />as Trvslor may determine on the duce and of the that and place designated in said Notice of Sale, at public ouclion to Cite highest bidder, the 11111 - <br />chose price payable in cash in lawful money of the United States of the time of sale. The person conducting tine sale may, foe any cause he or site <br />deorns expedient. postpone the sole from clime to time until it shall be completed turd, un every such case, notice of postponement shall be given <br />by public declaration thereof by such person of the fame and place lost appointed for the sole, provided, if the sale is postponed for longer than <br />one 11) day beyond the day designated, in the Notice of Sole. notice thereof shall be given in the some manner as the original Notice of Sole. <br />Trustee shop execute and deliver to the purchaser its Doed conveying'the Property so sold, but without any convenont 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 />limitolion Trustee, may purchase of the sole. <br />(b). When Trustee sells pursuant to the powers herein,. Trustee shall apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of ide (srd of the sole, including, without limitation. the payment of trustee's fees Incurred. which Trustee's Fees shall not <br />in the oW.egatt exceed flit following amounts based upon the amount secured hereby and remaining urtimid: S percentum on the balance <br />thereof, and their 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 sale is by Trustee, or the proper court and other costs of foreclosure and sole <br />if the sole is pursuant to judicial foreclosure. the proceeds of sale shall be applied in the order stated below to the payment of: <br />(1) Cost of any evidence of title procured in connection with such safe and of any revenue required to be paid; <br />12) Attorneys fees: <br />(3) All sums then secured hereby, <br />(4) Junior trust deeds„ mortgages, or other lienholders; and F: <br />(5) lire temainrder, if oily, to Iho person or persons legally entitled therelo. <br />I <br />(d) If the Beenefkkwy of this Deed of Trust-is a bank as defined by Nebraska low, any statement contained in any others secliott•oF this deed <br />n alwtilistonding, the Beneficiary shall not be entitled to receive or take and debtor strait not be obiigoied to pay or give, orc)r judo- <br />mend, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay ihr 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 Boneficiory is not a bank. <br />1-2. Additional Security lasfrtnaetds. Trustor, of its expense, will execute ardl&4,iver to the Beneficiary, promptly upon demand, such sectri- <br />tye 4m1ruments as may be required by Beneficiary, in form and substance sefisfix!c ry to Beneficiary, covering any of fire Property Tooveyed by <br />fii toted of trust, which security instruments shall be additional security fee t'rusfor's faithful performance )of all of the terms, coveaicrr.ts and " <br />condift* oB t64 Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in coax Wion with this trail- <br />swoon. Such instruments shall be recorded or filed of Trustor's expense. <br />13. Appointment of Successor Trustee. Beneficiary may, from fine to time, by a written instrument executed and ockricvtfedged by <br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with tile 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 work mea, are authorized to enter at any reasonable lime upon or' in any parr t .. <br />of the Property for the purpage of inspecting the some and for the purpsse of pvtorming oily of the acts ju is authroized to per forrty under the <br />terms of the Deed of Trust. <br />1S. option it foreclose. Upon the occurrence of any default herreunder. Beneficiary statlfiove,ihe "opttgri )9 toilose this Deed of trust in fi ' <br />the manner provided by law for the foreclosure of mortgages on real property. <br />16. forobiarinn by 4wfiriory Not a waiver. Any forebeorance by Beneficiary in exercisin tiny wr�O orreniOy.hereunder, or otherwise <br />afforded by opplkable tow, - shall not be o waiver of or preclude the exercise of any such right or remedy. lt7cewise, the waiver by Beneficiary of <br />MY default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similo defaults subsequently occurring. <br />. 17. Trositw,,ftiet Released. Extension of -the time for payment or modification or amortitation of the sums secured by this Deed of louse <br />granted by Beneficiary to any successor in interest of Trustor shalt tmt::operate to release, in any manner, ►he liability of the original lruslor and <br />T�ostor'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 />Trustor's successor in interest. <br />18. Beneficiuy's Powers. without affecting the liability of the. Trustor or any other person liable for the pnymenf of tiny abligntirm lipwin <br />mentioned, and without affecting the lien or charge of this Deed of `trust upon oily portion of lire Properly not titers or Ilteretofotc rrlerrsed cis <br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice, M release any person so liable. (ii) <br />extend the maturity or alter any of The terms of any such obligations, (iii) grant other indulgences, (iv) release or reconrvey, or cull-., to he <br />released or reconveyed of any time of Beneficiary's options any parcel, portion of oil of fire Property, (v) take or release oily other or additional <br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. f <br />19. More Advances. Upon request of Trustor. Trustee of Trustee's option, prior to reconveyance of fire Property to Trustor, nioy nmke , <br />future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by pronossory <br />notes stating that said notes are secured hereby. provided that of no tune shall the secured principal, future advances. not includn,g sun,-. nd- <br />vanced to protect the security, exceed out aggregate principal amount of S Al ONAr <br />20. Reeontuyence by Trustee. Upon wr;ffen request of Beneficiary stating that all sums secured hereby Iwve Lr•,•n pmt (111,1 Ul-un S,nrt•nd,'r <br />of this Ueed of Trust and the Note to Trustee for cancellation and retention and up m. payment by Itusie, of T „,Ove'c fort l,u;trr clurll <br />reconvey to Trustor, or the person or persons legally entitled thereto, witltoul wnrrnnty, any portion of the I'rctrerty 1114-11 hold her, ­:lVr M$, <br />recitals in such reconveyance of any matters or facts shall be conclusive proof of fire truthfulness thereof the gr nwee m c:,,, <br />be described as "the person or persons legally entitled thereto” <br />