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<br />89-� 103883
<br />11. AceehretMn Won Belau; Remetfifl; Sete. upon default by Trustor in the payment of or perloinfame of site terms arcs comdiliolis of
<br />The Note, or any renewals. modifications or extensions thereof, or the payment of any other indebtedness secui edheo eby or in the pct (oon►ance
<br />of ony of the convenonts or agreements hereunder, Beneficiary nifty declare all sums secured hereby immediately due awl puyable mxl Ilm sume
<br />shall thereupon become tutee act payable without prestntmenl, denlartd, protest or notice of any kind, Thereafter, Deneficlu►y nary deliver to
<br />limle t a written declaration of default and dilmond for dote. Trustee shall hove the power of sate of the Properly mid it Beneficiary decides file
<br />property is to be solid it shall deposit with Trustee this Deed of Trust and the Note or notes mid any other docurrnents evidencing exl"Idiftnt s
<br />secured hereby. and shall deliver to Trust" a written notice of defuult and election to cause ilia property to be soli, arid It ustre, in lut it. shalt
<br />prepare o shelter notice in the form required by low which shill be duly filed for tecor d by Trusinet.
<br />(o) After the lapse of such time as may be required by low following the recordation of Notice of Default, and Notice of Default and Notice of
<br />Sole hoeing been given as required by low, Trustee, without demand on Trustor. shall sell the Properly in one or more parcels and in such order
<br />as Truster may determine an the date and of the brae and place desiq►ated et said Notice of Sale, at public auction to file highest bidtfer. life par
<br />chase price payable fn cosh in lawful money of the 1)nitfed States at the time of sole. The person conducting the sole may, for any cause hie or site
<br />deems expedient, postpone lite sale from time to firms until it shall be completed and, in every such case. notice of postponement shall be given
<br />j by pubilc declorolion thereof by such person at the time and place last appointed for the sole: provided, if the sole is postponed for longer than
<br />one (1) day beyond the day designated in the Notice of Sale, notice thereof shail'be given in the some manner as the original Notice of Sole.
<br />Trvslee shill execute and deliver to the purchaser its Deed conveying the Properly so sold, bill. without any convetiont or warranty, express, or
<br />implied. The recitals in the Deed of any matters or focis shall be conclusive proof. of the truthfulness thereof. Any person, including without
<br />+ liatitolion Trustee, nay purchase of the sole.
<br />(b). When.Trustee sells pursuant to the powers herein. Trustee shall apply the proceeds of life sole to payment of the costs aid expenses of
<br />exercising thillpower of sole'and of the sole. including, without limitation, the payment of Trustee's Fees incurred, which Trustee's fees shall lief
<br />in the oggrepfrr exceed the. following amounts based upon the ampunt, secured hereby and remaining unpaid: S percentum on the balance
<br />thereof; and iW to the itenrs. set forth in subpora roph:(c) hereof in the order therein stated.
<br />. (q) After paying flit itenrs specified in subporogropli.(b). if the sale is by Trustee, or the proper court acid other costs of forecloswe mid sale
<br />it the tote is pursuant to judicial foreclosure, the proceeds of sole shall be applied in the order stated below to life payment of:
<br />(1) Cost of any evidence of title procured in connection with such sole and of city revenue required to be paid;
<br />(2) Attorneys fees;
<br />i3& 1!!1) sums then secured hereby;
<br />(dg jwtiw trust deeds, mortgages, or. ether lienholders; and
<br />(S) thelretnainder, if arty, to file pers(mor persons legally entit- led. Illerelo. -
<br />(d) If file Beneficiary of this Deed of Trust is a bank as defined by fi'ebroska low, city statement contained iu.ony other section of r(fis dl..Vd.
<br />notwithstanding, file Benefit xy shall not be entitled to receive or take acrd debtor shall riot be obfignted to IN)y or give: any confession of jznicr-
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<br />......t .r". e f affe•!My to � .fse j�Wepenf, rnnwer of of tiwnny to cTlyour for a hottowrn ir► a.jusficuil.ntaccedina or ameen►eut to pay the costs
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<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 shalt riot apply to this Deed of
<br />Trust, if the Beneficiary is riot ,abank.
<br />12. Adtlitisael Secsrityaestt�antents. Trustor, at its expense. will execute and deliver to the Beneficiary, promptly upon demand, such securi-
<br />ty instruments as nay be required by &nefitiory, in form and substance satisfactory to Beneficiary. covering any of fife Property conveyed by
<br />this Deed of Trust, which securifyinsiruments shall be additional security for Truster's faithful performance of all of the terms, covenants and
<br />conditions of this.Med of Trust,,the promissory totes secured hereby, and any other security instruments executed in connection with this trail-
<br />SMIkh. Such Instruments xEdLberecorded or tiled of Trusfor's expense.
<br />13. Appointment of Sttctreszor Trustee. Beneficiary tray, from time to tinge, by a wrillen inshumeitf• executed and ucknowleutjcd by
<br />Beneficiary, tnaled to Truster and recorded in the county or counties i►r which the Property is tocvted and by otherwise complying with the provi-
<br />sions of the applicable lows of the State of Nebrasko, substitute a successor or successors lathe trustee named herein or acting hereunder;.. •
<br />le, inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in, cf7T{• pyre,
<br />of the Property for the purpose of inspecting the some and for the purpose of pector anyakMte tKliMi: authrrized toper form unAffai -11)
<br />+id i:t+l! +b tiliit s:; i r� 3
<br />terms of the OeLfaf Trust. +
<br />Is. Options lo'foreclose. Upon the occurrence of any default hereund' • M o foreclose this Deed of Trutt in
<br />f1w.,panner provided by law for the foreclosure of mortgages on opal p) 01111
<br />.16. Forebeerenee by leneficiory Not a Waiver. Any forebearonce by Beneficiary in exercising any right or..reniedy lies ponder, or ulhprwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, file waiver by Beneficiary of
<br />any default of Truster under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequenity occurring.
<br />17. Trester, Not Released. Extension of the time for payment or modification or amortization of life sums secured by this Deed of Irusf
<br />granted by Beneficiary to any successor in interest of Truster shall not operate to release, in any manner, file hnhility of the original lrustat and
<br />Truster's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend tilill? far
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand mode by the original Truster and
<br />Truster's successor in interest.
<br />ld. •eaefieiery's Powers. Without affecting the liability of file Trustor or any other poison liable for the payment of fifty ubligulioll hr•rrvn
<br />mentioned, and without affecting life lien Or charge of this Deed of Trust upon any portion of the Property not then or Ihelelolo a released u;
<br />security for the fullan►ount of oil u unpaid obligations, Beneficiary inoy, from lime to rinse and without notice, (i)releose any person so linhtr•. (6)
<br />extend the rr►ofurily or otter any of file terms of any such obligations, (iii► grunt other indulgences, hv) releoss, or recol+vey, at noise ra be — - --
<br />releosedor reconveyed of any finical Beneficiary's options any parcel, portion or allot the Properly, (v) take or teleacp uny other or addrliaud
<br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto
<br />19. Malre Advances. Upon request of Trustor. Trustee at Trustees Option, prior to recenveyance of the Property to flucto:• may rllnle
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<br />future odvorces to Trustor. Such future advunces, with interest thereon, shutl be secured by tfos Trust Deed whrn evl,h•nted by p,t'mttt:!!i
<br />notes stating tllnt said notes ore secured hereby; provided that at no to :le shall lice spouted prtrlcipul, future ndvnnt es riot uuludtlt :t .our. nJ
<br />Lvurxed to ptoiect the secutily, e+tcped nygregme ptincipat amount of S
<br />20. ftecaevevenee by Trrostee. Upon written request of Berlefn tut y slotutg flint oil s!,n+s ;Coif ed i 'for et,fl htive 1!rp!t I ill t ,uf,i r p• ft curie n L
<br />of this €led of (lust and the dote to lrustee for concetlultrnr nail relenhbn anti air n n:•ryutr•nl Iry Irr•'lOt of Inn•. +.•. Ir•r Ir.,•+,•r• •L.i'1
<br />/etc-avey to fruslor, or the person 6r petSOns leg•r{ly enr,rled till fern, wrllmill a!+Irnn +y nut pr.r lu• r pf rLr• sift ; • ! +r 'Lr••• Y,.•' 1 I., f,• ,,. t,,, !l .•
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<br />to :ltuls uislchreC!rr +bynn,l►of nnlf nraltersPr farts shall lie rn11110%r4e plant of rhn lttrlhfl!'•!r+tt tls, rnl!r Mp q•. nrr., •n , rr „p, •r •, r ,,, �� `
<br />bt- oes�rllv,.1 m. 11W lipsscll r,r l;Crsr.n, ieu,1111 v fill fied I lies aIU
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