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1 <br />as • <br />.1 - <br />10392 <br />11. Aceelonflon Upon Default; I smAdtest Sale. Upon default by Truslor in file payment of or par to, mance of the terms and tondiliuns of <br />the Note, or any renewals, niodilications ar extensions thereof, or Ilse payment of oily other ludebtednom secur ed her ('by Of in 111P pet IM neon e <br />of any of the convenonts or agreements hereunder. Beneficiary may doctors all sums secured hereby ininifldiately due and payable and lite some <br />shalt thereupon become due and payable without presentment. demond. protest or notice of any kind. thereafter. Beneficiary rttay deliver Ia <br />Trustee o written declaration of default and demond for sole. Trustee shall have the power of solo of Cite Property and if Beneficiary decides tine <br />Properly Is la be sold it shall deposit with Trustee this Dead of Trust and Cite Note or nates and otty other documents evidencing cxpelldilrtres <br />secured herehr, and shall deliver to Trustee a written notice of defttull axl elecliart to cause the Propot ty to be sold. atxl it ustee, in till n, %114111 <br />prepare a similar notice In the form requited by low which shall be duly filed f or record by Trustee. <br />(a) After the lapse of such time as may bo required by law following the recordation of Notice of Default. and Notice of Default and Notice of <br />Sole having been given as required by low. Trustee, without demand on Truster, shall sell the Properly in one or more parcels aril in such order <br />as Tnntor may determine on the dote and of the time and place designated to said Notice of Sale, at public: auction to lire highest bidder, the pur- <br />chase price payable in cash in lawful money of the United States at the tithe of sole. The person conducting the sale may, for any cause he or site <br />deems expedient, postpone the sole from tins to time until it. shall be completed and. in every such case, noikv 6r postponement shall be given <br />by public declaration thereof by such person at the time oM place lost appointed for the sale; provided. if the sale is postponed for longer Ilion <br />one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the some monner.as Cite original Notice of Sale. <br />Trustee shall execute and deliver to the purchaser its Deed conveying the Properly so said, but without any convenont or warranty, express. or <br />Implied. The recitals in the Deed of any matters or facts shell be conclusive proof of the truthfulness thereof. Any person, including without <br />limitolion Trustee, may purchase of the sale. <br />(b). When Trustee sells pursuant to the powers herein. Trustee shall apply the proceeds of the solo to•poytn tn <br />ent of tine costs nl expenses of <br />exercising the power of solo and of the sole. it ktdit, without limitation, the payment 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 remaining unpaidt S percentum on the balance <br />thereof: aW then 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 sole is by Trustee. or the proper court and other costs of foreclosure and sale <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 />' <br />0?H Cost of any evidence of title procured in connection vi %th such sole and of oily revenue required to be paid; <br />(7) Attorneys fees; <br />(3) All sums then secured hereby: <br />S <br />(4) Junior trust deeds, matgoges. or other lieftWers: and <br />(S) the reminder, if oily, to ilia person or persons legally entitled lkn -6ta. <br />(iii if rite �reltvtiiiuiy of this feed al ?a;.! i. a # t, as deiittad by Nehrnska law. any statement contained in any other section of this deed <br />debtor not be obligated to pry or give; any confession o► judo- <br />notwithstonding, the Beneficiary shall not be entitled to receive or take and shod <br />for a borrower in a judicial proceeding or agreement to pay the costs <br />ment, power of attorney to confess judgment, power of attorney to appear <br />of collection of the ailloriteys' fees, it ass sucl: acts of collect ion wnuld tint otherwise be prohibited by Nebraska low. Provided, however, shut <br />this section does not apply to the Trustee fee referred to in paragraph 6 (b). Provided tur. they. that this paragraph shall not apply to this Ueecte <br />Trust, if the Beneficiary is not a bank. <br />12. Addithoel Setwityl Msirtrraeats. Trustor. at its expense, will execute and delivev to the Beneficiary. promptly upon demand,, such securi- <br />ly instruments as may I* required by Beneficiary, in form and substcace 61z1 isfnacl Wily to" Beneficiary, covering any of the Proieectiy conveyed by <br />this Deed of Trust, which security instruments shall be additi¢adi sectgt fy-#'or Tfustor's �bithful performance of vlkafi the fect�s, sovetants aii>rS. <br />conditions of this Deed of Trust, file promissory notes secured, herAy, and any other st vcurity instruments executed �n+connecti;¢I:ewith this tram- <br />1, 13. Anointment of Successor Trustee. Beneficiary nay, iron time to time, by a written instrument executed aloft trlc➢cnowledger by <br />soction. Such instruments shall be recorded or filed of Trustor's expense. <br />Beneficiary, mailed to Truslor andiecorded in the county or counties in which the Property is located and by otherwise contp))giLr� faith the grout- <br />i,. <br />sans of the applicable taws of the State of Nebraska, substifurew successor or successam to the Trustee named herein,ae attiizgfeilreunder: .. <br />Ve -fine upon or in arty fYYrt <br />14. Inspections. Beneficiary, or its agents, representatives or workmen, are outfsatijlld to enter at any reasdri <br />of the Property for the purpose of inspecting the some and for the purpose of perforntirrg-any of the acts it is outfi sized to w t'erin under file <br />terms of the Deed of Trust. <br />1S. Option to Foreclose. Upon the occurrence of any default hereunder. Beneficiary shall [lave the option to foreclose this geed of Lust in <br />lire manner provided by low for the foreclosure of mortgages on real property. <br />16. fereboorence by Beneficiary Nat a Waiver. Any forebearonce by Benefitiary in exercising any right or remedy hereunder, or otlsertvise <br />— <br />afforded by applicable low, shall not be a waiver of or preclude the exercise of any such right or remedy. likewise, the waiver by Beneficiary of <br />any default of Truslor under lltis Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently <br />is Deed o <br />17. Troller fist Veteased. Extension of the time for payment or rttadification or untartizotiott of the sinus secured by this Used o! trust <br />by Beneficiary to ony successor in interest of Trustor shall not operate to release, in any manner, Cite liability of the original bustor ruin <br />for <br />grouted <br />Truster's successor in interest. Beneficiary stroll not be required to continence proceedings against such successor or refuse to extend time <br />demand by the original Truslor mid <br />poymaat or otherwise modify omortizolion of the sums secured by this Deed of Trust by reason of any made <br />Trustee's successor in interest. <br />Ia. Beseficisrry's Towers. Without affecting the liability of the Trustor or any other person liable for lite poymeni of Ally nhligrllinn Ilert•irl <br />nwntWned, and without affecting tine lien or charge of this Deed of Trust upon any portion of the Property not Then or theretofore releo%ed a% <br />(i) any person so liable. (if) <br />-- <br />security for the full amount of oil unpaid obligations. Beneficiary may, from tittle io time and without notice, release <br />the maturity or offer any of the terns of any such obtigotions, (iii) grant alher indulgences, liv) release or reconyry, or fail%e to tit- <br />� <br />extend <br />released or reconveyed of oily tittle of Beneficiary's options any parcel, portion or all of the Property, tvl coke or release Oily o►her of oddtttonul <br />securily for any obligation herein mentioned, or (vi) make composition or other arrangements with debtors in relation lite' elo. <br />to recortveyolice of Ilse Properly to Trtr%tnr, may Itrttke <br />14. Felwe Advances. Upon request of Trustor, Trustee (it Trustee's option, prior <br />future afrrnres to Truster. Sufi► future advances, with interest theleort. Shull W. secutpd by this trust Deed when evrdented by 1), till" "t"y <br />L. [rotes stating that said notes are secured hereby; provided [hot at no time shall file secured pltllctpat, future advances. nol truluttnrq surn; fill <br />vo+xed to protect the sPrurity, esceed nn aggregate principol onount of f <br />iv- Rsc:asoyarCS by Traltee. Ilp +^rl written rnctuest of 8eltettctary stilt" 19 Ih01 rill gtun% %r•[ urr•+l 1 'Pr Pit ,t lwvp h + " p <tr,l olld ul.•,n %t +n t•rl b•t <br />1,� i_rn%lnr of Irnttty• c h•r•c irr .err• 0.:'i <br />of this Ueel at Trust and the Mile to Ttuslee for concellution rlrtd 1P1P11I1O1) ,nn) u;r+•^ 1'•rYrr•rvtl <br />rEeon.ey to Truslor or the petSCn t! lice son: Ipgulfy entitled Ihvret0. +hrt1wl't V or r (if ly am, 1. "r t.r n r.I fill, Pt+ l r: t. tit+ t 1,.,1.1 I, r rr ,1r• 1+ •• <br />4 <br />recau!s in Such rlcartlelt)rve of r.•tr rn,7ttPrt fir farts shall he cnnrlusirp p•eof of tl -n I +u'hlt'r;nSt the nbl r1 +� Urm+!rP •n u. rr, „ +.r,.in,o rr• •, <br />l;+"dCSLrl;C'J :L ittf(, n; 54' lOr[[; r5 'ttSlP�j'lllrPtrlrliQd111£rela' <br />