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RE•RECORyb4097 ql "J"i"r'. 103ti24
<br />89-0M
<br />19. Acceleration Upon deleutt; Ilenrediesj Selo• Upon defnull by ltustor in Tire Payment of or pet formance of the 1011111 and tolldiliom of
<br />Ilse Note, or any tenewals, atarfilicutiors or exlensions Ihereol, or Ilse poyntenl of any other indelilednoss fetid eel her eby m in flip clef It" ""lilt it
<br />of any of the convenants or agreements hereunder. Beneficiary tray declare all sums secured hereby immediately due and p11yuble and file %auw
<br />shall thereupon become due end payable without presentment. demand, protest or ratite of any kind. Therealler. Beneficiary nary deliver to
<br />Trustee o written declaration of default and demand for sale. Trustee shall have the Power 01 04 of fire Property and if Beneficiary decide% the
<br />Properly is to be sold it Shull deposit with Trustee this Deed of Trust and lire Note or motes ad 0ny other docwnents evidencing expendilt"m
<br />secrxed hereby, add shall deliver to trustee a written notice of deluull 04141 e1100iorn to cause file Propal ty to be sold, ltd 14 ustee, ht lilt n, sltrdl
<br />prepare a similar notice in the form required by law which shots be duly lited lot record by Trustee.
<br />(a) 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 having been.given as required by low, Trustee. without demand on truster, shall sell fire Property in one or more parcels and in such order
<br />as truster may determine on the date and at the time and place designated in said Notice of Sale. of public auction to tine highest bidder, file pur•
<br />cftat4 price payable in cash in lawful money of the United States at the time of sale. The person conducting the sale may. for any cause lie or site
<br />deems expedient, postpone lite sale from time to time until it shall be completed and, in every such case. notice of postponement shall be given
<br />by public declaration thereof by such person of the time and place last appointed for the sale; provided, if the sale is postponed for longer than
<br />tare (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the some manner as the original Notice of Sale.
<br />Trustee shah execute tad deliver to the purchaser its Deed conveying the Property so sold. but without any convenont or worronly, express, or
<br />implied. The recitals in the Deed of any matters or fats shall be conclusive pfaof, of the truthfulness thereof. Any person, including without
<br />I'rmftolion Trustee. my purchase at the sale.
<br />M. When Trrustee 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 sole and of the sole. including, 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 unpaid. 5 percentum on the balance
<br />thereof; and 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 sole
<br />if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order slated below to fire payment of:
<br />(1) Cost of any evidence 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 secured hereby;
<br />(41 Jurke trust deeds, mortgages. or other lienholders, and f.
<br />(5) The remainder. if city, to the person or persons legally entitled they elo.
<br />t.
<br />(dj if Tipe penelirinrv_ob this Deed of Trust is a bank as defined by Nebraska low, any statement contained in any outer section of this died
<br />notwithstanding, the Beneficiary 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 ottorneye fees, unless such acts of collection would not otherwise be prohibited by Nebraska law. Provided, however, that
<br />this section does not ctpf;Ey 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 Beneficiary is not a bank.
<br />12. A"tiwGStcYrify Instruments. Trustor, of its expense. will execute and deliver to the Beneficiary, promptly upon demand, such securi.
<br />ty instruments as.maybe required by Beneficiary, inform and substance satisfactory to Beneficiary, covering any of lbe Property conveyed by
<br />His Deed of Trust, whicicsesurify instruments shall be additional security for Truster's faithful performonce of all of the terms, covenants civil
<br />conditions of this Deed ct Trust, the promissory notes secured hereby, and any other security instruments executed in connection with thisxron-
<br />section. Such instruments shall be recorded or filed of Truslor's expense.
<br />13. Appointment of Successor Tritstee. Beneficiary may, from time to time, by a written instrument executed and acknowledged fly
<br />Beneticiory, mailed to Trust and recorded in the county or counties in which the Property is Inched and by otherwise complying with tine provi-
<br />sions of the applicable lows cif the State of Nebraska, substitute a successor or stvicessors to thee. Trustee named herein or acting hereunder.
<br />14. Inspections. Beneficiary, or its agents, representatives or wockmen, ore authorized t¢ tinter of any reasonable time upon or lraany part
<br />of the Property for the purpose of inspecting the some and for the purpose of performing 01,of the acts it is cuthroixQd to perform under the
<br />terms of the Deed of Trust.
<br />1S. option to Foreclose. Upon the occurrence of any default hereunder, Berefixicry shall have the opti¢rt to foreclose this Decd of 11ust in _
<br />the manner provided by law f or the foreclosure of mortgages on real properly. - {
<br />16. Forebertrence by Beneficiary Not o Waiver. Any forebearance by Benefiti.M/ in exercising any right or remedy hereunder, or otherwise
<br />afforded by epplicoble low, shall not be a waiver of or preclude the exercise of any such right ac remedy. likewise, the waiver by Beneficiary of .
<br />any default of Truster under this Deed of Trust shall not be deemed to be a waiver of arty other or similar defaults subsequently occurring.
<br />17. truster Not Released. Extension of the time for payment or ntodificoliacror anrorlizolior of the sums secured by ihis Deed of (rust
<br />granted by Beneficiory to any successor in interest of Trustor shall not operate to.releose, in any manner, the liability of fire original; It ustor Will
<br />Truster's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extcinl time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand rria& by life original Truster and
<br />Trustor's successor in interest.
<br />I& 1kaefidary's towers. Without affecting the liability of the Truster or any other person liable for lire payment of any nhtigulion I,el rill
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon oily portion of fire Property riot tire,, or theretolole refer wd cis
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice. (i) release oily person so liable, lift r — - --
<br />extend the maturity or alter any of the terms of any such obligations. (iii) grant otfrer indulgences. (iv) release or reconvey, or cause to b" ?
<br />released or reconveyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release oily other of additiom it i
<br />security for any obligation herein mentioned, or (vi) make compositions or otfrer arrangements with debtors in relation thereto.
<br />19. itat�re Advances. Upon request of Trustor, Trustee of Trustee's option, prior to reconveyome of the Properly to Truster, may nlnlp
<br />future advances to Truster. Such future advances, with interest flicieun, shall be secured by this trust Deed when evidenced by Ill almissply
<br />notes stating that said notes ore secured hereby, provided that at no time shull the secured principol, luiule advances, not micludfily Banns ud-
<br />vunced to protect the security, exceed an aggregate principol amount of S._
<br />70- (laeonvoyanee by Trustee. Utron writlen request of ©elieficiury slhrnlg That fill sums secured hereby have bran {toll, find "Pan current lm
<br />of this Deed of trust mitt file thole to irustee for cancellutiom nnrl relenluin rnud uprnl pnynipnl by lir.olr"r of Iro01-1. . f,•r% int•.1+ e 01,111
<br />(ecollvey to ituslor, or flip person or twisolls legtllly ellfllled thereto, without Wfilrmrlty- filly I.rtrliptl of thr pfoperly flit.,, 11"1,1 im Ill•
<br />recitals ill Stich teconveyatlte of nny matte►S or forts shall be conclusivp proof of flip itultrluhtp %% thereat tftp yrantnr to any r r.
<br />be described as •'the p_•tsom or pel sons trVillr el,titic•d thereto "
<br />all
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