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<br />11. Aooeletaft fll o 0ebelh f niftt fele. Upon defoult by Trustor in the payment of or performance of the terms and conditions of
<br />the Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance
<br />of any of the convenonts or ogro~s hereunder, Benteficiary may declore all sums secured hereby immediately due and payable and the same
<br />shall thereupon became due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary, may deliver to
<br />Trustee a written declia otion of default and demand far sole. Trustee shall have the power of sale of the Property and if Beneficiary decides the
<br />Property is to be sold It shill deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures
<br />secured hereby, and shall deliver to Trustee a written notice of default and electlon to cause the Property to be sold, and Trustee, in turn, shall
<br />prepare a similar notice in the form required by low which shall be duly filed for record by Trustee.
<br />(a) After the lopse of such time as may be 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 law, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order
<br />as Trustor nay determine on the date and at the time and place designated in said Notice of Sole, at public auction to the bighest bidder, the pur-
<br />chase price payable in cash in lawful money of the United States at the time of sole. The person conducting that sole may, for actin case he or she
<br />deems expedient, postpone the sale from time to time until it shell be completed and, in every such case, notice of postponrertreint shall be given
<br />by public decloration thereof by such person at the time and place lost appointed for the sole; provided, if the sale is postponed for forger than
<br />one (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 sholl execute and deliver to the purchaser its Deed conveying the Property so solid, but without any convenant or warranty, express, or
<br />implied. The recitals in the Deed of any matters or facts shag be concknive proof of the truthfuhass thereof. Any person, including without
<br />Omtitation Trustee, may purchase at the sale.
<br />(b). When Trustee sells pursuant to the powers herein, Trwitte shall apply the proceeds of the sale to payment of the costs and expenses of
<br />exercising the power of sole and of the sale, including, without limitation, the payment of Trustee's Fees incurred. w{hidh Trustee's Fees shall not
<br />In the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid: 5 percemutn on the balance
<br />thereof; and thee° -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 />10 Cost of any evidence of title procured in connection with such sole and of any revenue required to bQ paid;
<br />(2) Attorneys fees;
<br />(1) All sums then secured hereby;
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />(5) The remainder, if any, to the person or persons legally entitled thereto.
<br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Netrasko law, any statement contained in any other sectrion of this deed
<br />notwitbstonding, 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 />meat, 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 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 Beneficiary is not a bank.
<br />12. AiiAleteel Severity ktstntasents. Trustur, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such securi -
<br />iy instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by
<br />this Deed of Trust, which security instruments shall be additional security for Trustor's faithful performance of all of the terms. covenants and
<br />conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connectioxr w:rth this tron-
<br />section, Such instruments shall be recorded or filed at Trustor's expense.
<br />13. Appointment of Strn moor Trodee. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiry, mailed to Trustor and recorded in the county or coumlies in which the Property is located and by otherwise complying with the provi-
<br />sions of the applicable laws of the State of Nebraska, substitute a succesoo, or successors to the Trustee named herein or acting hereunder.
<br />14. hopectim. Beneficiary, or its agents, representatives or workaren. are authorized to enter at any reasonable time uponor in any part
<br />of the Property for the purpose of inspecting the some and for the purpose of perfarnnitlg4tq►fdl fks Ityi,�uthroized to perform under the
<br />terms of the Deed of Trust. (�ir:1.1S t+c 113 t"M+,1..:....�+
<br />15. Opiee to Foreeleso. Upon the occurrence of any default hereunder,'enefe it dory shall hove the option to foreclose this Deed of Trust in
<br />the manner provided by low for the foreclosure at mortgages on real property.
<br />16. F o by Renefkio if Not a Wsilew. Any forebearance by Beneficiary in exercising any right or remedy hereunder. v-r otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise. the waiver b,# Beneficiary of
<br />any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsegvently occurring.
<br />17. Treater Net RehaW. Extension of the time for payment or modification or amortization of the sums secesed by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Truslur shrull not operate to release, in wty 111usnov ; Iro liu'vil;ty of fire aiginut TwOur uFrd
<br />Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for
<br />!� poynvewt 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.
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<br />mentioned, and vrithout affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice. (i) release any person see liable ii, i
<br />extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey. or cause to be
<br />released or reconveyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional
<br />security for any obligation herein mentioned, or (we) snake compositions or other arrongements with debtors in relation thereto.
<br />19. Felon Advoeoes. Upon request of Trustor. Trustee at Trustee's option, prior to reconveyance of the Property to Trustor. may make
<br />future advances to Trustor. Such future advances, with interest thereon. shall be secured by this Trust Deed when evidenced by promissory
<br />notes stating that said notes are secured hereby; provided that at no time shall the secured incipal, future advances, not including sums ad-
<br />vanced to protect the security, exceed an aggregate principal amount of S 95, 000 •
<br />L 20. Reeeeveyeea by Twatee. Upon written request of Beneficiary stating that all sums secured hereby have been paid aid upon surrender
<br />of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustur of Trustee s fee. Truster %hull
<br />recorevey to Trustor, or the person or persons legally entitled thereto without warranty. any portion of the Property then held heil'under The•
<br />recitals in such reconveyonce of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee In any rec onveyonr a flirty
<br />be described as "the person or persons legally entitled thereto' .
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