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200008649 <br />E. Upon request of Beneficiary, Trustor shall pay to Beneficiary each month such <br />amount as is determined by the Beneficiary to be necessary to enable the <br />Beneficiary to have sufficient funds on hand to satisfy the Trustor's obligation <br />for insurance premiums, taxes, and assessments. <br />4. Default: Trustor covenants and agrees that its failure to make any payment of either <br />principal or interest on the Promissory Note secured hereby when due and payable, or of its failure to <br />comply with any of the covenants and agreements herein, shall cause the whole sum of money hereby <br />secured to become due and collectible at once at the option of the Beneficiary, and the Beneficiary shall <br />have the right to cause Notice of Default to be given and the premises sold as provided herein. <br />5. It is Mutually greed That: <br />A. Trustee's Ordinary Duties: At any time and from time to time, upon written <br />request of the Beneficiary, payment of fees and presentation of this Deed of <br />Trust and the Promissory Note for endorsement (in case of full reconveyance, for <br />cancellation and retention), without affecting the liability of any person for the <br />payment of this indebtedness, Trustee shall (a) consent to the making of any map <br />or plat of said property; (b) join in granting any easement or creating any <br />restriction thereof; (c) join in any subordination or other agreement affecting this <br />Deed of Trust or the lien or charge thereto; (d) reconvey, without warranty, all or <br />any part of said property. <br />B. Reconveyance: When the obligation secured by this Deed of Trust has been <br />satisfied, the Trustee shall, upon written request by the Beneficiary, reconvey the <br />trust property. The Grantee in any reconveyance shall be the Trustor or its <br />successor in interest. The Beneficiary shall deliver to the Trustor the Deed of <br />Trust and the Promissory Note shown as satisfied and paid in full. In the event <br />the Beneficiary improperly refuses to request a reconveyance from the Trustee, <br />the Trustor shall have the rights and remedies as set forth in Section 76 -1014 of <br />the Nebraska Statutes as the same are constituted at the time this Deed of Trust is <br />executed. <br />C. Default and Deficiency Judgment Procedure: Upon default by Trustor in the <br />payment of any indebtedness secured hereby or in the performance of any <br />agreement hereunder, Beneficiary may declare all sums secured hereby <br />immediately due and payable by delivery to Trustee of a written declaration of <br />default. If Beneficiary desires said property be sold, it shall deposit with Trustee <br />this Deed of Trust and all Promissory Notes and documents evidencing <br />expenditures secured hereby, and shall deliver to Trustee a written Notice of <br />Default and election to cause said property to be sold in the form required by <br />law, which shall be duly filed for record by the Trustee. Sale and distribution <br />procedure shall be as follows: <br />(1) After the lapse of such time as may be required by law following the <br />recordation of said Notice of Default, and Notice of Sale having been <br />given as required by law, Trustee, without demand on Trustor, shall sell <br />said property on the date and at the time and place designated in said <br />Notice of Sale, at public auction to the highest bidder, the purchase price <br />to be payable in lawful money of the United States at the time of sale. <br />The person conducting the sale may, for any cause he deems expedient, <br />postpone the sale from time to time until it shall be completed, and in <br />every case, notice of postponement shall be given by public declaration <br />thereof by such person at the time and place last appointed for the sale; <br />provided, if the sale is postponed for longer than one day beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the <br />same manner as the original Notice of Sale. Trustee shall execute and <br />deliver to the purchaser its deed conveying said property so sold, but <br />without any covenant or warranty, express or implied. The recitals in <br />the deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including the Beneficiary, may <br />purchase at the sale. <br />(2) When Trustee sells pursuant to the powers herein, Trustee shall apply <br />the proceeds of sale to the payment of costs and expenses of exercising <br />the power of sale and of the sale, including payment of Trustee's fees <br />actually incurred, which Trustee's fees shall not in the aggregate exceed <br />the following amounts based upon the amount secured hereby and <br />remaining unpaid: 5 percentum on the first $1,000.00 thereof; .05 <br />percentum on the balance thereof, and then to the items in subparagraph <br />(3) in the order there stated. <br />Page 2 of 4 <br />