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89-' = 104416 <br />11. Ikatisnsttee lhe1t Oeftreff; fbseeatss Sale. Upon default by Trustor in the payment of or performance of the terms and conditions of <br />the Note, or any rertewols, mc#fications or extensions thereof, or the payment of any other indebtedness securredhereby or in flit Perforrttarrco <br />of any of $ti convenarlts or agreements hereunder. Beneficiary may declare all sums secured.hereby immediately due and payable and the some <br />shall flrwoupon betorne due and pay" without presentment demand, protest or notice of any kind..Thereofter. Berrefic'vary may deliver to <br />Urstee tiwrittert deciaro6on of default ord demand for sots. Trustee shall have the power of sale of the Properly Ind if Beneficiary decides the <br />Property is to be sold it sMtll deposit with Trustee this Deed of Trust and the Note or rates and any Other documents evidencing expenditures <br />secured hereby. and shO deliver to trustee a written notice of default and election to couse the Property to be sold. and Trustea. in turn. shall <br />preporut a Sill" notice in the form required by low which shah be duly Red for record by Trustee.. <br />(a) After the lapse of such time as may be required by law following the recordatice of Notice of Default, and Not ice of Default and Notice of <br />Sole having been givers as required by low. Trustee, without demond ors Trustor, shag sent the Property in ulna or more parcels and in such order <br />as Tmfor may determine on the date and of the time and place designated in said Notice of Sole, of public auction to tisc highest bidder, the pur- <br />chase price payable in cash in lawful money of the 111tiited $totes of the time of sole. The person conducting the sole rr mcq. for any cause be or she <br />doe is enpt&nt, postpone the sale from time to time until it shall be completed and, in every such case. notice of piastpv 4awt.;#all be given <br />by pebD'c tj kJorat'ron thereof by such person of the time artd pku lost appointed for tine solo. provided, if the salt is inistponed;`or lager than <br />one (tit- Awry beyord the day des'rgnoted in the Notice of Scht. +office thereof shall be given in the sane manner as t rr ,xigirrot *Ike of Sale, <br />Trustee shall execute and deriver to the purchaser. rit.s-13W ca+rNeying the Property so sold, but without any convmtrrlrworroftty, express, or <br />wed: The recitals in the Deed of ony.motters ar facts sholl be conclusive proof of the truthfulness thereof. Acrg person, inttudkV without <br />�ieht Trustee, may purchase of the sale. <br />Trustee sobs pursuant to the powers Herein, Taos* shall apply the proceeds of the sale to payment off ?h1�e• ct?its and expenses of <br />ox;rjlj i V the power of We and of the sate, including, withoitt.Uaitation. the payment of Trustee's fees incurred, wb0d,"Trustee's Fees shall not <br />in the oggregate excood the following amounts based upon the amount secxed hereby and remaining unpaid: S percentunt ^,n the balance <br />thereof; and then to the items set forth in subparor, aph (c) here c in the artier therein stated. <br />(c) After paying the items specified iin subparagraph (b). rat 1.F&. safe is by Trustee, or the proper court and other costs of foreclosure and sans <br />if the sale is pursuant to judkiot tore :ewe, the grace t <{ sczie shall be applied in the brier stated below to the payment of: <br />(1) Cost of any evidence of title procured ir:.oaniiectionw.th such sale and of any revenue required to be paid; <br />(Z) Attorneys fees; <br />PY All sums then secured hereby; <br />(t) ` .hniar trust deeds, mortgages, or other lignhotders; and <br />(S). `The remainder, if any, to the person arm tons legally entitled thereto. <br />(d) If the Beneficiary of INS Deed 0 7r4Wt t� bank us defined by Nebraska low, any statement co %" 'red in Qix other section of this deed <br />notwithstanding, the Beneficiary to receive or take and debtor shall not be obligated to pay ::-give; any confession of judg <br />men#, power of attorney to confess ;u;igrtyen`„ rpzrver of attorney to appear for a borrower in a judicial proceedingv o 3reement to goy the costs <br />of collection of the attorneys' fees, unless sac)lur, tS of collection would not otherwise be prohibited Ly NeErasko iow. Provided, however, shot <br />this section does not apply to the trustee fee reraed to in paragraph 6 (b). Provided further, that this pix ograph shall not apply to this Deed of <br />trust„ ffilw Stnoticiory is not a bank. <br />12, AMtktmel Soeerity lastrueaets. Trustor. at its expense, _wO execute and deliver to the Beneficiary, prcmpi7vt upon demand, such securi- <br />ty instruments os may be rWwed by Benef itiory, in form and Vol �tca;ce satisfactory to Beneficiary. cove,i:-9 OAJ of the Property conveyed by <br />this feed of Trust, which security instruments shall be additional sevlt M,'tJcw Trustor's faithful perlmmm ,ace of oil of the terms, covenants and <br />conditions of this Deed of Trust, the promissory notes secured hereby, tt any other security instruments evecufed in connection with this tran- <br />soction. Such instruments shall be rtwded or filed of Trustor's expense. <br />13. Appoietmtesf of Successor Tiestes. Beneficiary nay, from time to time, by o written instrument executed and acknowteutged by <br />Beneficiary, mailed to Trustor and recorded in Oje county or counties in which the Property is located and by otherwise complying with file provi• <br />Sions of I the af7pf ic&ry laws of the Stater of Nebrosko, substitute a suaessor or successors to the Trustee named herein or acting hereunder. <br />11, t"p Cons. Beneficiary, or its agents, representatives or workmen. are authorized to enter at any reasonable time upon or in any port <br />of the Ft,ti Orly for the purpose of inspecting the some and for the pwpose of p"krnnirq any of the acts it is authorized to perform under fire <br />terms of the Deed of Trust. ' r <br />15. option to foreclose. Upon the occurrence of any default herewrdnir, 6eeeficiory.6lwll Have the option to foreclose this Deed of Trust in <br />the manner provided by law for the foreclosure of mortgages on real prcperty <br />16. Ferebeerelnce by flenefich" Not a Waiver. Any forebeorance by Beneficiary, in any right or remedy hereunder, or otherwae <br />offorded by applicable low, shall not eve o waiver of or preclude the exercise of any such ci,iht or remedy. likewise, the waiver by Beneficiarp faf <br />ony default of Trustor :;trader this Detl of Trust s1mil not be deemed to be a w%;iver of oily other or sinra�tr defauUs subsequently occurring <br />17. Trglor Net Bs4aned. Extension of the time for payment or modification or amortization of the sums secured by this Dced of trust <br />grontedby Beneficiary loony successor in intesevt of Trustor dr iall not operate to releuse, in any manner, the liobilit y of the origitiol Trustor and <br />Trustee's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend firne for <br />poymenf or otherwise modify omortizatiot of Ilia sums secured by this Deed of Trust by reason of any demand mode by fire original frustor wad <br />Trustee's successor in interest. <br />16. Naeficiery's.ffrewers. Without oflecting the liubilily of tine Trustor or oily other pmsan linble for the payntent of any oblrgutrnn hetvin <br />"Wliaud, onafi without affecting the lien or charge of this Deed of Trust upon any portrun of the Property not then or lherefolure releu:ed us <br />security for the full amount of all unpaid obligations. Beneficiary may, train time to tune land without notice, 1i) releuse any person so liublP, fill <br />extend fete maturity or otter any of the terms of any such obligotions, Will grant other mdulgemes, (iv) release or reconvev, of cause to hV <br />relmsod or reconveyed o1 any time of Binefictary's options any parcel, portion or all of the Property, (v) take or releuse any other or oddrlraaud <br />security for any obiieation herein nwflonAd, or (vi) make compositions cr eliter arrangemonts with debtors in relolion rlrersto. <br />19_ Mee 1!4vW -tit. Upon reewrsst of Trustor_ Trustee at Trustee's option. prior to retonveyante of file Property to Tructur, nruy nurl+e <br />future advances to Trustar. Such future advances, with interest thereon, Shull be secured fly 'this Trust Deed when evidenced by fit omisory <br />Lnotes itofirg shot aid notes are secured hereby; provided thus of no tinge shalt the secured prmcipul, future advances, not including sums off <br />vonced to protect the security, exceed an aygregiate prirrcipalamount of S__ <br />10. Reconvoyeete by Trustee. Upon written request of Beneficiary staling that all sums secured hereby hove beer, Paid. old upon surre,aler <br />of stirs teed of trust and the floss to trustee for cancellation and retention and upon poplient t'y lhustur of it k,stce': fees. trliVef. "bull <br />reconvey to Trustor, or the petson or persons legally entitled thereto, without worranly, ally purer n of flip Proper Qy tlx'lr lint.) hlcrcu,: ;test . Me <br />recitals in suth recanvoyante of any matters or facts shall be conclusive proof of the trutfilufnnss rheteof Tf:o rirnntee in any recollwevol'to wily <br />be described as "the person or persom legally entitled thereto" <br />y _ <br />�11 <br />1 <br />rt <br />