202000714
<br />sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be
<br />completed and, in every such case, notice of postponement shall be given by public declaration thereof by
<br />such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer
<br />than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same
<br />manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying
<br />the property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real estate
<br />forming a part of the Property or at the court house in the county in which the Property to be sold, or some
<br />part thereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to
<br />payment of the costs and expenses of exercising the power of sale and of the sale, including, without
<br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed the
<br />sum of Five Hundred Dollars ($500.00) plus '/2 of 1% of the amount secured hereby and remaining unpaid
<br />and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is by
<br />Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure,
<br />the proceeds of sale shall be applied in the order stated below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue
<br />required to be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder, if any, to the person or persons legally entitled thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of
<br />any Notice of Sale provided for hereinabove be mailed to each such party at the parties post office address
<br />set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the option to
<br />foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to
<br />Beneficiary, promptly upon request, such security instruments as may be required by Beneficiary, in a form
<br />and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which
<br />security instruments shall be additional security for Trustor's faithful performance of all of the terms,
<br />covenants and conditions of this Deed of Trust, the Note and indebtedness secured hereby, and any other
<br />security instruments executed in connection with the indebtedness secured by this Deed of Trust; and all
<br />such instruments shall be filed and recorded at trustor's expense; (b) Beneficiary may, from time to time,
<br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the
<br />county or counties in which the Property is located and by otherwise complying with the provisions of the
<br />applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee named herein
<br />or acting hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent of, or
<br />attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to disqualify
<br />Trustee to act as such Trustee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale
<br />and buying any part or all of the Property at any sale hereunder; (d) that if it should be necessary or
<br />appropriate for the protection of the security hereby conveyed or enforcement of the debt hereby secured,
<br />for the trustee or the Beneficiary to institute or become a party to any proceeding or suit in a court of
<br />bankruptcy or probate or other court of general or limited jurisdiction, all expenses and costs properly
<br />incurred by said Trustee or said Beneficiary (including reasonable attorney's fees) paid or incurred by such
<br />Trustee or Beneficiary in maintaining, prosecuting or defending such proceeding or protecting their
<br />respective rights hereunder shall be an additional debt secured by this Deed of Trust in like manner with the
<br />principal debt herein described; (e) Beneficiary, or its agents, representatives or workmen, are authorized
<br />to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and
<br />for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of
<br />Trust; (0 any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
<br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed
<br />of Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g) extension
<br />of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted
<br />Page 4 of 6
<br />
|