ss."W,eb 9IY6
<br />11. Aeceleria M Upon Default; Remedies; $ant. Upon default by Truster in the payment of or.perforfnonce of the terms and conditions of
<br />the Note, or any renewals, modifications or extensions thereof, or the payment of ony other indebtedness secured hereby or in the perforninrtce
<br />of any of the eonvenants or agreements hereunder, Beneficiary may declare all sums secured hereby immediately due and payable and the same
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<br />shall thereupon become due and payable without presentment, demand, protest.•or notice of any kind. Thereafter. Beneficiary rtuy deliver to
<br />Trustee o-written declaration of default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides fire
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<br />Property is to be sold it shall-deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures
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<br />secured hereby, and shall deliver to Trustea o written notice of default land election to cause the Property to.be sold, and Trustee, in turn, shall
<br />prepare a shnifor notice in the farm required by low which shall beduly filed for reco by Trustee.
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<br />(a) Afterthe lopse of such ;ime as may be required by lovt following the recordation of Halite of Default, and Notice of nefor,lt,ond Notice of
<br />Sole having been given as required by law, Trustee, without demand on Truster, sholl sell the Property in one or more parcels and in such order
<br />as Truster may determine on the date and at the time and place designate + :: said Notice of Safe, of public ouction to the highest bidder, the pur- '
<br />chose price payable in cash in lawful money of the United States at the tit. -)f sale. The person conducting the sale may, for any cause he or site
<br />deems expedient, postpone the sale from time to time until it shall be coal, Aed and, in every such case, notice of postponement shall be given
<br />by public decfarafi6n thereof by such person at the time and place last app " .,ted for life sole; provided, if the sate is postponed for longer titan
<br />one (1) day beyond.the day designated in the Notice of Sole, notice thereof shall be given in the same nranne.r as the original Notice of Sale.
<br />Trustee shall erlecute and deliver to the purchaser its Deed conveying the Property. Tx2 sold, but without any convenont or warranty, express, or
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<br />implied. The recitals in the 0996 -of any frou.fters or facts shall be �gr'rlsive prorµ.:>d the truthfulness thereof. Any person, including without .
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<br />limitation Trustee. may purchose'at
<br />(lr },.YVhen Trustee sells prrr�t«rt to ti�el ei rs herein, -ustee shOO apply the proceeds of file sole to payment of the costs and expenst s �!
<br />ex! (119 the of sole cr..r�df•the safe, including, vK fhz l'limitotion, the payment of Trustee's Fees inctt?ied, which Tnistee's Fees. �;;
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<br />ln-lta�.�ggregate exceed the':�:'I owing amounts based ; W6. `the. amount secured hereby and. remoining ubpra:�"r S percenfum an
<br />th-i4of; and then to the items set forth in subparagraph (c) h ere af i r;ire order therein staf4
<br />(c. After paying the items specified in subparagraph (b), if the sofa is by Trustee, or the frr,par court oral other casts c,; hr�-ecicsure and sole
<br />le is pursuant to judicial foreclosure, the proceeds of sole shall be applied in ;r .e order stated below to the payme:at't
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<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
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<br />(2) Attorneys fees;
<br />(3) All sums then secured hereby;
<br />(4) Junior trust deeds, mortgages, or oilier lienl;c >4Js; and
<br />(5) The remainder, if any, <t ,,. ie person or persons pally entitle -!' ereta. -
<br />(d) If the Beneficiary of this Deed of Tryst is a bank as defined by Nebraska low, any statement contained in oily other se0rn rt nazis dyed
<br />notwithstanding, the Beneficiary shall not be entitled to rgceive or take and dehtor shall not be obligated to pay or give: (Illy con[essi :. c f iudg-
<br />ment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or ayreenreni to poy s:.e 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 fear e(erred to in paragraph 6 (b). Provided further, that this paroyrcph shall not apply to this peed of
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<br />Trust, if the Benef 0cry is not a bank.
<br />12 Additiand?Security Instruments. TiV.d >jr, of its a ; =,penso, will execute and deliver to ilia Beneficiary, 1^ °:-•aptly upon demand, surh seruri-
<br />ty irgtx(trnents wmay be rEO;.i r� ^, by Beneficiary, in fon-i .i"nd substance sotisfactory.to Beneficiary, cover.h'gcoy of the Property cazapye i by
<br />this Deed of Trus'. which setur;fy instruments shall be additional securty for Trustee's faithful performance of all of the terms, covenants and
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<br />conditions of firs Iaed of Trust, the promissory notes secured hereby,. and ony other security in: t':��rnents executed in corrr;rtion with this Iran -
<br />suction. Such instruments shot` be recorded or filed at Truster's expense.
<br />13. Appointment of Success's:- Trustee. Beneficiary z. :toy, from tittle to time, by a written instrument executed and ucknowfedged by
<br />Beneficiary, moiled to Trustor and recorde.''.;q the county r: "r counties in which the Propertyi0dc(ifed and by otherwise comp!ying with The provi-
<br />sions of the applicable laws of the State of V;nrasko, substitute a successor or successors to the Trustee ,lamed herein or acting hereunder.
<br />14. inspections. Beneficiary, or its arc its, representatives or workmen, are authorized to enter at ony reosonable� time upon or in any purl
<br />of the Property for the purpose of inspecti7j the same end for the purpose of performing any of the acts it is outtrroizecf to perform utldr.r tl+e.
<br />terms of the Deed of Trust.
<br />IS. option to 4reeloso. Upon the ac.ur>✓erue of an;,. defoull hereunder, 13erva: rr; shall br +vc the option to }oreduce. this Used of If list nr
<br />the manner procirr; by low for ilia forecfo,u a of mor►gagos on real property.
<br />16. Forabeora ^L2 by QC IC,f��*.rAty Not a Viaiver. ,rg,.forebeofonce by Benelicior•n ::' rz;rsr:r;ir n any right or remedy hrrcurader, or 9111"1 r:fse
<br />of forded by appliv." !'e lacy, :"lmll not he a waiver of r;r ;.prcludo the exercise of any %bob t ;gat cf remedy. Likewise, the waiver by Bell"firi�n7 of
<br />any dolaull of Trustor under it'll: reed of Trust shall rot lie deemed to be a waiver ol" my ctL•cr rr similur del{utlt5 subsequently occur. 11th
<br />17. Trustor Not. Released. Extension of tim tine for payment or modificution or oniorlizolian of the :tats secured by this Deed of if usl
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<br />granted by Beneficiary 10 may successor in interest of Trustor sholl not operate to release, in alw nr•mner, the nobility (if tlul rariairta) Tractor -mid
<br />Tuustor's successor in interest. Beneficiary shall not be required to commence proceedings ag(tbssl such successor or re1•:;e to extP
<br />payment or otherwise ntodify ontorIizaIion of the suns secured by this Deed of trust by reason of any derrcind� •nude iry tiro or igir.ut ir11�0r:,
<br />Truster's successor in inleresI
<br />18. Beneficiary', Powers. Willfout affecting the liubility of the Trustor or oily other person liable for the paynrcr:t i -,Cwly obligation !v r.•rn
<br />mentioned, and without uflecting the lien or charge of this Decd of U.•st upon oily purtiva of the Properly nut then or m.:: etotu"r rr.1r'rccrl nc
<br />security for the full amount of oil unpaid obligations, Beneficiary may, from time to time and without notice, (i) rctce:se Cagy 1 "crson ;u bublC, (it)
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<br />extend the maturity or alter oily of the terms of uny such obligations, (iii) grunt other indulgences, (iv) ; efeose or ieconvc;, ur sauce to 1 :e
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<br />released or reconveyed of oily time at Beneficiary's options uny parcel, portion or all of the Property, (v) take or f eleast• oily other c +r w1ditiuot. -I
<br />security for any obligation herein mentioned, or (vi) [flake compositions or other arrangements with debtors in relotiwa thence.
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<br />19. Future. Advances. Upon request of Trustor, Trustee at Trustee's option, priur fu r(tclufWeyarce Of the Pra;z ^:
<br />future advances to Trustor. Such future advances, with interest thereon, skull be secured by this Trust deed :•.hen ec'.d_ t cr d by pro:ars ",, y
<br />notes stating that sold notes are secured hereby, provided tf:,t at no tittle shall the secured principal, future udvnn_,tc, nit intlulirrrl cants ed-
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<br />vanced to protect the security, exceed an oggregate prim;;pol amount of $__ 35,00.0.00—
<br />20. Reconveyanee by Trustee. Upon wr film request of Beneli:iory stating flint all -,urns severed her cby hove been t•:+r:t, oar ! �,p(nn Sur:1 .t ,
<br />of this Deed of Trust and tt:e Note to Trustee far toncei!ution and retvnti::n n :A 111)(1•1 payment by inrstur oS iruafer''. !r ^:. !,r .rr'• '_; :rI
<br />retativey to frustar, rat 1111" t.nr4 -t r.t 11- 111;' In(1011Y 01t*1lr_•'1 ihorata, ::in,ru+t :44111 prrl>; , nay Irrri 1ir +y t'f 11,.. f`r.,r,o, : lit +.•, tc'i.t
<br />recitals in su:h reconvoynnme of any [fratlars or facts shuli Tae conclusive rroof of the iruthlutness thereof - i1„• q u .try rr r-h; r• o ti��; <•• • +:r +y
<br />be detcribe:l us —tke Perscli or pritsof)s leg'+iiy ('mt+tled :lie;etu",
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