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200009785
<br />And in the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds
<br />first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's
<br />attorney's fees actually incurred to the extent permitted by applicable law. In the event Borrower or Trustor exercises any
<br />right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses
<br />actually incurred as a result of Trustor's default, including, without limitation, all Trustee's and attorney's fees, to the extent
<br />permitted by applicable law. Such costs shall be added to the principal sum due hereunder and draw interest at the default
<br />rate of 16.000 percent per annum.
<br />The Trustee shall have the right to release with or without consideration or credit on the indebtedness hereby secured, any
<br />part of the property herein described by adequate legal instrument without regard to the existence of any junior encumbrance
<br />and without the consent of such junior encumbrancer, and such release shall have no further effect upon the rank, lien or
<br />estate conveyed hereby or against the Trustee than is therein expressed.
<br />Beneficiary may at any time and from time to time appoint a successor Trustee by filing for record in each county where the
<br />trust property or part thereof is located a notice of Substitution of Trustee.
<br />We also agree that in the event the mortgaged premises, or any portion thereof, or any interest therein, are sold, mortgaged or
<br />conveyed or become subject to an agreement to sell, mortgage or convey prior to the time this loan shall have been paid in
<br />full, then the entire indebtedness shall become immediately due and payable at the option of the beneficiary. A sale,
<br />assignment or transfer in any manner whatsoever of 10% or more of the capital stock of the grantor corporation shall be
<br />equivalent to a sale or conveyance of the security or an interest therein, and in that event beneficiary shall have the option to
<br />accelerate the debt, declare the entire loan balance due and enforce collection of same, including foreclosure of the Deed of
<br />Trust lien.
<br />That if the property, or any part thereof, be condemned under any power of eminent domain, or acquired for public use, the
<br />damages, proceeds, and the consideration for such acquisition, to the extent of the full amount of indebtedness upon this
<br />Trust Deed and the Deed of Trust Note secured hereby remaining unpaid are hereby assigned by Trustor to the holder of said
<br />Deed of Trust Note and Trust Deed and shall be paid forthwith to said holder to be applied by it firstly to the payment of any
<br />expenses said holder may incur in the condemnation proceeding, and secondly on the indebtedness secured hereby in such
<br />manner as it elects, or the amount so received or any part thereof may be released by the said Beneficiary.
<br />Beneficiary may within three months after the sale of the property under this Trust Deed, sue Trustor in an action for
<br />recovery of any balance due, including interest from the date of sale, the costs and expenses of exercising the power of sale,
<br />and of the sale, upon this obligation which was not retired and paid by the proceeds of the sale of the same.
<br />Any partial release or subordination agreement shall only be executed by the Trustee on the written direction of Beneficiary,
<br />evidenced by his joinder in such instrument.
<br />Upon written notice from the Beneficiary that the debt secured hereby has been paid in full, evidenced by joinder of the
<br />Beneficiary in the full release document, Trustee shall reconvey, without warranty, the estate in the property then held by the
<br />Trustee.
<br />Whenever the word he, his or him is used herein, such word shall also mean and include the words she, they, it, hers, theirs
<br />or them, and the singular shall likewise mean and include the plural, and the words heirs shall also mean personal
<br />representatives and successors in interest by whatever right, as the context indicates.
<br />In Witness Whereof, the Trustor has signed this agreement effective the date of the acknowledgment hereafter.
<br />Upon this same date, we hereby acknowledge receipt of a copy of this instrument.
<br />B*B., a Nebraska Cor ation
<br />Bxter, Preside t
<br />T & Fjeatt)e Company, a Nebraska Corporation
<br />By;
<br />r,
<br />Thomas Baxter
<br />Little B' rp., a Nebraska rporation
<br />By:
<br />Tom Baxter, Secret ry /Treasurer
<br />Baxte a tle Company, a Ngbraska Corporation
<br />By:
<br />Tom Baxter, Presid nt
<br />Eliza h Baxter
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