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(b)
<br />202202907
<br />order as Trustee may determine 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 payable in cash in
<br />lawful money of the United States at the time of sale. The person conducting the sale may,
<br />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
<br />declaration thereof by such person at the time and place last appointed for the sale; provided,
<br />if the sale is postponed for longer than one (1) day beyond the day designated in the Notice
<br />of Sale, notice thereof shall be given in the same manner as the original Notice of sale.
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold,
<br />but without any covenant or warranty, express or implied. The recitals in the Deed of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including
<br />without limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be
<br />conducted at the real estate forming a part of the Property or at the court house in the county
<br />in which the Property to be sold, or some part thereof; is situated.
<br />When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the
<br />sale to payment of the costs and expenses of exercising the power of sale and of the sale,
<br />including, without limitation, the payment of Trustee's fees incurred, which Trustee's fees
<br />shall not in the aggregate exceed the sum of Five Hundred and no/100th Dollars ($500.00)
<br />plus 1/2 of 1% of the amount secured hereby and remaining unpaid and then to the items set
<br />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
<br />by Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to
<br />judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the
<br />payment:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any
<br />revenue 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
<br />copy of any Notice of Sale provided for hereinabove be mailed to each such party at the party's post
<br />office address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall
<br />have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of
<br />mortgages on real property.
<br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver
<br />to Beneficiary, promptly upon request, such security instruments as maybe required by Beneficiary,
<br />in a form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust which security instruments shall be additional security for Trustor's faithful
<br />performance of all of the terms, covenants and conditions of this Deed of Trust, the Note and
<br />indebtedness secured hereby, and any other security instruments executed in connection with the
<br />indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at
<br />Trustor's expense; (b) Beneficiary may, from time to time, by written instrument executed and
<br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the
<br />Property is located and by otherwise complying with the provisions of the applicable laws of the
<br />State of Nebraska, substitute a successor or successors to the Trustee named herein or acting
<br />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
<br />disqualify Trustee to act as such Trustee, nor shall such fact prevent the Trustee or Beneficiary from
<br />bidding at a sale and buying any part or all of the Property at any sale hereunder; (d) that if it should
<br />be necessary or appropriate for the protection of the security hereby conveyed or enforcement of the
<br />debt hereby secured, for the Trustee or the Beneficiary to institute or become a party to any
<br />proceeding or suit in a court of bankruptcy or probate or other court of general or limited
<br />jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including
<br />reasonable attorneys' fees) paid or incurred by such Trustee or Beneficiary in maintaining,
<br />prosecuting or defending such proceeding or protecting their respective rights hereunder shall be an
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