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5. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the property or interest therein is sold, transferred or otherwise conveyed by Trustor without Beneficiary',, )rior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust. (b) the creation of a puncho se m )ney security' irate east for household appliances, (c) a transfer by devise, descent or by operation of law upon the death ol a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, such action is a breach of this agreement, and Beneficiary may, at Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee to file a notice of default. Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer of conveyance, Beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. e. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor to make any payment or to perform any of the torm- and conditions of the Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness ~r secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the i3enefictary may declare a default and may declare all sums secured hereby immediately due and payable and the same shall C* thereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiaryrflay deliverIj to Trustee a written declaration of default and demand for sale, Trustor agrees and hereby grants that the Trustee shalt have the W, power of sale of the Property and if Beneficiary decides the Property is to be sold it shall depcE%it with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of r default and election to cause the Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law. which shall be duly filed for record by Trustee. a (a) After the lapse of such time as may be required by law following the recordation of Notice of Default. and Notice of Default and Notice of Sala having been given as required by law. Trustee, without demand on Trustor, shall sell the Property in ona or more parcels and in such order as Truster may determine on the date and the time and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than cne (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so void, but without any covenant or warranty, express, or implied. The recitals in the Deed of any manners or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Beneficiary or Trustee, n.ay purchase at the sale. (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the balance thereof, and then to the items in subparagraph (c) in the order there stated. (c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated be;ow to the payment of. (1) Attorneys fees and costs of collection; (2) Cos: of any evidence of title procured in connection with such sale and of any revenue required to be paid; (3) All obligations secured by this Trust deed: (41 Th1 remainder, if any, to the person legally entitled thereto. 7. ADDITIONAL SECURITY INSTRUMENTS. Trustor, at its expense, will exeL. le and deliver to the Beneficiary, promptly upon demana. such security instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust, which security instruments shall be additional security for Trustor's faithful perforrance of all the :arms, covenants and conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transaction. Such instruments shall be recorded or filed at Trustor's expense. 8, APPOINTMENT OF SUCCESSOR TRUSTEE, Beneficiary may, from time to time, by a writ'a,i instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which thu Property is located and by otherwise complying with the provisions of the Lpplicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. g. INSPECTIONS. Beneficiary, or its agents, representatives )r workmen, are authorized to enter at any reasonable time upon or In any part of the Property for the purpose of inspecting the sam + and fm the purpose of performing any of the acts it is authorized to perform under the terms of the Deed of Trust. 10. OPTION TO FORECLOSE. Upon the occurrence of any breach and upon the declaration of default hereunder, Beneficiary 5ha!I have the option to foreclose this Dead of Trust in the manner provided by law for the foreclosure of mortgages on real property. 1 i. FOFiEBE.ARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 12, TRU3TOR NOT RELEASED. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any SUrcessor in interest of Truster shall not operate to release, in any manner, the liability of the original Trustor and Trustor', successor in interest. Beneficiary shall not be required to commence proceedings against such Jucressor ar refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of .,ny demand made by the original Trustor and Truster's successors in interest. 13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Truster or any other person Iiable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to time 29d without notice at the request of one or more Trusters (i) release any person so liable, (ii) extend or renew !ire maturity or alter any c' the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or causo to be rrtleac.vd or reconveyed at any time at Beneficiary's options any parcel, portion or all of the property, (v) take or release any other or additional secority for any obligation heroin mentioned, (vi) make compositions or other nrrangernents with debtors in relation thereto. All Trusters shall be jointly and severally obligated and bound by the actions of the Beneficiary or any trustor as herein stated. 14. ATTORNEY FEES, COSTS AND EXPENSES. If the Beneficiary or this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed notwithstanding, the Beneficiary shall not be entitled to receive or take nod debtor ;halt not be obligated to pay or give; any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the costs of collection or the attorneys' fees, unless the interest nay:.ble by the terms of the Note referred to in thin deed is 16% per annum or less, or the note referred to in ihis deed is repayahle in two or more .equal or unequal installments and over a period of more than one hundred forty-five (145) months. provided, however, that this section does not apply to thr. trustee fee referred to in Paragraph B.6(b). Provided further that this Paragraph 13.14 shrill not Bpply tp tine Deed of Trust. !f the Beneficiary herein is not a bank. ORIGINAL (1) 7u7r 'C'✓. ' i 99 .".ct, cs~.a !BORROWER COPY (1)~1 LX 751C 0a RETt_NTION ODPY (111