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200400461
<br />(a) After the lapse of such time as may be required by law following the recondition
<br />of Notice of Default, and notice of Default and Notice of Sale having been given as
<br />required by law, Trustee, without demand on Trustor, shall sell the Property hereinbefore
<br />described, and any and every part thereof, in separate parcels or en masse as the Trustee
<br />may elect and in such order as Trustee may determine on the date and at the time and
<br />place designated in said Notice of Sale, at public auction to the highest bidder, the
<br />purchase price payable in cash in lawful money of the United States at the time of sale.
<br />The person conducting the sale may, for any cause he or she deems expedient, postpone
<br />the sale from time to time until it shall be completed and, in every such case, notice of
<br />postponement shall be given by public declaration thereof by such person at the time and
<br />place last appointed for the sale; provided, if the sale is postponed for longer than one (1)
<br />-day beyond the day designated in the Notice of Sale, notice thereof shall be given in the
<br />same manner as the original Notice of sale. Trustee shall execute and deliver to the
<br />purchaser its Deed conveying the property so sold, but without any covenant or warranty,
<br />express or implied. The recitals in the Deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including without limitation, Beneficiary or
<br />Trustee may purchase at the sale. Said sale shall be conducted at the real estate forming a
<br />part of the Property or at the court house in the county in which the Property to be sold,
<br />or some part thereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the
<br />proceeds of the sale to payment of the costs and expenses of exercising the power of sale
<br />and of the sale, including, without limitation, the payment of Trustee's fees incurred,
<br />which Trustee's fees shall not in the aggregate exceed the sum of Five Hundred and
<br />no /100 Dollars ($500.00) plus '' /z of 1% of the amount secured hereby and remaining
<br />unpaid and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the
<br />order therein stated.
<br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if
<br />the sale is by Trustee, or the proper court and other costs of foreclosure and sale if sale is
<br />pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated
<br />below to the payment:
<br />(1) Cost of any evidence of title procured in connection with such
<br />sale and of any 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
<br />thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and
<br />a copy of any Notice of Sale provided for herein above be mailed to each such party at the party's
<br />post office address set forth herein. Upon the occurrence of any default hereunder, Beneficiary
<br />shall have the option to foreclose this Deed of Trust in the manner provided by law for the
<br />foreclosure of mortgages on real property.
<br />SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, will execute and
<br />deliver to Beneficiary, promptly upon request, such security instruments as may be required by
<br />Beneficiary, in a form and substance satisfactory to Beneficiary, covering any of the Property
<br />conveyed by this Deed of Trust which security instruments shall be additional security for
<br />Trustor's faithful performance of all of the terms, covenants and conditions of this Deed of Trust,
<br />the Note and indebtedness secured hereby, and any other security instruments executed in
<br />connection with the indebtedness secured by this Deed of Trust; and all such instruments shall be
<br />filed and recorded at Trustor's expense; (b) Beneficiary may, from time to time, by written
<br />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
<br />provisions of the applicable laws of the State of Nebraska, substitute a successor or successors to
<br />the Trustee named herein or acting hereunder; (c) although the Trustee, or Trustee's successor or
<br />successors, may be an agent of, or attorney for, or otherwise connected with the Beneficiary, such
<br />fact shall not be construed to disqualify Trustee to act as such Trustee, nor shall such fact prevent
<br />the Trustee or Beneficiary from bidding at a sale and buying any part or all of the Property at any
<br />sale hereunder; (d) that if it should be necessary or appropriate for the protection of the security
<br />hereby conveyed or enforcement of the debt hereby secured, for the Trustee or the Beneficiary to
<br />institute or become a party to any proceeding or suit in a court of bankruptcy or probate or other
<br />court of general or limited jurisdiction, all expenses and costs properly incurred by said Trustee
<br />or said Beneficiary (including reasonable attorneys' fees) paid or incurred by such Trustee or
<br />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
<br />manner with the principal debt herein described; (e) Beneficiary, or its agents, representatives or
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