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<br /> 5. TRANSFER OF THE PROPERTY; ASSUMPTION. If II or any part of the property or interest therein is sold, transferred or
<br /> otherwise conveyed by Trustor without Beneficiary's prior ritten consent, excluding (a) the creation of a lien or encumbrance
<br /> subordinate to this Deed of Trust, (b)the creation of a purch se money security interest for household appliances, (c) a transfer by
<br /> devise, descent or by operation of law upon the death of a joi t tenant or(d�the grant of any leasehold interest of three years or less
<br /> not containing an option to purchase, such action is a breach f this agreement,and Beneficiary may,at Beneficiary's option,declare
<br /> all the sums secured by this Deed of Trust to be immedia ly due and payable, or cause the trustee to file a notice of default. �
<br /> Beneficiary shall have waived such option to accelerate if, p ior to the sale, transfer of conveyance, Beneficiary and the person to �
<br /> wl�om the property is to be sold or transferred reach agreem nt in writing that the credit of such person is satisfactory to 8eneficiary �
<br /> and that the interest payable on the sums secured by this Dee of Trust shall be at such rate as Beneficiary shall request. �
<br /> 6. ACCELERATION UPON DEFAULT; REMEDIES; SAL .The failure by the Trustor to make any payment or to pertorm any of ,�t�
<br /> the terms and conditions of the Note,or any renewals,modific tions or extensions thereof,or the payment of any other indebtedness r
<br /> secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the �
<br /> Beneficiary may declare a default and may declare all sum secured hereby immediately due and payable and the same shall �
<br /> i ; thereupon become due and payable without presentment, de and, protest or notice of any kind.Thereafter, Beneficiary may deliver �
<br /> to Trustee a written declaration of default and demand for s ie. Trustor agrees and hereby grants that the Trustee shall have the
<br /> power o1 sale nt the Property and if Beneficiary decides the Pr perty is to be sold it shall deposit with Trustee this Deed of Trust and
<br /> the Note or notes and any other documents evidencing expen itures secured hereby, and shall deliver to Trustee a written notice of
<br /> defauit and election to cause the Property to be sold, and Tru tee, in turn, shall prepare a similar notice in the form required by law,
<br /> which shall be duly ffled for record by Trustee.
<br /> (a) After the lapse of such time as may be required by I w following the recordation of Notfce of Default, and Notice of Default
<br /> and Notice of Sale having been given as required by aw,Trustee,without demand on Trustor,shall sell the Property in one
<br /> or more parcels and in such order as Trustor may d ermine on the date and the time and p!ace designated in said Notice
<br /> oi Sale, at public auction to the highesC bidder, the p rchase price payable in cash in lawful money of the United States at
<br /> the fime of sale, The person conducting the sale ma , for any cause he or she deerns expedient, postpone the sale from
<br /> time to time until it shall be completed and, in every s ch case, notice of postponement shall be given by public declaration
<br /> thereof by such person at the time and place last ap ointed for the sale; provided, if the sale is postponed for longer than
<br /> one (1) day beyond the day designated in the Noti e of Sale, notice thereof shall be given in the same manner as the
<br /> onginal Notice of Sale. Trustee shall execute and d liver to the purchaser its Deed conveying the Property so sold, but
<br /> without any covenant or warranty, express,or implied.The recitals in the Deed of any manners or facts shall be conclusive
<br /> proof of the truthfulness thereof.Any person,includin without limitation Beneficiary or Trustee, may purchase at the sale.
<br /> (b) When Trustee selis pursuant to the powers herein, rustee shall apply the proceeds of the sale to payment of the costs
<br /> and expenses of exercising the power of sale and of the sale, including, without limitation, the payment of Trustee's Fees
<br /> incurred, which Trustee's Fees shall not in the aggre ate exceed the following amounts based upon the amount secured
<br /> hereby and remaining unpaid: 5 percentum on the b lance thereof;and then to the items in subparagraph (c)in the order
<br /> there stated.
<br /> (c) After paymg the items specified in subparagraph (b, if the sale is by Trustee, or the proper court and other costs of
<br /> foreclosure and sale if the sale is pursuant to judicial oreclosure,the proceeds of sale shall be applied in the order stated
<br /> below to the payment of:
<br /> (1)Attorneys fees and costs of collection;
<br /> (2)Cost of any evidence of title procured in connecti n with such sale and of any revenue required to be paid;
<br /> (3)All obligations secured by this Trust deed;
<br /> (4)The remainder,if any,to the person legally entitle thereto.
<br /> 7. ADDITIONAL SECURITY INSTRUMENTS. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon
<br /> demand, such security instruments as may be required by Ben ficiary, in form and substance satisfactory to Beneficiary, covering
<br /> any of the Property conveyed by this Deed of Trust, which s curity instruments shall be additional securiry for Trustor's faithful
<br /> performance of all the terms, covenants and conditions of this eed of Trust, the promissory notes secured hereby, and any other
<br /> security instruments executed in connection with this transaction.Such instruments shall be recorded or filed at Trustor's expense.
<br /> 8• APPOINTMENT OF SUCCESSOR TRUSTEE. Benefici ry may, from time to time, by a written instrument executed and
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded n the county or counties in which the Property is located and by
<br /> otherwise complying with the provisions of the applicable laws o the State of Nebraska substitute a successor or successors to the
<br /> Trustee named herein or acting hereunder.
<br /> 9. INSPECTIONS. Beneficiary, or its agents, representative or workmen, are authorized to enter at any reasonable time upon
<br /> or in any part of the Property for the purpose of inspecting the sa e and for the purpose of performing any of the acts it is authorized
<br /> to perform under the terms of the Deed of Trust.
<br /> 10. OPTION TO FORECLOSE. Upon the occurrence of an breach and upon the declaration of default hereunder, Beneficiary
<br /> shall have the option to foreclose this Deed of Trust in the manne provided by law for the foreclosure of mortgages on real property.
<br /> 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE OT A WAIVER. Any forebearance by Beneficiary or Trustee in
<br /> exercising any right or remedy hereunder, or otherwise afforded y applicable law, shall not be a waiver of or preclude the exercise
<br /> of any such right or remedy hereunder. Likewise, the waiver by eneficiary or Trustee of any default of Trustor under this Deed of
<br /> Trust shall not be deemed to be a waiver of any other or similar d aults subsequently occurring,
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for p yment or modification or amortization of the sums secured by this
<br /> Deed of Trust granted by Beneficiary to any successor in interest f Trustor shall not operate to release, in any manner,the liability of
<br /> the original Trustor and Trustor's successor in interest. Benefici ry shall not be required to commence proceedings against such
<br /> successor or refuse to extend time for payment or otherwise dify amortization of the sums secured by this Deed of Trust by
<br /> reason oi any demand made by the original Trustor and Trustor°s uccessors in interest.
<br /> 13. BENEFICIARY'S POWERS. Without affecting or relea ing the liability of the Trustor or any other person liable for the
<br /> payment of any obligation herein mentioned, and without affectin the lien or charge of this Deed of Trust upon any portion of the
<br /> Property not then or theretofore released as security for the full a ount of all unpaid obligations, Beneficiary may, from time to time
<br /> and without notice at the request of one or more Trustors(i)releas any person so liable, (ii)extend or renew the maturity or alter any
<br /> of the terms ot any such obligations, (iii)grant other indulgences, iv)release or reconvey,or cause to be released or reconveyed at
<br /> any time at Beneficiary's options any parcel, portion or all of the roperty, (v)take or release any other or additional security for any
<br /> obligation herem mentioned, (vi) make compositions or other a angements with debtors in relation thereto. All Trustors shall be
<br /> jointly and severally obligated and bound by the actions of the Ben ficiary or any trustor as herein stated.
<br /> 14. ATTORNEY FEES,COSTS AND EXPENSES. If the Ben ficiary of this Deed of Trust is a bank as defined by Nebraska law,
<br /> any statement contained in any other section of this deed notwith tanding,the Beneficiary shall not be entitled to receive or take and
<br /> debtor shall not be obligated to pay or give; any confession of jud ment, power of attorney to confess judgment,power of attorney to
<br /> appear for a borrower in a judicial proceeding or agreement to p y the costs of collection or the attorneys'fees, unless the interest
<br /> payable by the terms of the Note referred to in this deed is 16%p r annum or less,or the note referred to in this deed is repayable in
<br /> two or more equal or unequal installments and over a period of ore than one hundred forty-five (145) months. Provided, however,
<br /> that thss sectfon does not apply to the trustee fee referred to in P ragraph B.6(b). Provided further that this Paragraph B.14 shall not
<br /> apply to this Deed of Trust,if the Beneficiary herein is not a bank.
<br /> ORIGI AL(1)
<br /> 607677 REV.57=�bi4io7aska BORR WER COPY(1) oo�szC.oa
<br /> RETE TION COPY(1)
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