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<br /> 93-1033:.6
<br /> 11. Atsekrration Upon Default; MommFW; Sale. Upon defouit by Trvsror in the payment of or performance of the terms and conditions of
<br /> the Note, or any renewals, modifications or extensie!us thereof, or the paytwd of amf other indebtedness secured hereby or in the pt!rformance
<br /> of any of the convenants or agreements hereunder, Beneficiary tics deckire oil stints secured hereby immediately due end payable and the some
<br /> shall thereupon become due and payable without presentment, 4emond. protest or notice of any kind. Thereafter, Beneficiary may deliver to
<br /> Trustee a wr4ten declaration of default and demand for sole. Trustee shag have the partner of sole of the Property and if Beneficiary decides the
<br /> Property is 'to be sold it shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures
<br /> secured hereby, grid shall deliver to Trustee a written rtatice of tMoult and election to cause the Property to be sold, ark Trustee, in turn, :hell
<br /> prepare o similar notice in the form required by law which shall be duly filed for record by Trustee.
<br /> (a) After the lapse of such time as may be required by :aw following the recordation of Notice of Default, and !Notice of Default and Notice of
<br /> We having been given as required by low, Trustee, without dem-and on Trustor, shall sell the Property in ane or more parcels and in such order
<br /> as Trustor may & termine on the date and at the time and place desigrwtcti in said Notice of Sole, at public auction to the highest bidder, the pur-
<br /> cha a price paya1:-3 in cash in lawful stoney of the united States as the time of sale. The person conducting the sole may, for any cause he or she
<br /> de%ms expedient, postpone the sole from time to time ;mtil it six-0 be completed and, in every such case, notice of postponement shall be given
<br /> by public declaration thereof by such person at the tuns and place, last appointed for the sole; provided, if the sole is postponed for longer than
<br /> one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the some manner as the original Notice of Sole,
<br /> Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without cny convenont or warranty, express, or
<br /> implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br /> limitation Trustee, may purchase at the sole.
<br /> (b). When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sole to payment of the costs and expenses of
<br /> exercising the power of sale and of the sole, including. without limitatioc, the payment of. Trustee's Fees incurred, which Trustee's Fees shall not
<br /> in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid. 5 percenturn on tltr balance
<br /> thereof; and then to the items set forth in subparagraph (c) hereof in the order therein stated.
<br /> (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
<br /> if the sole is pursuant to judicial foreclosurf, the proceeds of sale shall bN arplied in the order stated below to the payment of.
<br /> (1) Cost of any evider-ce of title procured in connection with such stile and of any revenue required to be paid;
<br /> (2) Attorneys fees;
<br /> (3) All sums then secured hereby;
<br /> (4) Junior trust deeds, rrortgoges, or outer lier6olders; and
<br /> (5) The remainder, if any, 'o th'r person or pei:,ons legally entitled thereto.
<br /> (d) If the Beneficiary of th=.,; Dew of Trust is a bank as defined by Kebrasko low, any statement contained in any other section of this deed
<br /> notwithstanding, the Beneficiary shall not be entitled to receive or take and debtor shoii not be obligated to pay or give; any confession of judg-
<br /> ment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the costs
<br /> of collection of the attorneys' fees, unless such acts of collection would rot otherwise be prohibited by Nebraska law. Provided, however, that
<br /> this section does not apply to the Trustee fee referred to in paragraph 6 (b). Provider/ further, that this paragraph shall not apply to this Creed of
<br /> Trust, if the Beneficiary is not k. bank.
<br /> 12. Additional Sacarity Instruments. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand. such securi-
<br /> ty instruments as troy be required by Beneficiory, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by
<br /> this Deed of Trust, which security instruments shall be additional security for Trustor's faithful irrformance of all of the terms, covenants and
<br /> conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this iron-
<br /> saction. Such instruments shall be recorded or filed at Trustee's expense.
<br /> 13. Appointment of Successor Trustee. Beneficiary may,. from time to time, by a written instrument executed and acknowledged by
<br /> Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is locoted and by otherwise complying with the provi-
<br /> sions of the applicable laws of the State of Nebraska, substitute o successor or successors to the Trustee nomed herein or acting hereunder.
<br /> 14. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part
<br /> of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the
<br /> terms of the Deed of Trust.
<br /> 15. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in
<br /> the manner provided by low for the foreclosure of mortgages on real property.
<br /> 16. Forebearan(e by Beneficiary Not a Waiver. Any forebearance by BeneRciarf in exercising any right or remedy hereunder, or otherwise
<br /> afforded by applicable law, shall not be a waiver of or preclude the exercise of ,any such right or remedy. Likewise, the waiver by Beneficiary of
<br /> any defoull of Trustor under this Deed of Trust shall not be deemed to be o waiver of any other or similar defaults subsequently occurring,
<br /> 17. Trustor Not Released. Extension of the time for payment or modificat+on C,r amortization of the sums secured by this Deed of Trust
<br /> granted by Beneficiary to any successor in interest of. Trustor shall not operate to release, in any manner, the liability of the original Trustor and
<br /> Trustee's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time far
<br /> payment or otherwise modify amortization of the sums secured by this Deed of ,rost by meson of any demand made by the original Trustor and
<br /> Truster's Successor in interest.
<br /> 18. Benefiziary''s Powers, Without affecting the liability of the Trustor or any other person liable for the payment oti any obligation herein
<br /> mentioned, and without affecting the lien or charge of this Deea of Trust upon ony portion of the Property not then or theretofore released is
<br /> security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice, (i) release any person so liable, (ii)
<br /> extend the maturit+r or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be
<br /> released or reconveyea at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional
<br /> security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br /> 19. Future Advances. Upon re uest of Trustor. Trustee at Trustee's option, prior to reconveyance of the Property to Trustor, may make
<br /> future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory
<br /> notes stating that said notes are secured hereby; provided that at no time shall the secured principal, future advances, not including sums ad-
<br /> vanced to protect the security, exceed an aggregate principal amount of
<br /> 20. Reconveyance 6y Trustee. Upon written request of Beneficiary stating that all sums, secured hereby have been paid, and upon surrender
<br /> of this Deed of Trust and the Note to Trustee for cancellation and retention and upen payment by Trustor of Trustee's fees, Trustee shall
<br /> reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The
<br /> recitals in such reconveyunce of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyonce may
<br /> be described as "the person or parsons legally entitled thereto".
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