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R 5. TRANSFER OF THE PROPERTY;ASSUMPTION. If all or any part of the property or interest therein is sold, transferred or
<br /> otherwise conveyed by Trustor without Beneficiary's prior written consent, exciuding (a) the creation of a lien or encumbrance
<br /> � subordinate to this Deed of Trust, (b)the creation of a purchase money secur'ity interest for household appliances, (c)a transfer by
<br /> devise,descent or by operation of law upon the death of a joint tenant or(d)the grant ot any leasehold interest of three years or less
<br /> not containing an option to purchase,such action is a breach of this egreement,and Beneficiary may,at Beneficiary's option,declare �
<br /> ,_' all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee to file a notice of defauk. .�
<br /> , Beneficiary shall have waived such option to accelerate if, prior to the sale, transfer of conveyance, Beneficiary and the person to
<br /> whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary �,,,r
<br /> ,,, and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. Q
<br /> �� 6. ACCELERATION UPON DEFAULT;REMEDIES;SALE.The failure by the Trustor to make any payment or to perform any of O�
<br /> � � the terms and conditions of the Note,or any renewals,modifications or extensions thereof,or the payment of any other indebtedness Q�
<br /> secured hereby or in the performance of any of the covenants or agreements hereunder shall be a breach of this agreement and the t'.�
<br /> ,,., Beneficiary may declare a defauft and may declare all sums secured hereby immediately due and payable and the same shall �
<br /> , • thereupon become due and payable without presentment,demend,protest or notice of any kind.Thereafter, Beneficiary may deliver
<br /> to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shall have the
<br /> power of sale of the Property and ff Beneficiary decides the Property is to be sold it shall deposit wfth Trustee this Deed of Trust and
<br /> the Note or notes and eny other documents evidencing expenditures secured hereby,and shall deliver to Trustee a written notice of
<br /> 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,
<br /> which shall be duly filed for record by Trustee.
<br /> (a) After the lapse of such time as may be required by law following the recordation of Notice of Defauk,and Notice of Default
<br /> and Notice of Sale having been given es required by lew,Trustee,without demand on Trustor,shall sell the Property in one
<br /> or more pnrcels nnd in such order as Trustor mey determine on the date and the time end p!ace designated in said Notice
<br /> of Sale, at public euction to ths highest bidder,the purchase price payable in cash in lawful money of the United States at
<br /> the time of sale.The person conducting the sale may,for eny cause he or she deems expedient, postpone the sale from
<br /> time to time until it shall be completed and,in every such cese,notice of postponement shall be given by public declaration
<br /> thereof by such person at the time and place last appointed for the sale;provided, if the sale is postponed for longer than
<br /> one (1) day beyond the day designated in the Notice of Snle, notice thereof shall be given in the same manner as the
<br /> original Notice of Sale. Trustee shell execute and deliver to the purchaser its Deed conveying the Property so sold, but
<br /> without eny 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,including without limitetion Beneficiary or Trustee,may purchase at the sale.
<br /> (b) When Trustee sells pursuant to the powers herein, Trustee 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,wkhout limitetion,the payment of Trustee's Fees
<br /> incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amount secured
<br /> hereby end remaining unpaid:5 percentum on the balance thereofi and then to the items in subparagraph (c)in the order
<br /> there stated.
<br /> (c) Aiter paying the items specified in subparagraph (b), H the sale is by Trustee, or the proper court and other costs of
<br /> foreclosure and sale if the sale is pursuant to judicial foreclosure,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 connection with such sale and of any revenue required to be paid;
<br /> (3)All obligations secured by this Trust deed;
<br /> (4)The remainder,'rf any,to the person legally entitled thereto.
<br /> 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor, at its expense,will execute and deliver to the Beneficiary, promptly upon
<br /> demand, such securiry instruments as mny be required by Beneficiary, in form end substance satisfactory to Beneficiary, covering
<br /> any of the Property conveyed by this Deed of Trust, which security instruments shall be edditional security for Trustor's fafthful
<br /> performance of all the terms, covenants end conditions of this Deed of Trust,the promissory notes secured hereby, end any other
<br /> security instruments executed in connection with this transaction.Such instruments shall be recorded or filed et Trustor's expense.
<br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by e written instrument executed and
<br /> acknowledged by Beneficiary, meiled to Trustor and recorded in the county or counties in which the Property is located and by
<br /> othervvise complying with the provisions of the applicable laws of the State of Nebraska substitute e successor or successors to the
<br /> Trustee named herein or acting hereunder.
<br /> 9. INSPECTIONS. Beneficiary,or its agents, representatives or workmen,nre authorized to enter at any reasonable time upon
<br /> or in any part of the Property for the purpose of inspecting the same and for the purpose of pe�forming 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 any breach and upon the declaration of default hereunder,Beneficiary
<br /> shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br /> 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Beneficiary or Trustee in
<br /> exercising any right or remedy hereunder,or otherwise afforded by applicable Iaw, shall not be a waiver of or preclude the exercise
<br /> of any such right or remedy hereunder. Likewise,the waiver by Beneficiary 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 defauks subsequently occurring.
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for payment or modification or amortization of the sums secured by this
<br /> Deed of Trust granted by Beneficiary to any successor in interest of Trustor Shall not operate to release,.in,an�iiibi ner,the liability of
<br /> the original Trustor and Trustor's successor in interest. Beneficiary shall rlot be required to commence prn�ee�gs against such
<br /> successor or refuse to extend time for payment or otherwise modity amCrtization of the sums set�rA7J"by t#►ic�Deed of Trust by
<br /> reason of any demand made by the original Trustor and Trustor's successors in interest. � . .
<br /> 13. BENEFICIARY'S POWERS. Without affecting or releesing the liability of the Trustor or any other person liable for the
<br /> payment of any obligation herein mentioned, and without effecting 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 amount of all unpaid obligations, Beneficiary may,from time to time
<br /> and without notice at the request of one or more Trustors(i)release any person so liable, (i)extend or renew the maturity or after eny
<br /> of the terms of any such obligations, (iii)grant other indulgences, (iv)relense or reconvey,or cause to be releesed or reconveyed at
<br /> any time at Beneficiary's options nny parcel, portion or all of the Property, (v)take or release any other or additional security for any
<br /> obligation herein mentioned, (v) make compositions or other arrangements with debtors in relation thereto. All Trustors shall be
<br /> jointly and severally obligated and bound by the actions of the Beneficiary or any trustor as herein stated.
<br /> 14. ATTORNEY FEES,COSTS AND EXPENSES. If the Bene�iciary of this Deed of Trust is a bank as defined by Nebraska law,
<br /> any statement contained in any other section of this deed notwdhstanding,the Beneficiary shall not be entitled to receive or take and
<br /> debtor shall not be obligated to pay or give;any confession of judgment, power of attorney to confess judgment,power of attorney to
<br /> appear for a borrower in a judicial proceeding or agreement to pay 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%per annum or less,or the note referred to in this deed is repayable in
<br /> two or more equal or unequel installments and over a period of more than one hundred forty-five(145)months. Provided, however,
<br /> that this section does not apply to the trustee fee referred to in Paragraph 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 /> oRlaiwu.(i)
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