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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
<br /> otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding (e) the creation of e lien or encumbrance
<br /> , subordinate to this Deed of Trust, (b)the creation of n purchase money security interest for household appliances, (c)e trensfer by
<br /> � devise,descent or by operation of law upon the death of a joint tenant or(d)the grent of any leasehold interest of three years or less
<br /> not containing en option to purchase,such ection is a breech of this ngreement,and Beneficiery 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 default.
<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 reech agreement in wrfting that the credit of such person is satisfactory to Beneficiary �
<br /> �.
<br /> and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<br /> 6. ACCELERATION UPON DEFAULT;REMEDIES;SALE.The feilure by the Trustor to make any payment or to perform any of M�
<br /> ,. , the terms and conditions of the Note,or any renewals,modifications or extensions thereof,or the payment of any other indebtedness C'
<br /> , secured hereby or in the performance of any of the covenants or agreements hereunder shall be e breach of this agreement and the Q�
<br /> Beneficiary may declare a default and may declare all sums secured hereby immediately due and payable and the same shall �
<br /> ��} thereupon become due and payable without presentment,demand,protest or notice of any kind.Thereafter, Beneficiary may deliver �'y^
<br /> � to Trustee n written declaration of defauk end demand for sale. Trustor agrees and hereby grants that the Trustee shall have the �
<br /> power of sale of the Property and'rf Beneficiary decides the Property is to be sold it shall deposit with Trustee this Deed of Trust and
<br /> the Note or notes and any other documents evidencing expenditures secured hereby,and shall deliver to Trustee a written notice of
<br /> defauR 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 flled for record by Trustee.
<br /> (a) After the lapse of such time as may be required by law following the recordation of Notice of Defauft,and Notice of Default
<br /> ' and Notice of Sale heving been given es required by law,Trustee,without demand on Trustor,shall sell the Property in one
<br /> or more parcels and in such order as Trustor may determine on the date and the time and p!ace designated in said Notice
<br /> of Sale, at public auction to the 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 any cause he or she deems expedient, postpone the snle from
<br /> time to time until it shall be completed and,in every such case,notice of postponement shall be given by public declaration
<br /> thereof by such person at the time and plece last eppointed for the sale; provided,if the sale 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 seme manner as the
<br /> original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but
<br /> without eny covenant or warranty,express,or implied.The recitels in the Deed of any manners or facts shall be conclusive
<br /> proof of the truthfulness thereof.Any person,including without limitation 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 /> end 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 aggregate exceed the following amounts based upon the amount secured
<br /> hereby and remaining unpaid:5 percentum on the balance thereof;and then to the items in subparagraph(c)in the order
<br /> there stated.
<br /> (c) After paying the items speci�ed in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of
<br /> foreclosure and sale"rf 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,if any,to the person legally antitled thereto.
<br /> 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor, et fts expense,will execute and deliver to the Beneficiary, promptly upon
<br /> demand, such security instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering
<br /> any of the Property conveyed by thia Deed of Trust, which security instruments shell be adddional security for Trustor's fafthful
<br /> performance of all the terms, covenents and conditions of this Deed of Trust,the promissory notes secured hereby,and any other
<br /> security instruments executed in connection with this transection.Such instruments shell be recorded or flled at Trustor's expense.
<br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary mey, from time to time, by a written instrument executed and
<br /> acknowledged by Beneficiary, mailed to Trustor and racorded in the county or counties in which the Property is located end by
<br /> othervvise complying wkh the provisions of the applicebla laws of the Stnte of Nebreska substitute a 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 reesonable time upon
<br /> or in any part of the Property for the purpose of inspecting the same end for the purpose of performing any of the acts ft is authorized
<br /> to perform under the terms of the Deed of Trust.
<br /> 10. OPTION TO FORECLOSE. Upon the occurrence of eny breech and upon the declaration of defe►uR 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 torebearance by Beneficiary or Trustee in
<br /> exercising any right or remedy hereunder,or othervvise afforded by applicable law, shall not be a waiver of or preclude the exercise
<br /> of eny such right or remedy hereunder. Likewise,the waiver by Beneficiary or Trustee of eny defauk 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 /> ,..,�..�_._,.�..�.
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for payment or rnt�iidfit�ior�a�P'.�ttt�atia[#pf the sums secured by this
<br /> Deed of Trust granted by Beneflciary to any successor in interest of Trustor shal¢p�t,�pe��t�r�o��ilee�ed,�.i4t�m"�ner,the liability of
<br /> the original Trustor and Trustor's successor in interest. Beneficiary shall'no�bo r,�equired to'cot�mence pt,cee�ings against such
<br /> successor or retuse to extend time for payment or othervvise modity nmo�lizetiort of the sums�s�e�ure�`by'tk►i� 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 releasing the liability of the Trustor or sny other person liable for the
<br /> payment of eny 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 obligetions, Beneficiary may,trom time to time
<br /> and without notice at the request of one or more Trustors()release eny person so liable,(ii)extend or renew the maturity or alter any
<br /> of the terms of any such obligations, (ii)grant other indulgences, ('rv)release or reconvey,or cause to be released or reconveyed at
<br /> any time at Beneficiary's options any parcel, portion or ell of the Property, (v)take or release any other or additional security for any
<br /> obligation herein mentioned, (w) meke compositions or other arrangemente with debtors in reletion thereto. All Trustors shall be
<br /> jointly end severally obligated and bound by the actions of the Beneficiary or nny trustor as herein stated.
<br /> 14. ATTORNEY FEES,COSTS AND EXPENSES.If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law,
<br /> any statement contained in any other section of this deed notwithstanding,the Beneficiary shell 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 pey 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 i 6%per 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 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 6.6(b). Provided further that this Paragraph 6.14 shall not
<br /> apply to this Deed oi Trust,rf the Beneficiary herein is not a bank.
<br /> ORIGINAL(1)
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