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s 5. TRANSFER OF THE PROPERTY;ASSUMPTION. if all or any part of the property or interest therein is sold, trensferred or
<br /> otherwise conveyed by Trustor wdhout Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance
<br /> • subordinate to this Deed of Trust, (b)the creation of a purchase money security 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 of any leasehold interest of three years or less
<br /> not containing an option to purchase,such action is a breach of this agreement,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 rf, 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 �
<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 failure by the Trust�r to make any payment or to perform any of .
<br /> the terms and conditions of the Note,or any renewals,modifications or extensions thereof,or the payment of any other indebtedness
<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 /> Beneflciary may declare a defauft and may declare all sums secured hereby immediately due and payable and the same shall
<br /> thereupon become due and payeble wfthout presentment,demand, protest or notice of any kind.Thereafter, Beneficiary may deliver
<br /> to Trustee a written declaration of defauft nnd demand for sele. 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 sofd it shall deposit wfth 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 /> 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. Q
<br /> (a) After the lapse of such time as mey be required by law following the recordation of Notice of DefauR,and Notice of Default d1i
<br /> and Notice of Sale having been given es required by law,Trustee,without demand on Trustor,shall sell the Property in one �y
<br /> or more parcels and in such order ns Trustor may determine on the date and the time and p!ece designated in seid Notice �
<br /> of Sale,at public auction to the highest bidder,the purchese price payable in cash in lawful money of the United States at �
<br /> the time ot sale.The person conducting the sale may,for any cause he or she deems expedient, postpone the sale 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 end place lest 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 Sale, notice thereof shall be given in the same manner as the
<br /> original Notice of Sale. Trustee shell execute and deliver to the purchaser ds 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 truthiulness thereof.Any person,including without limRation Beneficiary or Trustee,may purchase at the sale.
<br /> (b) When Trustee sells pursuant to the powers herein,Trustee ahall 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 eggregete exceed the following amounts besed upon the amount secured
<br /> hereby and remaining unpaid:5 percentum on the balence thereof;and then to the items in subparagraph (c)in the order
<br /> there 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
<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,'rf any,to the person legelly entdled thereto.
<br /> 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor, at its expense,will execute and deliver to the Beneflciary,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 this Deed of Trust, which security instruments shall be edditional security for Trustor's faithful
<br /> performance of all the terms, covenants and condkions of this Deed of Trust, the promissory notes secured hereby, and any other
<br /> security instruments executed in connection with this transection.Such instruments shall be recorded or filed ed Trustor's expense.
<br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by
<br /> otherwise complying with the provisions ot the appliceble laws of the State of Nebraska substitute a successor or successors to the
<br /> Trustee named herein or acting hereunder.
<br /> 9. INSPECTIONS. Bene6ciary, or its agents, representatives 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 same and for the purpose of performing eny 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 defauk hereunder, Beneficiary
<br /> shall have the option to foreclose this Deed of Trust in the manner provided by lew 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 epplicable law, 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 defauk of Trustor under this Deed of
<br /> Trust shall not be deemed to be a waiver of any other or similar defauRs subsequently occurring.
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for payment•o�.modiflGA�jon or amortization of the sums secured by this
<br /> Deed of Trust granted by Beneficiary to any successor in interest of T¢us$6��§FieA tlot.op6rat�3t�teCei�S,,� y manner,the liability of
<br /> the original Trustor and Trustor's successor in interest. Beneficiary�Shall ho[.tie,tbqt�t�,��comme��e p ceedings against such
<br /> successor or refuse to extend time for payment or otherwise modi��mdrttzetion,:63 the:,3y�s�ci�f�ad this Deed of Trust by
<br /> reason of any demand made by the original Trustor and Trustor's successors in inter8b'°�-•-�•�----...,.;::. ..,��..
<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 obligetion herein mentioned, and without affecting 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 any
<br /> of the terms of any such obligations, (ii)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 Property, (v)take or release any other or additional security for any
<br /> obligation herein mentioned, (vi) 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 Bene6ciary or any 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 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 tor a borrower in a judiciel 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 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 B.6(b). Provided further that this Paragraph 6.14 shall not
<br /> apply to this Deed of Trust,'rf the Beneficiary herein is not a bank.
<br /> ORIGINAL(1)
<br /> an�c�.o�i ..sn u.,'...er. ennnnwen rnnv i�� M�cer nw .
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