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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 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 e 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 paynble, or cause the trustee to file a notice of defauft.
<br /> B�neficiary 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 reech agreement in writing that the credit of such person is sntisfactory 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 Trustar to make any payment or to perform any of
<br /> the terms and conddions of the Note,or any renewals,modifications or extensions thereof,or the peyment 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 /> Beneficiary may declare a defauk and may declnre ell sums secured hereby immediately due and peyable and the same shall �
<br /> thereupon become due nnd paynble without presentment,demend,protest or notice of any kind.Thereafter,Beneficiary may deliver
<br /> to Trustee e written declarntion of defauft end demand for sale. Trustor agrees end hereby grnnts that the Trustee shall have the F.�►
<br /> power of sele of the Property and rf Beneflciary decides the Property is to be sold it shall deposit with Trustee this Deed of Trust and Q
<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 ceuse the Property to be sold, and Trustee, in turn,shall prepare a similar notice in the form required by law, �
<br /> which shell 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 DefauR � �.
<br /> and Notice of Sale having been given as 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!ece designated in said Notice
<br /> of Sale,at public auction to the highest bidder,the purchase price peyable in cash in lewful 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 sale from
<br /> time to time until it shell be completed and,in every such case,notice of postponement shall be given by public declaration
<br /> thereot by such person at the time and plece last appointed for the sale; provided, 'rf the sale is postponed for longer than
<br /> one (t) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner rss the
<br /> originel Notice of Sale. Trustee shall execute nnd deliver to the purcheser its Deed conveying the Property so sold, but
<br /> without eny covenant or warrenty,express,or implied.The recitals in the Deed of any menners 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 shell epply the proceeds of the sale to payment of the costs
<br /> nnd expenses of exercising the power of sale nnd of the sele, including,without limitation,the payment of Trustee's Fees
<br /> incurred, which Trustee's Fees shall not in the nggregate exceed the following nmounts based upon the amount secured
<br /> hereby and remaining unpeid:5 percentum on the belance thereof,and then to the items in subparagraph(c)in the order
<br /> there stated.
<br /> (c) After paying the ftems specified in subparagraph (b), rf the sale is by Trustee, or the proper court and other costs of
<br /> forecloeure and sale ff the sele 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 coste of collection;
<br /> (2)Cost of any evidence of title prxured 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 entitled 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 Beneficiary, in form and substance satisfactory to Beneflciary, covering
<br /> any of the Property conveyed by this Deed of Trust, which security instruments shall be additional securiry for Trustor's faithful
<br /> performance of all the terms, covenants and conditions of this Deed of Trust,the promissory notes secured hereby, and any other
<br /> security instruments executed in connedion wfth this trensection.Such instruments shall be recorded or filed at 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 of the applicable laws of the State of Nebraska substitute a successor or successors to the
<br /> Trustee named herein or acting hereunder.
<br /> 9. INSPECTIONS. Beneficiary,or its egents, 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 end 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 nny breach and upon the declaration of defeuk 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 forebearence by Beneficiary or Trustee in
<br /> exercising any right or remedy hereunder, or otherwise efforded by applicable lew,shall not be a waiver of or preclude the exercise
<br /> of any such right or remedy hereunder. Likewise,the waiver by BeneCrcinry 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 defeuks subsequenty oxurring.
<br /> 12. TRUSTOR NOT RELEASED. Extension of the time for paymelpx Q,�„,modiflcation or nmortization of the sums secured by this
<br /> Deed of Trust grnnted by Beneficiary to any successor in interest of Tnystaif•ah�q�"riq r y`�,[qJ��se,in any manner,the liability of
<br /> the original Truetor and Trustor's sucxessor in interest Beneficiary s�ell npt�-¢�re� ired"!a aorocfb�c,� edings against such
<br /> successor or refuse to extend time for pnyment or otherwise modify eiPlot¢iz�et�ora o�t�5b'"'s`Lns secutetl b this Deed of Trust by
<br /> reason of any demand made by the original Trustor and Trustor's successors irt intaiest ��?`� h'"� -�
<br /> 13. BENEFICIARY'S POWERS. Wfthout affecting or releesing the liability of the Trustor or any other person liable for the
<br /> payment of any obligation 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()release any person so liable, (i)extend or renew the maturity or aRer any
<br /> of the terms of any such obligations, (iii)grant other indulgences, (v)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, (w) 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 Beneflciary 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 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 ngreement 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 instellments and over a period of more than one hundred forty-frve(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 8.14 shall not
<br /> apply to this Deed of Trust,'rf the Beneficiary herein is not a bank.
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<br /> RIOINAI.(1)
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