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<br /> FOURTH: If there shall be filed by ar against the Trustor any petition or proceeding seeking any arrangement or composition or extension
<br /> of any other relief under or pursuant to the Federal Bankruptcy Code or any other similar statute as is now or hereafter in effect,or if the
<br /> mzstor shall be adjudicated bankrupt ar insolvent or any of Trustar's property shall have been sequestered and such decree shall have
<br /> continued undischarged and unstayed for ninety(90)days after the entry thereof, then the whole of the Note and indebtedness hereby
<br /> secured shall,without notice,at the option of the Beneficiary become due and payable.
<br /> FIFTH: Upon default by Trustor in the payment of or performance of the terms and conditions of the Note,or any renewals,modifications
<br /> or executions thereof,the payment of any other indebtedness secured hereby or in the performance of any agreement,covenant or warranty
<br /> herein contained or set forth in any agreement or instrument executed by Trustor in connection with the indebtedness hereby secured,
<br /> Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon become due and payable
<br /> without presentment demand,protest or notice of any kind. Thereafter,Beneficiary may deliver to Trustee a written declaration of default
<br /> and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the Property is to be sold, it shall
<br /> deposit with Trustee this Deed of trust and the Note or notes and any other documents evidencing expenditures secured hereby,and shall
<br /> deliver to Trustee a written notice of default and elecrion to cause the Property to be sold,and Trustee,in turn,shall prepare a similar notice
<br /> in the form required by law,which shall be duly filed for recard by Trustee.
<br /> (a) After the lapse of such time as may be required by law following the recordation of Notice of Default,and Notice of Default and
<br /> Notice of Sale having been given as required by law,Trustee,without demand on Trustor,shall sell the Property hereinbefore described,
<br /> and any and every part thereof,in separate parcels or en masse as the Trustee may elect and in such order as riustee may determine on the
<br /> date and at the time and place designated in said Notice of Sale,at public auction to the highest bidder,the purchase price payable in cash
<br /> in lawful money of the United States at the time of sale. 1"he person conducting the sale may,for any cause he or she deems expedient,
<br /> postpone the sale from time to time until it shall be completed and, in every such case,notice of postponement shall be given by public
<br /> declaration thereof by such person at the time and place last appointed for the sale;provided,if the sale is postponed for longer than one
<br /> (1)day beyond the day designated in the Notice of Sale,notice thereof shall be given in the same manner as the original Notice of Sale.
<br /> Trustee shall execute and deliver to the purchaser its Deed conveying the property so sold,but without any covenant or warranty,express
<br /> ar implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereo£ Any person,including
<br /> without limitation,Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real estate forming a part of the
<br /> Property or at the court house in the county in which the Property to be sold, or some part thereof,is situated.
<br /> (b) When Trustee sells pursuant to the powers herein,Trustee shall apply the proceeds of the sale to payment of the costs and expenses
<br /> of exercising the power of sale and of the sale,including,without limitation,the payment of Trustee's fees incurred,which Trustee's fees
<br /> shall not in the aggregate exceed the sum of Five Hundred Dollars($500.00)plus '/z of 1%of the amount secured hereby and remaining
<br /> unpaid and then to the items set forth in subparagraph(c)of this paragraph FIFTH in the order therein stated.
<br /> (c) After paying the items specified in subparagraph(b)of this paragraph FIFTH,if the sale is by Trustee,or the proper court and other
<br /> costs of foreclosure and sale if sale is pursuant to judicial foreclosure,the proceeds of sale shall be applied in the order stated below to
<br /> the payment of:
<br /> (1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
<br /> (2) All sums then secured hereby;
<br /> (3) The remainder,if any,to the person or persons legally entitled thereto.
<br /> Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale provided
<br /> for hereinabove be mailed to each such party at the parties post office address set forth herein. Upon the occurrence of any default
<br /> hereunder,Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages
<br /> on real property.
<br /> SIXTH: Trustor specifically agrees that(a)Trustor,at its expense,will execute and deliver to Beneficiary,promptly upon request,such
<br /> security instruments as may be required by Beneficiary,in a form and substance satisfactory to Beneficiary,covering any of the Property
<br /> conveyed by this Deed of Trust which security instruments shall be additional security for Trustor's faithful performance of all of the terms,
<br /> covenants and conditions of this Deed of Trust,the Note and indebtedness secured hereby,and any other security instruments executed
<br /> in connection with the indebtedness secured by this Deed of Trust;and all such instruments shall be filed and recorded at trustor's expense;
<br /> (b) Beneficiary may,from time to time,by written instrument executed and acknowledged by Beneficiary,mailed to Trustor and recorded
<br /> in the county or counties in which the Property is located and by otherwise complying with the provisions of the applicable laws of the
<br /> State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder; (c) although the Trustee, or
<br /> Trustee's successor ar successars,may be an agent of,or attorney for,or otherwise connected with the Beneficiary,such fact shall not be
<br /> construed to disqualify Trustee to act as such Trustee,nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale and
<br /> buying any part or all of the Property at any sale hereunder; (d)that if it should be necessary or appropriate for the protection of the
<br /> security hereby conveyed or enforcement of the debt hereby secured, for the trustee or the Beneficiary to institute or become a party to
<br /> any proceeding or suit in a court of bankruptcy or probate or other court of general or limited jurisdiction,all expenses and costs properly
<br /> incurred by said Trustee or said Beneficiary(including reasonable attorney's fees)paid or incurred by such Trustee or Beneficiary in
<br /> maintaining,prosecuting or defending such proceeding or protecting their respective rights hereunder shall be an additional debt secured
<br /> by this Deed of Trust in like manner with the principal debt herein described; (e)Beneficiary,or its agents,representatives or workmen,
<br /> are authorized to enter at any reasonable time upon or in any part of the Property for the putpose of inspecting the same and for the purpose
<br /> of performing any of the acts it is authorized to perform under the terms of this Deed of Trust; (fl any forbearance by Beneficiary or
<br /> Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shali not be a waiver of or preclude the
<br /> exercise of any such right or remedy hereunder;similarly,the waiver by Beneficiary or Trustee of any default of Trustor under this Deed
<br /> of Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g)extension of the time for payment or
<br /> modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall
<br /> not operate to release, in any manner the liability of the original Trustor and Trustor's successor in interest. Beneficiary shall not be
<br /> required to commence proceedings against such successor or refuse to extend the rime for payment ar otherwise modify amortization of
<br /> the sums and indebtedness secured by this Deed of Trust by reason of any demand made by the original hustor and trustor's successors
<br /> in interest; (h)without affecting the liability of the trustor or any other person liable for the payment of the obligations and indebtedness
<br /> secured by this Deed of Trust,and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br /> theretofore released as security for the full amount of all unpaid obligations,Beneficiary may, from time to time and without norice(i)
<br /> Paee 3 of 4
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