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g9 if0937 <br /> of any other indebtedness secured hereby or in the performance of any of the covenants or agreements hereunder shall be a <br /> breach of this agreement and the Beneficiary may declare a default and may declare all sums secured hereby immediately due <br /> and payable and the same shall thereupon become due and payable without presentment, demand,protest or notice of any kind. <br /> Thereafter, Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby <br /> grants that the 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, <br /> and shall deliver to Trustee a written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall <br /> prepare a similar notice in the form required by law, 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 Default, and Notice of <br /> Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the <br /> Property in one or more parcels and in such order as Trustor may determine on the date and the time and place <br /> designated in said Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful <br /> money of the United States at the time of sale. The person conducting the sale may, for any cause he or she deems <br /> expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of <br /> postponement shall be given by public declaration thereof by such person at the time and place last appointed for the <br /> sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, <br /> notice thereof shall be given in the same manner as the original Notice of Sale. Trustee shall execute and deliver to <br /> the purchaser its Deed conveying the Property so sold,but without any covenant or warranty, express, or implied. The <br /> recitals in the Deed of any manners or facts shall be conclusive proof of the truthfulness thereof. Any person,including <br /> without limitation Bene6ciary 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 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 <br /> order 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 if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order <br /> stated below to the payment of: <br /> (1) Attorney's 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 entitled thereto. <br /> 7. ADDITIONAL SECURITY INSTRUMENTS. Trustor, at its expense,will execute and deliver to the Beneficiary, <br /> promptly upon demand, such security instruments as may be required by Beneficiary, in form and substance satisfactory to <br /> Beneficiary, covering any of the Property conveyed by this Deed of Trust,which security instruments shall be additional security <br /> for Trustor's faithful performance of all the terms,covenants and conditions of this Deed of Trust,the promissory notes secured <br /> hereby, and any other security instruments executed in connection with this transaction. Such instruments shall be recorded or <br /> filed at Trustor's expense. <br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument <br /> executed and acknowledged by Bene6ciary, mailed to Trustor and recorded in the county or counties in which the Property is <br /> located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska substitute a successor <br /> or successors to the Trustee named herein or acting hereunder. <br /> 9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable <br /> time upon or in any part of the Property for the purpose of inspecting the same and for the purpose of performing any of the <br /> acts it is authorized 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, <br /> 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 /> 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Bene�ciary <br /> or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br /> preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of <br /> Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar subsequently occurring. <br /> FDNE200284 <br /> NE DEED OF TRUST Page 4 of 6 FD516NE4 03/98 <br /> 662516 (Rev.08-16-96) <br />