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�' � �� � � � '��' 99 111618 <br /> ,- <br /> 5. TRANSFER OF THE PROPERTY;ASSUMPTION. If all or any part of the property or interest therein is sold,trnnsferred or <br /> atherwise conveyed by Trustor without 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 e purchase money secur'ity interest for household nppliances, (c)e transfer by <br /> devise,descent or by operation of lew 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,et Beneficiary's option,declare <br /> all the sums secured by this Deed of Trust to be immediately due nnd payable, or cause the trustee to file e notice of defauft. <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 trensferred rench 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 shell be at such rate as Benei'iciary shall request. <br /> 6. ACCELERATION UPON DEFAULT;REMEDIES;SALE.The failure by the Trustor to make any payment or to perform eny of <br /> the terms snd conditions of the Note,or any renewals,modificetions 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 n breech of this agreement and the <br /> Beneficiary mey declnre n defauR and may declare ell sums secured hereby immediately due and peyable nnd the same shall <br /> thereupon become due end peynble without presantment,demand,protest or notice of any kind.Thereafter,Beneficiary may deliver <br /> to Trustee a written decleration of defauk and demand for sale. 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 sold it shall deposit with Trustee this Deed of Trust nnd <br /> the Note or notes and any other documents evidencing expenditures secured hereby,and shall deliver to Trustee e 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 filed for record by Trustee. <br /> (e) After the lapse of such time as may be required by law following the recordation of Notice of Default,and Notice of Defeuk <br /> and Notice of Sale having been given as required by law,Trustee,without demand on Trustor,shell sell the Property in one <br /> or more parcels and in such order es Trustor may determine on the date and the time and p!ace designeted in said Notice <br /> of Sale, et public auction to the highest bidder,the purchase price payable in cash in lawful money of the UnRed 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 ft shall be completed and,in every such case,notice of postponement shell be given by public declaration <br /> thereof by such person at the time and place last nppointed 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 /> originel Notice of Sele. Trustee shell execute and deliver to the purchaser ds Deed conveying the Property so sold, but <br /> without eny covenant or warranty,express,or implied.The recitals in the Deed of any manners or facts shell be conclusive <br /> proof of the truthfulness thereof.Any person,including wfthout limitation Beneficiary or Trustee,may purohase at the sale. <br /> (b) When Trustee sells pursuant to the powers herein,Trustee shall apply the proceeds of tha sale to paymant of the costs <br /> end expenses of exercising the power of sale and of the sale,including,without limitation,the peyment ot Trustee's Feea <br /> incurred,which Trustes's Fees shall not in the aggregate exceed the following amounts besed upon the amount secured <br /> hereby and remaining unpaid:5 percentum on the balance thereof;and then to the items in aubparagraph(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 end other costs of <br /> forecbsure and sale ff 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 evidencQ of title procuted in connection with such sale and of any revenue required to be paid; <br /> (3)All obligations�ecured by this Trust deed; <br /> (4)The remainder,'rf 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 /> demnnd, such security instruments es 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 additional security Tor Trustor's faithful <br /> performance of all the terms, covenants and conditions of this Deed of Trust,the promissory notes secured hereby,and nny other <br /> security instruments executed in connection with this transaction.Such instruments shall be recorded or filed at Trustor's expense. <br /> 8. APPOINTMENT OF 8UCCES80R TRUSTEE. Benaficiary may, from time to time, by a written instrumsnt axecuted and <br /> acknowledged by Beneficiery, mailed to Trustor a�d recorded in tha county or counties in which tha Property is located and by <br /> othervvise 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 agents, representatives or workmen, are authorized to snter et any reasonable tims upon <br /> or in any part of the Property for the purpose of inspecting the same and for the purpose of performing nny of the acts it is euthorized <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 decleration of default haraundar, Beneficiary : <br /> shall have the option to forecbse 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 forebearance by Beneficiary or Trustee in <br /> exercising any right or remedy hereunder,or otherwise afforded by applicable law,shall not be a waiver of or precluda the exercise <br /> oi any such right or remedy hereunder. Likewise,the waiver by Beneficiary or Trustee of any defauR of Trustor under this Deed of <br /> Truet shell not be deemed to be a waiver of any other or similar defaults subsequently occurring. <br /> 12. TRUSTOR NOT RELEASED. Extension of the time for payment or modification or amortization of the sums secured by this <br /> Deed of Trust granted by Beneficiary to any successor in interest of Trustor shalf not operbte to release,in any manner,the liability of <br /> the original Trustor and Trustor's successor in interest. Beneficiery shall notbe required to commence proceadings ageinst such <br /> successor or refuse to extend time for payment or otherwise modiTy amortization of the sums secured by this 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. Wfthout affecting or releasing the liability of the Trustor or any other person liable for the <br /> payment of nny obligation herain mentioned, and without affecting the lien or charge ot 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, (ii)extend or renew the maturity or elter any <br /> of the terms oT 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 Trustora shall be <br /> jointly end severally obligated and bound by the actions of the Beneficiary 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 Inw, <br /> any statement contained in eny other section of this deed notwithstanding,the Beneficiary shall not be entitled to rocoive 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 attomey to <br /> appear for a borrower in a judicial 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 repeyable in <br /> hnro 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 shnll not <br /> apply to this Deed of Trust,'rf the Beneficiary herein is not a bank. <br /> ORIGINAL(1)� i <br /> D07671REV.11-0BNabruka RARRf1WFACAPVHI m�a�rn. . J_ <br />