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<br /> 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 (a) the creation of e lien or encumbrnnce
<br /> �� subordinate to this Deed of Trust, (b)the creation oi a purchase money security interest for household appliences, (c)a transfer by
<br /> �= devise,descent or by operation of law upon the death of a joint tenent or(d)the grant of any leasehoid 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 Benefiiciary's option,declare
<br /> ""s all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee to flle n notice of defauk.
<br /> � Beneficiary shall have waived such option to eccelerate if, prior to the sale, transfer of conveyance, Beneficinry and the person to
<br /> �++ whom the property is to be sold or transierred reach agreement in wrking that the credR of such person is setisfedory to Beneficiary
<br /> !� and that the interest payable on the sums Becured by this Deed of Trust shall be at such rate as Beneficiary shall request.
<br /> '�"" 6. ACCELERATION UPON DEFAULT;REMEDIES;SALE.The Tailure by the Trustor to make any peyment or to perform any of
<br /> ��A the terms end condkions oi the Note,or any renewals,mod�cetions or extensions thereot,or the payment of any other indabtedness
<br /> secured hereby or in the parformance of any of the covensnts or agreements hereunder shetl be e breach oi this egreement and the
<br /> Banoficiery mey dsclars a dota�uk and may declero al{sums ascurad horsby imm�diataly du� and paynbl� and th� sam� shall
<br /> thereupon become due and peyable without presentment,demand,protest or notice of any kind.Thareefter,Beneficiary mey deliver
<br /> to Trustee e written decleration of deteuft end demand tor sale. Trustor agrees end hereby grants that the Trustee shall have the
<br /> power of sale of the Proparty end H Beneflciary decidas tha Property is to ba sold it shall deposit with Trustea this baed of T�ust nnd
<br /> the Note or notes end nny other documents evidencing expenditures secured hereby,and shall deliver to Trustee a written notice of
<br /> defauft nnd election to cause the Property to be sold, and Trustee, in turn,shall prepare e similar notice in the form required by law,
<br /> 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 Defauft,and Notice of DefauR
<br /> end 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!ace designeted in said Notice
<br /> of Sale, at public auction to the highest bidder,the purchase price payable in cash in lawful 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 shail be completed and,in every such case,notice of postponement shatl be given by public declaration
<br /> thereof by such person at the time and place last appointed for the sale;provided,H 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 sama manner as the
<br /> originai Notice oi Sale. Trustee shall execute and deliver to the purchaser its 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 fects shall be conclusive
<br /> proof of the truthiulness thereof.Any person,including without limitation Beneficiary or Trustee,may purchnse at the sale.
<br /> (b) When Trustee sells pursuant to the powers herein,Trustee shall appiy the proceeds of the sale to payment of the costs
<br /> and expenses of exercising the power of sale and of the sale, inc�uding,without limitation,the payment oi Truatee's Fees
<br /> incurred,which Trustee's Fees shall not in the aggregate exceed the following emounts based upon the nmount secured
<br /> hereby and remaining unpaid:5 percentum on the balance thereof,and then to the items in subparagrnph(c)in the order
<br /> there stated.
<br /> (c) Aiter paying the items specfied 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 shc►II 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 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 iorm and substance satisfactory to Beneficiary, covering
<br /> any of the Property conveyed by this Deed of Trust, which security instruments shal� be additional security for 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 SUCCESSOR TRUSTEE. Bene6ciary may, from time to time, by a written instrument executed end
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by
<br /> othervvise complying with the provisions of the applicable laws of the State of Nebraska substitute n 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 enter nt eny rensonable 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 ects 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 defauft hereunder,Beneficiery
<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 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 preclude the exercise
<br /> of nny such right or remedy hereunder, Likewise, the waiver by Beneficiary or Trustee of any defauft of Trustor under this Deed of
<br /> Trust shnll not be deemed to be n waiver ot any other or similar defaults subsequently occurring.
<br /> 12. TRUSTOFi NOT RELEASED. Extension of the timp for payment or modification or amo�tization of the sums Becured by this
<br /> Deed of Trust granted by Beneficiary to any successor in interest ot 7rusfor shaN not aperete to,release,in any manner,the liability of
<br /> the original Trustor and Trustor's successor in interest. Beneficiary shaU not be�rec�yjred to Commence proceedinge against such
<br /> successor or refuse to extend time for payment or othervvise modify'dmoitizaY� of the sums secured by this Deed of Trust by
<br /> reason o}any demand made by the original Trustor and Trustor's successors in interest.
<br /> 13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the
<br /> payment of eny 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 securiry for the full amount oi all unpaid obligations, Beneficiary may,lrom 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 niter nny
<br /> of the terms oi any such obligations, (iii)grant other indulgences, (iv)release or reconvey,or cause to be released or reconveyed at
<br /> any time at Beneflciary'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, (v) make compositions or other errangements with debtors in relation thereto. All Trustors shall be
<br /> jointly end severally obligated and bound by the actions of the Beneficiary or any trustor es herein stated.
<br /> 14. ATTORNEY FEES,COSTS AND EXPENSES. If the Beneficiary of this Deed of Trust is e 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 ot judgment, power of attorney to confess judgment,power of ettorney 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 o(the Note referred to in this deed is 16%per annum or less,or the note referred to in this deed is repnyable 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 6.6(b). Provided further that this Paragraph B.14 shall not
<br /> apply to this Deed of Trust,if the Beneticiary herein is not a bank.
<br />, ORIGINAL(1) �
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