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<br /> � 99 111779
<br /> 5. TRANSFER OF THE PROPERTY;ASSUMPTION. If all or any part of the property or interest therein is sold, trensferred or
<br /> otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the c�eation of n lian or encumbrence
<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 a joint tenant or(d)the grant of any leasehold interest of three years or less
<br /> not containing en option to purchase,such action is n breach of this agreement,and Beneficiary may,at Beneficiery's option,declare
<br /> all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee to file e notice of defauft.
<br /> Beneficiary shall have waived auch option to eccelerate 'rf, prior to the sale,trnnsfer of conveyance, Beneficiary and the person to
<br /> whom the property is to be sold or transferred reach agreement in wrfting 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 shall be at such rate es Beneficiary shell request.
<br /> 6. ACCELERATION UPON DEFAULT;REMEDIES;SALE.The failure by the Trustor to make any payment or to perform any of
<br /> the terms and condRions of the Note,or any renewals,modifications or extensions thereof,or the payment of any other indebtedness
<br /> secured hereby or in the performance of any of the covenants or ngreements hereunder shnll be a breach of this egreement and the '
<br /> Beneficiary may declere e defauR and may declare all sums secured hereby immediately due and payable end the same shall
<br /> thereupon become due and pnyable without presentment,demand,protest or notice of any kind.Thereafter, Beneficiary mny deliver
<br /> to Trustee a written declaration of defauk and demand for sale. Trustor agrees and hereby grants that the Trustee shall have the
<br /> power of sele of the Property and if Beneficiary decides the Property is to be sold R shell deposit with Trustee this Deed of Trust and
<br /> the Note or notes end any other documents evidencing expendftures secured hereby,and shall deliver to Trustee a written notice of
<br /> defauR and election to cause the Property to be sold,and Trustee, in turn,shall prepare n similar notice in the form required by lew,
<br /> which shall be duly filed tor record by Trustee.
<br /> (a) After the lapse of such time as may be required by law following the recordation of Notice of DefauR,and Notice of Defauk
<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 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 Stetes 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 shall be completed and,in every such case,notice of postponement shall be given by public declaration
<br /> thereof by such person at the time and place last appointed for the sale;provided,if the sale is postponed for longer then
<br /> one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the seme manner es the
<br /> original Notice of 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 nny manners or facts shall be conclusive
<br /> proof of the truthfulness thereof.Any person,including without limitation Beneficiary or Trustee,may purchase at the sele.
<br /> (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sele to pnyment of the costs
<br /> and expensea of exercising the power of sale end of the sale, including,without limitation,the payment of Trustee'a Fees
<br /> incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts basad upon th•amount secured
<br /> hereby and remaining unpaid:5 percentum,on the balance thereot;and then to the items in subparagraph (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 and other costs of
<br /> foreclosure and sale if the sale is pursuent to judicial foreclosure,the proceeds of sale shall be applied in tho order stated
<br /> below to the payment of.
<br /> (1)Attorneys fees nnd costs of collection;
<br /> (2)Cost of any evidence of title procured in connection with such sale and of eny 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 fts expense,will execute and deliver to the Beneficiary,promptly upon
<br /> demnnd, such security instruments aa may be required by Beneficiary, in form nnd substance satisfactory to Beneficiary, covering
<br /> any of the Property conveyed by this Deed of Trust, which security instruments shall 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,nnd any other
<br /> secur'ity instruments executed in connection with this transaction.Such instruments shall be recorded or filed et Trustor's expense.
<br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneflciary may, from time to time, by e written instrument oxecuted and
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located end by
<br /> otherwise complying with the provisions of the applicable laws of the State of Nebrnska 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 enter at any reasoneble time upon
<br /> or in any part of the Property for the purpose of inspecting the same and 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 any breach and upon the declaration of defauk hereunder,Beneficiary
<br /> shell have the option to foreclose this Deed of Trust in the mnnner provided by law for the foreclosure of mortgeges on raal 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 weiver of or precludo the exercise
<br /> of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of
<br /> Trust shall not be deemed to be e 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 interost of Trustor shall not operate to release,in any manner,the liability of
<br /> the original Trustor and Trustor's successor in interest. Benefieiary shall not 6e:required to commence proceedings agninst such
<br /> successor or refuse to extend time for payment or othervvise modify amortization of th0 sums secured by this Deed of Trust by
<br /> reason of any demand made by the original Trustor and Trustor's sucEessors9n interest:
<br /> 13. BENEFICIARY'S POWERS. Wfthout affecting or releasing the liability of the Trustor or arty 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 mny,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 aRer any
<br /> of the terms of nny 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, (v) 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 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 law,
<br /> any statement contnined in any other section of this deed notwithstanding,the Beneficiary shall not be entitled to receive or take nnd
<br /> debtor shall not be obligated to pay or give;any confession of judgment, power of attorney to confess judgment,power of nttorney to
<br /> appear for a borrower in a judicial proceeding or agreement to pay the costs of collection or the attorneys'fees, unlees tha 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 instnllments and over a period of more than one hundred forty-five(145)months.Provided,howaver,
<br /> that this section does not apply to the trustee fee referred to in Paragraph B.6(b). Provided further that this Paragraph B.14 shall not
<br /> apply to this Deed of Trust,if the Beneficiary herein is not a bank.
<br /> ORIGINAL(1)
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