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200405468
<br />applied upon any indcl,tedness hereby secured in such order as the Beneficiary shall determine. Such application by the
<br />Beneficiary shall not muse discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any
<br />default or notice of do - -.ult or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of
<br />the Trustor in insuranc.• policies then in force shall pass to the purchaser at the foreclosure sale.
<br />4. To obtain the wl uten consent of Beneficiary before selling, conveying or otherwise transferring the property or
<br />any part thereof and .1 V such sale, conveyance or transfer without the 13cne(iciary's written consent shall constitute a
<br />default under the tcrrris :tereof.
<br />5. To defend any art ion or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee.
<br />6. Should Trustor fail to pay whcu due any taxes, assessments, insurance premiums, liens, encumbrances or other
<br />charges against the property llercinabove described, Beneficiary may pay the same, and the amount so paid, with
<br />interest at the rate set ! u-th in the note secured hereby, shall be added to and become a part of the debt secured in this
<br />Deed of Trust as perm , ed by law.
<br />IT IS MUTUALLY A' ;'ZEFl) THAT:
<br />1. In the event any onion of the property is taken or damaged in an eminent domain proceeding, the entire amount
<br />of the award or such ; tion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to
<br />Beneficiary to be appl. 4 to s;Iid of ligation.
<br />2. By accepting 1);1_ lent of any sum secured hereby after its due date. Beneficiary does not waive its right to require
<br />prompt payment whcu of -all other sums so secured or to declare detault for failure to so pay.
<br />3. The Trustee spa': reconvey all or any part of the property covered by this Deed of Trust to the person entitled
<br />thereto, on written req' 'St of-the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written
<br />request for reconvcyai made by the Beneficiary or the person entitled thereto.
<br />4. As additional s _ rarity, Trustor hereby gives to and confers upon Beneficiary the right, power and authority,
<br />during the continuarc f th, se Trusts to collect the rents, issues and prof its of said property, reserving unto Trustor the
<br />right, prior to any d. Alit by Trustor in payment of any indebtedness secured hereby or in performance of any
<br />agreement hereunder. , collect and retain such rents, issues and profits as they become due and payable. Upon any
<br />such default, Bencl it m;tv at any time without notice, either in person, by agent, or by a receiver to be appointed by
<br />a court, and without i it-(] to the adequacy of any security for the indebtedness hereby secured, enter upon and take
<br />possession of said pi rty k,r any part thereof, in his own name sue 1or or otherwise collect such rents, issues and
<br />profits, including Ili•.): )ast duc and unpaid, and apply the same upon �tny indebtedness secured hereby, and in such
<br />order as BeneficiaI\ I v determine. The entering upon and taking possession of said property, the collection of such
<br />rents, issues and prof- end titc application thereof as aforesaid, shall not cure or waive any default or notice of default
<br />hereunder or invaIic1:11 ny act done pursuant to such notice.
<br />5. Upon default L- Tnts!_n- in the payment of any indebtedness seCUred hereby or in the performance of any
<br />agreement eontainc d rein, all sums secured hereby shall immediate!- become due and payable at the option of the
<br />Beneficiary. In suc`.t � ut ai,d upon written request of Beneficiary, Trustcc shall sell the trust property, in accordance
<br />with the Nebraska Ti t Deeds Act, at public auction to the highest !,,iddcr. Any person except Trustee may bid at
<br />Trustee's sale. Trusty ,hall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a
<br />reasonable Trustee's I (2) to the obligation secured by this Deed of l "rust; (3) the surplus, if any, shall be distributed
<br />to the persons entit', -d A-cto.
<br />6. Trustee shall do er to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser
<br />the interest in the pro ty \duch Trustor had or had the power to convcv at the time of his execution of this Deed of
<br />Trust, and such ash lay Dave acquired thereafter. Trustee's deed �,h dl recite the facts showing that the sale was
<br />conducted in coral i:t with Al the requirements of law and of this Decd of Trust, which recital shall be prima facie
<br />evidence of such ct�n ancc and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for
<br />value.
<br />NE0979NOWLIN&1203 (also ,, .,- d . Page 2 of 3
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