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4� <br />200409914 <br />indebtedness shall become due; and upon failure of the Trustor to keep any of said agreements, the said <br />Beneficiary may pay such tax, pay for such insurance, or pay off any and all such liens, or indebtedness as the <br />case may be, and money expended with interest as provided by the terms of aforementioned Promissory Note, <br />shall be secured by this Trust Deed, and the Trustor agrees to pay the same upon demand, and upon failure to do <br />so, the balance of said Promissory note shall become immediately due and payable at the option of the <br />Beneficiary; (4) specifically confer upon the Trustee the Power of Sale as provided in Nebraska law; (5) retain <br />possession of the premises and collect the rents and revenues there from; (6) maintain the Property in a condition <br />of maintenance and repair such that the interest of Trustee and Beneficiary are not reduced in value through waste. <br />Failure to comply with any of the foregoing provisions shall constitute and event of default under the terms of this <br />Trust Deed. <br />ABANDONMENT OF THE PROPERTY BY TRUSTOR In the event that Trustor abandons the <br />property, or if circumstances reasonably indicate that Trustor has abandoned the Property whether or not in <br />Default, to enter upon premises for the purpose of securing the same and for carrying out any other measures <br />necessary to protect and preserve the interests of the Beneficiary in and to the Property. Trustor specifically <br />agrees to hold Trustee and Beneficiary and their employees, servants and agents harmless for any damages <br />unavoidably inflicted upon the Property in connection with the exercise or rights arising under this Paragraph, and <br />herby waives any cause of action arising therefrom. <br />Upon payment of all sums secured by this Trust Deed, the Beneficiary shall request the Trustee, in <br />writing to reconvey the property and shall surrender the Trust Deed and all notes evidencing indebtedness secured <br />by this Trust Deed to the Trustee. Trustee shall reconvey the property without warranty to the person or persons <br />legally entitled thereto; but if default be made in the payment of said Note or any pare thereof or any of the <br />interest thereon when due or in the faithful performance of any or either of said agreements as aforesaid, then the <br />whole of said Note shall become due and be paid as hereinafter provided, and this deed shall remain in force. The <br />Trustee or his attorney may then proceed to sell the property in its entirety or in parcels at the option of the <br />Trustee, hereinbefore described at public auction, to the highest bidder for cash. <br />The Power of Sale conferred upon the Trustee shall not be exercised until the Trustee shall first file for <br />record, in the Office of the Register of Deeds of each county wherein the trust property or some part or parcel <br />thereof is situated, a Notice of Default, identifying the Trust Deed by stating the names of Trustor named therein <br />and giving the Book and Page where the same is recorded, a description of the trust property, and containing a <br />statement that a breach of an obligation for which the trust property was conveyed as security has occurred, and <br />setting forth the nature of such breach and his election to sell or cause to be sold such property to satisfy the <br />obligation; and after the lapse of not less than one month, the Trustee shall give notice of sale as provided by <br />Nebraska Law. <br />After Notice of Default, and lapse of not less than one month, the Trustee shall give written notice of the <br />time and lace of sale particularly describing the Property to be sold by publication of such notice, at least five <br />times, once a week for five consecutive weeks, the last publication to be at least 10 days but not more than 30 <br />days prior to the sale, in some newspaper having general circulation in each county in which the property to be <br />sold, or some part thereof, is situated. <br />Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to the <br />purchaser or purchasers thereof and any statement or recital of fact in such deed in relation to the exercise of the <br />Power of Sale and sale of the property described herein, including recitals concerning any mailing, personal <br />delivery and publication and posting of notice of such sale, and the conduct of sale, shall constitute prima facia <br />evidence of such compliance and conclusive evidence thereof in favor on bona fide purchasers and encumbrancer <br />for value and without notice. The Trustee's deed shall operate to convey to the Purchaser, without right of <br />redemption, the Trustee's title and all right, title and claim of the Trustee's sale, FIRST, to the cost and expense of <br />exercising the Power of Sale, and of the sale, including the payment of the Trustee's fees actually incurred, which <br />fees shall include a reasonable attorneys fee, not to exceed $2,000.00; SECOND, to the payment of the <br />obligations secured by the Trust Deed; THIRD, to the payment of junior trust deeds, mortgages or other <br />lienholders, and the balance, if any to the person or persons legally entitled thereto. <br />