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200205045
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and
<br />Notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor,
<br />shall sell the Property in one or more parcels and in such order as Trustee may determine on the date and the
<br />time and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase price
<br />payable in lawful money of the United States at the time of sale. The person conducting the sale may, for any
<br />cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every
<br />such case, notice of postponement shall be given by public declaration thereof by such person at the time and
<br />place last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the day
<br />designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale.
<br />Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any
<br />covenant or warranty, express, or implied. The recitals in the Deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including without limitation Beneficiary or Trustee, may purchase
<br />at the sale.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the
<br />costs and expenses of exercising the power of sale and of the sale, including, without limitation, the payment of
<br />Trustee's Fees incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based
<br />upon the amount secured hereby and remaining unpaid: 5 percent on the balance thereof, and then to the items
<br />in subparagraph (c) in the order 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
<br />of foreclosure and sale if the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the
<br />order stated 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
<br />paid;
<br />(3) All obligations secured by this Trust Deed;
<br />(4) Junior trust deeds, mortgages or other lienholders;
<br />(5) The remainder, if 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 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 for Trustor's faithful
<br />performance of all of the terns, covenants and conditions of this Deed of Trust, the promissory notes secured hereby, and any other
<br />security instruments executed in connection with this transaction. Such instruments shall be recorded or filed at Trustees expense.
<br />8. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and
<br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by
<br />otherwise 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 enter at any reasonable
<br />time upon 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
<br />authorized 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 default hereunder,
<br />Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on
<br />real property.
<br />11. Forbearance by Beneficiary or Trustee Not a Waiver. Any forbearance by Beneficiary or Trustee in exercising
<br />any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
<br />right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall
<br />not be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br />12. Tmstor Not Released. Extension of the time for payment, modification or amortization of the sums secured by this
<br />Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of
<br />the original Trustor and Trustors successor in interest. Beneficiary shall not be required to commence proceedings against such
<br />successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason
<br />of 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 of any 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 this
<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 alter any
<br />of the terms of any such obligations, (iii) 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 Trustors shall be
<br />jointly and severally obligated and bound by the actions of the Beneficiary or any h ustor 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, any
<br />statement contained in any other section) f 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 of judgment, power of attorney to confess judgment, power of attorney 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 repayable in
<br />two or more equal or unequal installments and over a period of more than one hundred forty -five (145ciamonths. Provided, however,
<br />that this section does not apply to the tri stoe fee referred to in Paragraph B.6(b). Provided fiirdrer that this Paragraph B.14 shall not
<br />apply to this Deed of Trust, if the Beneficiary herein is not a bank.
<br />15. Reccinvggge I Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid,
<br />and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor or
<br />Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />Property then held hereunder. The recitals in such reconvcyance of any facts shall be conclusive proof of the truthfulness thereof.
<br />The grantee in any reconveyance may be described as "the person or persons legally entitled thereto."
<br />16. Notices. Each party hereto requests that a copy of any notice of default and notice of sale given hereunder be mailed
<br />to the parties at their addresses as set forth herein. Except for any notices, demands, requests or other communications required under
<br />applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including,
<br />without limitation, notice of default and notice of sale), demands, requests or other communication with respect to this Deed of Trust,
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