|
20050'7486
<br />Any person, including without limitation, us, Trustee or Beneficiary, may purchase at such sale. Trustee may in
<br />the manner provided by law postpone sale of all or any portion of the Premises. The Trustee shall apply the
<br />proceeds of the Trustee's sale, first, to the costs and expenses of exercising the power of sale and of the sale,
<br />including the payment of the Trustee's fees actually incurred not to exceed the amount which may be provided
<br />for in the Deed of Trust, second, to the payment of the obligation secured by the Deed of Trust, third, to the
<br />payment of junior deeds of trust, mortgages or other lienholders, and the balance, if any, to the person or persons
<br />legally entitled thereto.
<br />ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the
<br />rents of the Premises. You or a receiver appointed by the courts shall be entitled to enter upon, take possession of
<br />and manage the Premises and collect the rents of the Premises including those past due.
<br />WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings
<br />to enforce this Deed of Trust and hereby waive the benefit of any present or future laws providing for stay of
<br />execution, extension of time, exemption from attachment, levy and sale and homestead exemption.
<br />BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Deed
<br />of Trust. Until the Note has been paid in full and your obligation to make further advances under the Note has
<br />been terminated, the provisions of this Deed of Trust will be binding on us, our legal representatives, our heirs
<br />and all future owners of the Premises. This Deed of Trust is for your benefit and for the benefit of anyone to
<br />whom you may assign it. Upon payment in full of all amounts owing to you under the Note and this Deed of
<br />Trust, and provided any obligation to make further advances under the Note has terminated, this Deed of Trust
<br />and your rights in the Premises shall end.
<br />NOTICE: Except for any notice required under applicable law to be given in another manner, (a) any notice to us
<br />provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by regular first class
<br />mail addressed to us at the last address appearing in your records or at such other address as we may designate by
<br />notice to you as provided herein, and (b) any notice to you shall be given by certified mail, return receipt
<br />requested, to your address at
<br />205 SUNNY DRIVE, DONIPHAN, NE 68832
<br />or to such other address as you may designate by notice to us. Any notice provided for in this Deed of Trust shall
<br />be deemed to have been given to us or you when given in the manner designated herein.
<br />REQUEST FOR NOTICE: We, for ourselves and for Beneficiary, hereby request a copy of any notice of default
<br />and a copy of any notice of sale hereunder be mailed to us and Beneficiary at the applicable addresses provided
<br />above.
<br />RELEASE: Upon payment of all sums secured by this Deed of Trust and provided your obligation to make
<br />further advances under the Note has terminated, you shall discharge this Deed of Trust without charge to us,
<br />except that we shall pay any fees for recording of a satisfaction of this Deed of Trust. Upon written request of
<br />Beneficiary stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and any
<br />note to Trustee for cancellation and retention and upon payment by Beneficiary of Trustee's fees, Trustee shall
<br />reconvey to Beneficiary, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />Premises then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof
<br />of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally
<br />entitled thereto."
<br />TRUSTEE: Trustee accepts the trusts herein created when this Deed of Trust, duly executed and acknowledged,
<br />is made a public record as provided by law. Trustee shall not be liable for any error of judgment or act done by
<br />Trustee, or be otherwise responsible or accountable under any circumstances whatsoever. Trustee shall not be
<br />personally liable in case of entry by it or anyone acting by virtue of the powers herein granted it upon the Deed
<br />of Trust for debts contracted or liability or damages incurred in the management or operation of the Premises.
<br />Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action
<br />taken or proposed to be taken by it hereunder or believed by it in good faith to be genuine. Trustee shall be
<br />entitled to reimbursement for expenses incurred by it in the performance of its duties hereunder and to reasonable
<br />compensation for such of its services hereunder as shall be rendered. We will, from time to time, pay
<br />compensation due Trustee hereunder and reimburse Trustee for and save and hold it harmless from and against
<br />any and all loss, cost, liability, damage and expense whatsoever incurred by it in the performance of its duties.
<br />All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the
<br />purposes for which they were received, but need not be segregated in any manner from any other moneys (except
<br />to the extent required by law) and Trustee shall be under no liability for interest on any moneys received by it
<br />hereunder.
<br />GENERAL: You or the Trustee can waive or delay enforcing any of your rights under this Deed of Trust
<br />without losing them. Any waiver by you of any provisions of this Deed of Trust will not be a waiver of that or
<br />any other provision on any other occasion.
<br />.S
<br />FE-4331 (NE) (osoi) Page 4 of 5 initials: (\ N J
<br />
|