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Page 2 of 3 <br />200312243 <br />of any lien, claim or indebtedness that may be senior to and take precedence over this trust Deed as soon as such pay <br />mention or of such lien, claim or indebtedness shall become due; and upon failure of the Trustor to keep any of said <br />agreements, the said Beneficiary may pay such tax, pay for such insurance, or pay off any and all such liens, or indebtedness <br />as the case may be, and money expended with interest as provided by the terms of aforementioned Promissory Note, shall be <br />secured by this Trust Deed, and the Trustor agrees to pay the same upon demand, and upon failure to do so, the balance of <br />said Promissory note shall become immediately due and payable at the option of the Beneficiary; (4) specifically confer <br />upon the Trustee the Power of Sale as provided in Nebraska law; (5) retain possession of the premises and collect the rents <br />and revenues there from; (6) maintain the Property in a condition of maintenance and repair such that the interest of Trustee <br />and Beneficiary are not reduced in value through waste. Failure to comply with any of the foregoing provisions shall <br />constitute and event of default under the terms of this Trust Deed. <br />ABANDONMENT OF THE PROPERTY BY TRUSTOR. In the event that Trustor abandons the property, or if <br />circumstances reasonably indicate that Trustor has abandoned the Property whether or not in Default, to enter upon premises <br />for the purpose of securing the same and for carrying out any other measures necessary to protect and preserve the interests <br />of the Beneficiary in and to the Property. Trustor specifically agrees to hold Trustee and Beneficiary and their employees, <br />servants and agents harmless for any damages unavoidably inflicted upon the Property in connection with the exercise or <br />rights arising under this Paragraph, and 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 writing to <br />reconvey the property and shall surrender the Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to <br />the Trustee. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto; but if <br />default be made in the payment of said Note or any pare thereof or any of the interest thereon when due or in the faithful <br />performance of any or either of said agreements as aforesaid, then the whole of said Note shall become due and be paid as <br />hereinafter provided, and this deed shall remain in force. The Trustee or his attorney may then proceed to sell the property in <br />its entirety or in parcels at the option of the 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 record, in the <br />Office of the Register of Deeds of each county wherein the trust property or some part or parcel thereof is situated, a Notice <br />of Default, identifying the Trust Deed by stating the names of Trustor named therein and giving the Book and Page where the <br />same is recorded, a description of the trust property, and containing a statement that a breach of an obligation for which the <br />trust property was conveyed as security has occurred, and setting forth the nature of such breach and his election to sell or <br />cause to be sold such property to satisfy the obligation; and after the lapse of not less than one month, the Trustee shall give <br />notice of sale as provided by Nebraska Law. <br />After Notice of Default, and lapse of not less than one month, the Trustee shall give written notice of the time and <br />lace of sale particularly describing the Property to be sold by publication of such notice, at least five times, once a week for <br />five consecutive weeks, the last publication to be at least 10 days but not more than 30 days prior to the sale, in some <br />newspaper having general circulation in each county in which the property to be 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 purchaser or <br />purchasers thereof and any statement or recital of fact in such deed in relation to the exercise of the Power of Sale and sale of <br />the property described herein, including recitals concerning any mailing, personal delivery and publication and posting of <br />notice of such sale, and the conduct of sale, shall constitute prima facia evidence of such compliance and conclusive evidence <br />thereof in favor on bona fide purchasers and encumbrancer for value and without notice. The Trustee's deed shall operate to <br />convey to the Purchaser, without right of redemption, the Trustee's title and all right, title and claim of the Trustee's sale, <br />FIRST, to the cost and expense of exercising the Power of Sale, and of the sale, including the payment of the Trustee's fees <br />actually incurred, which fees shall include a reasonable attorneys fee, not to exceed $1,000.00; SECOND, to the payment of <br />the obligations secured by the Trust Deed; THIRD, to the payment of junior trust deeds, mortgages or other lienholders, and <br />the balance, if any to the person or persons legally entitled thereto. <br />And the Trustee covenants faithfully to perform the trust herein created. Trusted shall have no obligations under this <br />Trust Deed other than those expressly provided for herein. <br />BENEFICIARY may from time to time substitute a successor or successors to any Trustee named herein or acting <br />hereunder to execute the Power of Sale under this Trust Deed. Upon such appointment and without conveyance to the <br />successor, the latter shall be vested with all title, powers, and duties conferred upon any trustee herein named or acting <br />hereunder. Each such substitution and appointment shall be made in accordance with the laws of the State of Nebraska <br />applicable thereto. <br />The waiver by the Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not be deemed to be a <br />waiver of any other or similar defaults subsequently occurring. <br />9/12/2003 <br />