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200510828 indebtedness shall become due; and upon failure of the Trustor to keep any of said agreements, the said Beneficiary may pay such tax, pay for such insurance. or pay off any and all such liens, or indebtedness as the case may be, and money expended with interest as provided by the tenns of aforementioned Promissory Note, shall be secured by this Trost Deed, and the Trustor agrees to pay the same upon demand, and upon failure to do so. the balance of said Promissory note shall become iuunediately due and payable at the option of the Beneficiaty; (4) specifically confer upon the Trustee the Power of Sale as provided in Nebraska law; (5) retain possession of the premises and collect the rents and revenues there from; (6) maintain the Property in a condition of maintenance and repair such that the interest of Trustee and Beneficiary are not reduced in value through waste. Failure to comply with any of the foregoing provisions shall constitute and event of default under the tenus of this Trust Deed. ABANDONMENT OF THE PROPERTY BY TRUSTOR In the event that Tmstor abandons the property, or if circumstances reasonably indicate that Trustor has abandoned the Property whether or not in Default, to enter upon premises for the purpose of securing the same and for carrying out any other measures necessary to protect and preserve the interests of the Beneficiary in and to the Property. Trustor specifically agrees to hold Trustee and Beneficiary and their employees. servants and agents bmmless for any damages unavoidably inflicted upon the Property in connection with the exercise or rights arising under this Paragraph, and hemy waives any cause of action arising therefrom. Upon payment of all sums secured by this Trust Deed, the Beneficiary shall request the Trustee. in writing to reconvey the property and shall smrender the Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustee. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto; but if 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 perfonnance of any or either of said agreements as aforesaid, then the whole of said Note shall become due and be paid as hereinafter provided, and this deed shall remain in force. The Trustee or his attorney may then proceed to sell the property in its entirety or in parcels at the option of the Trustee, hereinbefore described at public auction. to the highest bidder for cash. 'The Power of Sale conferred upon the Trustee shall not be exercised until the Trustee shall first file for record, in the Office of the Register of Deeds of each county wherein the trust property or some part or parcel thereof is situated, a Notice of Default, identifying the Trust Deed by stating the names of Trustor named therein and giving the Book and Page where the same is recorded, a description of the trust property, and containing a statement that a breach of an obligation for which the trust property was conveyed as security has occurred, and setting forth the nature of such breach and his election to sell or cause to be sold such property to satisfy the obligation; and after the lapse of not less than one month, the Trustee shall give notice of sale as provided by Nebraska Law. After Notice of Default, and lapse of not less than one month. the Trustee shall give written notice of the time and lace of sale particularly describing the Property to be sold by publication of such notice, at least five times, once a week for five consecutive weeks, the last publication to be at least 10 days but not more than 30 days prior to the sale, in some newspaper having general circulation in each county in which the property to be sold, or some part thereof. is situated. Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to the purchaser or 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 the property described herein, including recitals concerning any mailing, personal delivery and publication and posting of notice of such sale. and the conduct of sale, shall constitute prima facia evidence of such compliance and conclusive evidence thereof in favor on bona fide purchasers and encumbrancer for value and without notice. The Trustee's deed shall operate to convey to the Purchaser, without right of redemption, the Trustee's title and all right, title and claim of the Trustee's sale, FIRST, to the cost and expense of exercising the Power of Sale, and of the sale, including the payment of the Trustee's fees actually incurred, which fees shall include a reasonable attorneys fee, not to exceed S2,OOO.OO; SECOND, to the payment of the obligations secured by the Trust Deed; TIIlRD, to the payment of junior tmst deeds, mortgages or other lienholders, and the balance, if any to the person or persons legally entitled thereto.