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<br />200512497 <br /> <br />(1) To the cost and expense of exercising the power of sale and of the sale, including <br />attorney fees, evidence of title and other sale expenses, and a trustee's fee not to <br />exceed four percent (4%) of the gross sale price; <br /> <br />(2) To the payment of the obligation secured by this Deed of Trust and Trust Deed <br />Note; <br /> <br />(3) To the payment of junior Trust Deeds, mortgages, or other lienholders; <br /> <br />(4) The balance, if any, to the person or persons legally entitled thereto. <br /> <br />E. Upon the occurrence of any default hereunder, BENEFICIARY shall have, in addition to <br />such other options as may be granted herein, the further option to foreclose this Deed of <br />Trust in the manner provided by law for foreclosures of mortgages on real property. <br /> <br />F . BENEFICIARY may from time to time substitute a successor or successors to any <br />TRUSTEE named herein or acting hereunder. Upon such appointment, and without <br />conveyance to the successor TRUSTEE, the latter shall be vested with all title, powers, and <br />duties conferred upon any TRUSTEE herein named or acting hereunder. Each such <br />appointment and substitution shall be made by written instrument and executed by <br />BENEFICIARY, containing reference to this Deed of Trust and its place of record, which, <br />when recorded in the office of the Register of Deeds of the county or counties in which said <br />property is situated, shall be conclusive proof of proper appointment of the successor <br />TRUSTEE. The foregoing power of substitution and the procedure therefor shall not be <br />exclusive of the power and procedure provided for by law for the substitution of a <br />TRUSTEE in the place ofthe TRUSTEE named herein. <br /> <br />G. TRUSTOR covenants and agrees that upon any attempted conveyance, assignment, pledge <br />or transfer of any of their interest in the premises during the term ofthe loan secured hereby, <br />the BENEFICIARY shall have the option of declaring the unpaid balance immediately due <br />and payable, and if said sum remains unpaid for 15 days thereafter, BENEFICIARY can <br />cause Notice of Default to be given and the premises be sold as provided herein. <br /> <br />H. As additional and collateral security for the loan, and effective forthwith upon filing of a <br />Notice of Default, this instrument shall serve as an assignment by the TRUSTOR to the <br />TRUSTEE, of all rents and revenues resulting from the property, and TRUSTEE is <br />authorized to take possession of the property, rent or lease the same on terms he deems best <br />and to collect the rents and revenues and apply the same upon unpaid interest, principal, <br />taxes or insurance premiums or for maintenance and preservation of the premises. <br /> <br />I. The waiver by TRUSTEE or BENEFICIARY of any default of TRUSTOR under this Deed <br />of Trust, on one occasion, shall not be or be deemed to be a waiver of any other or similar <br />defaults subsequently occurring. <br /> <br />1. If title to any part of the property herein shall be taken in condemnation proceedings, by <br />right of eminent domain, or similar action, or shall be sold under threat of condemnation, all <br />awards, damages and proceeds are hereby assigned and shall be paid to the <br />BENEFICIARY, who shall apply such payment, or any part thereof, in its sole discretion, to <br />the sum due at that time on this Deed of Trust and Trust Deed Note, with any balance above <br />the amount due hereunder payable to the TRUSTOR. <br /> <br />K. The BENEFICIARY, its agents or representatives, are hereby authorized to enter, at any <br />reasonable time, upon any part of the trust property for the purposes of inspecting the samc <br />and for the purpose of performing any of the acts it is authorized to perform under the terms <br />of this Deed of Trust and other accompanying documents. <br /> <br />L. This Deed of Trust and all accompanying documents are subject to, constructed and <br />governed by the laws of the State of Nebraska for all purposes. <br /> <br />-3- <br />