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<br />(c) After paying the Items specified In subparagraph (b), If the sale Is by Trustee, or the proper court and other costs of foreclosure and sale If
<br />the sale Is pursuant to judicial foreclosure, the proceeds of sale shall be applied In the order stated below to the payment of:
<br />(1) Cost of an evidence of title procured In connection with such sale and of any revenue required to be paid;
<br />(2) Attorneys fees;
<br />(3) All sums then secured hereby and any liens having priority over this one;
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />(5) The remainder, If any, to tne person or persons legally entitled thereto.
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<br />(d) If the Beneficiary of this Deed of Trust Is a bank as defined by Nebraska law, any statement contained In any other section of this deed
<br />notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to payor give: any confession of
<br />Judgment, power of attorney to confess judgment, power of attorney to appear for a borrower In a Judicial proceeding or agreement to pay the
<br />costs of collection or the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, however,
<br />that this section does not apply to the Trustee fee referred to in paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed
<br />of Trust, If the Beneficiary Is not a bank.
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<br />(12) Additional Security Inatrumanta. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptiy upon demand, such security
<br />Instruments as may be required by Beneficiary, In form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust, which security Instruments shall be additional security for Trustor's faithful performance of all of the'terms, convenants and con.
<br />dltlons of this Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed in connection with this transac.
<br />tlon. Such Instruments 'shall be recorded or filed at Trustor's expense.
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<br />(13) Appolntmant of SUccellor Truatee. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded In the county or counties in which the Property is located and by otherwise complying with the
<br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun.
<br />der.
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<br />(14) Inapactlcma. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or In any part of
<br />the Property for the purpose of Inspecting the same and for the purpose of performing any of the acts it Is authorized to perform under the terms
<br />of the Deed of Trust.
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<br />(15) Option to Foraclosure. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in
<br />the manner provided by law for the foreclosure of mortgages on real property.
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<br />(16) Forebearance by Beneficiary or Trustee Not. Waiver. Any forebearance by Beneficiary or Trustee In exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the
<br />waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar
<br />defaults Subsllquently occurlng. '
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<br />(17) Truator Not Releaaeel. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran.
<br />ted by Beneficiary to any successor In interest of Trustor shall not operate to release, In any manner, the liability of the original Trustor and
<br />Trustor's successor In Interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and
<br />Trustor's successor in interest.
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<br />(18) Beneficiary's Powera. Without affecting the liability of the Trustor or any other person liable for the payment of any Obligation herein men.
<br />tloned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (I) release any person so liable, (II) extend the
<br />maturity or alter any of the terms of any such obligations, (Iii) grant other Indulgences, (iv) release or reconvey, or cause to be released or recon.
<br />veyed at 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, or (vi) make compositions or other arrangements with debtors In relation thereto.
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<br />(19) Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of
<br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals In
<br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyance may be
<br />described as "the person or persons legally entitled thereto".
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<br />(20) N<:itlces. Except for any notices, demands, requests, or other communications required under applicable law to be given In another man.
<br />ner, whenever Beneficiary, Trustor, or Trustee gives or serves any notice (including, without limitation, notice of default and notice of sale),
<br />d9mands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall
<br />be In writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt
<br />requested, addressed to the address as set forth at the beginning ot tnls Deed of Trust. Trustor hereby requests that a copy of any notice of
<br />default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to it at the address set forth at the beginning of this
<br />Deed of Trust. Any party may at any time change Its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a
<br />notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given In the manner designated
<br />herein.
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<br />(21) Governing Lew. This Deed of Trust shall be governed by the laws of the State of Nebraska.
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<br />(22) Succnaon enCl Assigns. This Deed of Trust and all terms, conditions and Obligations herein apply to and inure to the benefit of and bind
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the
<br />owner and holder of the Note. whether or not named as Beneficiary herein.
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<br />(23) Joint and Several Liability. All covenants and agreements of Trustor shall be joint and several.
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<br />(24) Severability. In the event anyone or more of the provisions contained In this Deed of Trust, or the Note or any other security Instrument
<br />given In connection with this transaction shall for any reason be held to be invalid, Illegal or unenforceable In any respect, such Invalidity,
<br />illegality, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but thIs Deed of Trust shall
<br />be construed as If such invalid, Illegal, or unenforceable prOVision had never been contained herein or therein. If the lien 01 this Daed of Trust Is
<br />Invalid or unenforceable as to any pan 01 the debt, or If the lien Is invalid or unenforceable as to any part of the Property, the unsecured or par-
<br />tially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the
<br />debt, and all payments made on the debt, whether voluntary or u.nder foreclosure or other enforcement action or procedure, shall be considered
<br />to have been first paid on and applied to the full payment of that r,ortlon of the debt which Is not secured or not fully secured by the lien of this
<br />Deed of Trust.
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<br />(25) Number and Gender; Captions. Whenever used herein, the singular number shall include the plural, the plural, the singular, and the use of
<br />any gender shall be applicable to all genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and
<br />are not to be used to Interpret or define the provisions hereof.
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<br />(26) Acceptence by Trust... Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, Is made a public record as
<br />provided by law.
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