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<br />RE.RECORDED88_100172 88- looil1
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<br />(c) Alter paying the Items specified In subparagraph (b), II the sale Is by Trustee, or the proper court and other costs olloreclosure and sale If
<br />the sale Is pursuant to Judlclalloreclosure, the proceeds 01 sale shall be applied In the order stated bslow to the payment 01:
<br />(1) Cost 01 an evidence 01 title procured In connection with such sale and 01 any revenue required to be paid;
<br />(2) Attorneys lees;
<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 the person or persons legally entitled thereto,
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<br />(d) II the Benellclary 01 this Deed 01 Trust Is a bank as dellned by Nebraska law, any statement contained in any other section of this deed
<br />notwithstanding, The Benellclary shall not be entitled to receive or take and debtor shall not be obligated to payor give: any confession 01
<br />judgment, power of attorney to c.onfess judgment, power 01 attorney to appear lor a borrower in a judicial proceeding or agreement to pay the
<br />costs 01 collection or the attorneys' lees. 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 lee relerred to in paragraph 6 (b), provided lurther, that this paragraph shall not apply to this Deed
<br />of Trust, II the Benellciary is not a bank,
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<br />(l2) Additional Security Inatrumanta. Trustor, at its expense, will execute and deliver to the Benellclary, promptly upon demand, such security
<br />Instruments as may be required by Benellciary, in lorm and substance satislactory to Benellciary, covering any of the Property conveyed by this
<br />Deed 01 Trust, which security Instruments shall be additional security lor Trustor's laithlul perlormance 01 all of the terms, convenants and con.
<br />dltlons 01 this Deed 01 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) Appointment of Succellor TrultH. Benellclary may, Irom time to time, w, . "oxecuted and acknowledged by
<br />Benellclary, mailed to Trustor and recorded in the county or counties In which p....~W ~~1 ,and by otherwise complying with the
<br />provisions 01 the applicable laws 01 the State 01 Nebraska substitute a success or succesjlj(~iit1'1e' rustee named herein or acting hereun.
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<br />der. I :'- -. . ~~:_.- "..- tl,.
<br />(14) Inspections. Beneficiary, or its agents, representatives or YJorkmen. are al,lthorlzed to enter at any reasonable time upon or In any part 01
<br />the Property lor 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 01 Trust,
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<br />(15) Option to Foreclosure. Upon the occurrence 01 any delault hereunder, Benellciary shall have the option to loreclose this Deed 01 Trust in
<br />the manner provided by law lor the loreclosure 01 mortgages on real property,
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<br />(16) Forebeerance by Benellclary or Trust.. Not a Waiver. Any lorebearance by Beneficiary or Trustee in exercising any right or remedy
<br />hereunder, or otherwise allorded by applicable law. shall not be a waiver 01 or preclude the exercise 01 any such right or remedy, Likewise, the
<br />waiver by Beneficiary or Trustee 01 any delault 01 Trustor under this Deed 01 Trust shall not be deemed to be a waiver 01 any other or similar
<br />delaults subsequently occuring,
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<br />(17) Trultor Not Relelllcl. Extension 01 the time lor 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 see-ured by this Deed 01 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 Powers. Without allecting the liability of the Trustor or any other person liable for the payment of any obligation herein men.
<br />tloned, and without allectlng 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 lull amount of all unpaid obligations, beneficiary may. from time to time and without notice, (i) release any person so liable, (i1) extend the
<br />maturity or aiter any 01 the terms 01 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 (;omposltions or other arrangements with debtors In relation thereto.
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<br />(19) Reconveyence by TrustH. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender 01
<br />this Deed of Trust and the Note to Trustee for can,;ellatlon 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) Notices. 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 01 default and notice of sale),
<br />demands. requests or other communication with respect to this Deed oi 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 mall, postage prepaid, return receipt
<br />requested, addressed to the address as set forth at the beginning 01 thiS 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 01 Trust shall be governed by the laws of the State 01 Nebraska,
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<br />(22) Succellors and Asclgns. This Deed of Trust and all terms, conditions and obligations herein apply to and inure to the benefit 01 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 ...erein,
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<br />(23) Joint and Savaral Liability. All covenants and agreements of Trustor shall be joint and several.
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<br />(24) Saverablllty. In the event anyone or more 01 the provisions contained in this Deed of Trust, or the Note or any other security Instrument
<br />given in connection "lith this transaction shall for any reason be held to be invalid, illegal or unenforceable In any respect, such Invalidity,
<br />illegality, or unenforceabllity shall, at the option 01 Beneficiary, not affect any other provision of this Deed of Trust, but this Deed 01 Trust shall
<br />be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, II the lien 01 this Deed of Trust is
<br />Invalid or unenlorceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Property, the unsecured or par.
<br />tlally 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 under foreclosure or other enlorcement action or procedure, shall be considered
<br />to have been first paid on and applied to the full payment of that portion 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 Gendar; Captions. Whenever used herein, the singular number shall include the plural, the plural. the singular, and the use 01
<br />any gender shall be applicable to all genders, The captions and headings of the paragraphs 01 this Deed of Trust are for convenience only and
<br />are not to be used to Interpret or dellne the provisions hereof.
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<br />(26) Acceptance by TrustH. Trustee accepts this Trust when this Deed 01 Trust, duly executed and acknowledged, is made a public rbcord as
<br />provided by law,
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