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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 15 pursuant to judicial foreclosure, the proceeds of sale shall be applied In the order slated below to the payment of:
<br />
<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 faes;
<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 ttoereto.
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<br />(d) If the Beneficiary of this Deed of Trust is a bank as ..;efined by Nebraska law, any statement co~tained in any oth~r section of. thi~ deed
<br />notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to payor give: any comesslOn 01
<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 secHon does not apply to the Trustee fee referred to in paragraph 6 (bi, 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 Inltrumlntl. Trustor, at its expense. will execute and deliver to the Beneficiary, promptly 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. IH .:~J'; ~ ,"7:._....,
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<br />I13J .,..loIm,oI of SO"",,, Tw"". B...B,;.", moy. ;,= <1m. ;. <1m.. "' .. to., '''''''''''''''''''j''' ''''...,,,,... b,
<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Prope y is !ocal..~j!tlby at he Ise complying wilh the
<br />~~~~Islons of the applicable laws of the State of Nebraska substitute a successor or SUCCllssors to the Trust:~~ed erein or acting hereun.
<br />
<br />(14) Inlpectlonl. Beneficiary, or its agents, representatives or workmen. are authorized to enter at any reason ble lime upon or in any part of
<br />the Property for :he purpose of inspecting the same arid for the purpose of performing any of the acts it is au tho ed to perform under the terms
<br />of the Deed of Trust.
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<br />(15) Optlon to Foreclosure. Upon the occurrence of any default lJereunder, Beneficiary slJall ha\'e tlJe option to foreclose this Deed of Trust in
<br />the manner provided by la'll fer the foreclosure of mortgages on real property.
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<br />(16) Foreburance by elnlffclary or Trultee Not a 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 subsequently occuring.
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<br />(17) Trultor Not Relund. 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 r.rOCeedings against such successor or refuse to extend lime for
<br />payment or otherwise modify amortization of ftoe 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) eln.ffclary'l POWIIlI. Withouf affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men-
<br />tioned. and without affecting the lien or Charge of this Deed of Trust upon any poltion of the property not then or theretofore released as security
<br />for the full amount of all unpaid obligations, beneficiary may. from time to lime and \\'ithout notice. (i) release any person SD liable. (ii) extend the
<br />maturity or aller any of thllterms of any such obligations. (Iii) grant other indulgences. (iv) releaso or reconvey. o~ cause to be released or reeon.
<br />veyed al 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 ,mangements with debtors in retAtion th&feto.
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<br />(19) Re<oonTly.n~1 by TrultH. Upon wUHen requesl of Beneficiary statifli) 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 than held hereunder. The recila's In
<br />such reconveyance of any malters or facts shall be conclusive proof of the !rutnfulness thereof. The grantee in any reconveVance may be
<br />described as "the person or persons legally entitled thereto".
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<br />(20) Nollc... Except for any nollces, demands, requests. or other communicatIOns required under applicable law to be given in another ",,In.
<br />ner, whllnever Beneficiary. Trustor. or Trustee gives or serves any notice (inCluding, withoul limitation. notice of default and notice of Sale),
<br />demands. requests or other communication with respect to this Deed of Trust. eactt suct) notice. demand. request or other communication shall
<br />be in writing and Shall be effective only if ttoe 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 beginmng at thiS Deed of Trust. Trustor hereby requDSts thaI a copy of any notice of
<br />default, any notice of sale, required or permitled to be given the Trustor hereunder. be mailed to it at tile address set forth atlhe beginning of this
<br />Deed of Trust, Any party may at any time change its address for such notices by delllering 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) Oovlrnlng L.w. inis Deed of Trust shall be governed by the laws of the State of Nebraska.
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<br />(22) SUl:c..lore Ind A..lgns. This Deed of Trust and all terms. conditions and Obligations herein apply to anti inure to the benefit of and bind
<br />all parties hereto, their heirs. legatees, deYisees. personal representahves. successors and assigns. The term "Beneficiary" shall mean the
<br />owner and holder of the Nole, whether or not ~amed as Beneficiary lJerelO.
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<br />(23) Jolntlnd Severll L1lblllty. All covenants and agreements of Trustor shall be ,ornl and several.
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<br />(24) Slver.blllty. 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 inyalitl. illegal or unonforceable in any respect. such invalidity.
<br />illegality. or unenforceabllily shall, at the option of Beneficiary, nol affect any olher 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. lithe lien of this Deed of Trust is
<br />Invalid or unenforceable as to any part of the debt, or if the /len is invalid or unenforceable as to any part of the Property. the unsecured or par-
<br />tially secured portion 01 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 enforcement action or procedure, shall be considered
<br />to have been IIrsl paid on and applilld to the full payment of that portion of the debt which is not secured or not fully secured by the lien at this
<br />Deed of Trust.u
<br />(25) Number Ind Olnellr; C.ptlonl. Whenever used herein, the singular number shall include tha plural. the plural. the Singular, and the use of
<br />any gllnder shall be applicable to all genders. The captions and headings oltne paragraphs of this De&d of Trust are for convenience only and
<br />are not to be used to Intorpret o! dellne the provisions hereof.
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<br />(26) Acc~tlncl by Trult.., Trustee accepts this TruSl when tn,s Deed 01 Trusl. duly execuled and acknowledged, 15 made a public record as
<br />proylded by law
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