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88- 101244 I" upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's Deed, without warranty, conveying the Property sold. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees of not more than five percent (5%) of the gross sale price or the fair market value of the property at the time of sale, whichever is greater, reasonable attorney's fee and costs of title evidence; b) to all sums secured by this Trust Deed; C) to the payment of junior trust deeds, mortgages or other lienholders; and d) the balance, if any, to the person or persons legally entitled thereto. 13. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy in the event of continuing or future breaches by the Borrower. 14. All remedies provided in this Trust Deed are distinct and cumulative to any other right or remedy under this Trust Deed or afforded by law or equity, and may be exercised concurrently, independently or successively. If Borrower has given Lender a chattel mortgage, or security the debt secured hereby, in the event of default hereunder or thereunder, Borrower shall have the right and option to first foreclose on said personal property without prejudice to its right to thereafter sell or foreclose the Property or to pursue all security at the same time or to pursue the personal property after the ~ale or foreclosure of the Property. 15. Upon payment of all sums secured by this Trust Deed, Lender shall request Trustee to reconvey the Property and shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 16. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all title, power and duties conferred upon the Trustee herein and by applicable law. 17. Borrower requests that copies of any notice of default and notice of sale be mailed to 2511 19th Avenue, Central City, Nebraska 68826. If the Borrower wants to change such address or the person designated to receive such notice then Borrower must file a separate request for such address or the -5- r I L L --1 ~