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<br />(c) After payIng the Items specified In subparagraph (bl, If the sale Is by Trustee, or the proper court and other costs-of foreclosure and sale If
<br />the sale Ie pursuant to ludlclal foreclosure, the proceeds of sale shall be applied In the order stated below to the payment 01:
<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 eumsthen 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 tile person or persons legally entitled thereto.
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<br />(d) If tho Beneficiary of this Deed of Trust Is a bank as defined by Nebraska law, any statement contained /n any other secllon 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 confosslon of
<br />ludgment, 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, howover,
<br />that this secllon does not apply to the Trustee fee referred to In paragraph 6 (b), provided further, that Ihls paragraph shall not apply to this Deed
<br />of Trust, If the Beneficiary is not a bank.
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<br />(12) Additional &.curtly Inltnlmentl. 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 addlt!onal 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 />tion. Such Instruments shall be recorded or flied at Trustor's expense.
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<br />(13) Appointment ot Succellor Trult... Beneficiary may, from lime to lime, by a written Instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded In the county or counlles 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) Inlpectlonl. Beneficiary, or Its agents, representatives or workmen, are authorized to enter at any reasonable time upon or In any part 01
<br />the Property for the purpose of Inspecting the same and for the purpose of performing any 01 the acts It Is authorized to perform under the terms
<br />of the Deed of Trust.
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<br />(15) Option to Foreclosur.. Upon the occurrence of any default hereunder, Beneficiary shall have Ihe 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 />(15) Forebearance by Baneflclary or Trult.. 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 No. Ret.aMd. Extension of 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 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) Banellclary'1 Powers. 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 />yeyed 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 Trull... Upon written request of Beneficiary staling that all sums secured hereby have been paid, and upon surrender of
<br />this Deed of Trust and the Note to Trustee for cancelilltlon and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey
<br />to Truetor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held here'.'nder. The recllals In
<br />such reconveyance of any matters or facts shall be conclusive proof of the trulhfulness thereof. The grantee In any reconveyance may be
<br />described as "the person or persons legally entitled thereto".
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<br />(20) HOlien. 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 />demand~s, 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 mall, postage prepaid, return receipt
<br />requested, addressed 10 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 II at the address set forth at the beginning of this
<br />Deed of Trust. Any party may at any time change lis 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 Benef/clary, when given In the manner designated
<br />herein.
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<br />(21) Governing law. This Deed of Trust shall be governed by the laws 01 the State of Nebraska.
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<br />(22) Succe.~ and "llgnl. This Deed of Trust and all terms, conditions and obligations herein apply to and Inure to the benefit of and bind
<br />all partlfs 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) Jotnt and Seweral LIability, All covenants and agreements .01 Trustor shall be joInt and several.
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<br />(24) SeNr8blllty. 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 unenforceablllty 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 of this Deed 01 Trust Is
<br />Invalid or unenforceable as to any part of the debt, or If the lien Is Invalid or unenforceable as 10 any part of the Property, Ihe 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.1I payments made on the debt, whether voluntary or under 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 portion of the debt which Is not secured or not fully secured by the tlen of this
<br />Deed of Trust.
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<br />(25) Number and Gender; Captlonl. 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 prov1!Jlons hereof.
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<br />(26) Acceptance by Trul''', 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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