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<br />88- 10~970
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<br />(c) After paying the Items specified In subparagraph (b), If the sale Is by Trusteer or the proper court and other costs of for&closure and sale If
<br />the sale Is pursuant to ludlclal foreclosure, the proceeds of sale shall be applied In the order stated below to the payment of:
<br />(1) Cost of an evldenca of title procured In connection with such sale and of any revenue required to be paid;
<br />(2) Attorneys feesj
<br />(3) AIIl!lums 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.
<br />
<br />(d) If the Beneficiary of this Deed 01 Trust Is a bank as defined by Nebraska law, any statement contained In 9ny 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 confAlJslon 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 thilllttorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraske. law, provided, however,
<br />that this section does not apply to the Trustee fee referred 10 In paragraph 6 (b), provldr.\l further, that this panlgraph shall not apflly to this Deed
<br />of Trust, If thl!lBeneflclary Is not a bank.
<br />
<br />(12) Addltlona' Security In.trumenCa. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptly upon demandr auch security
<br />Instrumenta aa may be required by Beneficiary, In form and substance satisfactory to Beneficiary, covering any of the Property conveyed by thIs
<br />Deed o. Trust, which security Instruments shell be additional security for Trustor's faithful performance of all of the terms. convenants And con-
<br />ditione of this Deed of Trust, the promlsaory notes secured hereby. and arlY other eecurlty Instruman1l8XtlCutMlln connection wlth1hla tranne-
<br />tlon. Such lnatrumentll ShAll be recorded or filed at Trustor's expense. ' -- '.'. .' :~;:'~i,' " ".,..,';,
<br />
<br />(13) Appolnunent 0' Succ..aor Trust... Beneficiary may, from time to time, by a written InstrumenteUcUlildand.ackgqwIe4ged by
<br />Beneficiary, ",dlled to Trustor and recorded in the county or counties In which the Property Is lo~tfllj .i1c1bjot"....lie COMP!YqWlth the
<br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors to'ftlltTruatee named herelnorectlngi'lereun-
<br />der.
<br />
<br />(14) In.pectlona. Beneficiary, or Its agents, represenlatlves or workmen, are authOrized to enter at any reasollable tIme upon or In any part of
<br />the Property for the purpose of Inspecting the same and lor the purpose 01 performing any 01 the acts It Is authorized to perform under the terms
<br />01 the Deed of Trust.
<br />
<br />(15) Option to FOfRlolure. Upon the occurrence of any delault hereunder, Benellclary shall have the opt:on to foreclose this Deed of Trust in
<br />the mariner provided by law for the foreclosure of mortgages on real property.
<br />
<br />(16) FOIWbearance by .lIMllelary or Trult.. Not. Wai".r. Any forebearance by BenefIciary or Trustee In exercising any right or remedy
<br />hereunder, or otherwlle atforded by Jlppllcable law, shall not be a waiver of or preclude the exercise 01 any such right or remedy. UkewlN, the
<br />waiver by Beneficiary or Trustee of any default of Trustor under this Deed 01 TrUll shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occurlng,
<br />
<br />(11) Tru.lor NGt R.,..Hd. EJll:tenliQn of the time lor payment or modlflcallon or amortization of the sums secured by this Deed of True! gran-
<br />ted by Beneficiary to any successor In Interest of Trustor shall nol operate to releeae, In any manner, the liability of the original Trustor ami
<br />Trustor's successor In Interelt. Beneficiary shall not be required 10 commence proceedings against such succ.aaor or refuse to extand time for
<br />payment OJ otherwls'l modify amorUzatlon of the sums secured 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) 8en.nclary'. Pow..... Without affecUng Ihe liability ollhe Trustor or any other peraon liable lor the payment of any obligation herein men-
<br />tioned, and without aflectlng the lien or charge of thIs Deed 01 Trust upon any portion 01 the property not than or theretofore released as securIty
<br />for the full amount of all unpaid obligations. beneficiary may, from lime to lime and without notice, (I) rele8'& any peraon so liable. (II) extand the
<br />maturity or alter allY of the terms of any such obligations, (III) grant olher Indulgenc~s, (Iv) relea.e or reconvey, or cause to be released or recon.
<br />veyedat any time at Beneficiary's options any parcel, portion or all ollhe Property, (v) take or release any other or additional S8Curlty for any
<br />obligation herein mentioned, or (vi) make composlllons or other arrangements with debtors In relation thereto.
<br />
<br />(19) ReconYOJanceby Trust... Upon written request of Beneficiary stating that all sums secured hereby have been paid. and upon surrenlJer of
<br />this Deed 01 Trust and the Note to Trustee for cancellation and retenllon and upon payment by Trustor of Trustee's fees, Tru.t.. snan reconvey
<br />to Trustor, or the person or persons legally entitled thereto, wlthoul warranty, any portion of the Property then held hereunder. The recital" In
<br />such reconveyance of any matters or facts shall be conclusive proof ot the tnrthlulness thereof. The grantee In any reconveyance may be
<br />described as "the person or persons legally entitled Iherelo",
<br />
<br />(20) NotlcH. Except lor Bny notices, demands, requests, or olher communications required under applicable taw to be given in another man-
<br />ner, whenever Beneficiary, Trustor, or Trustee gives or serves any noUct! (Including, without limitation, notice of default and notice of sale),
<br />demand's, requests or other communication with respect to Ihls Deed of Trust. each such notice, demand, request or other communicationS!'lall
<br />be in writing and shall be effective only If the same is delivered by personal service or mailed by certlflod mall, postage prepaid. return receipt
<br />requested, addressed to the address as set lorth at the beginning OT tnls Deed 01 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 al Siny lime change lts address for such notices by delivering or mailing to the other partl"s hereto, as aforesaid, B
<br />notice 01 such chango. Any Pootlcs hereunder shall be deemed 10 have been given to Trustor or Beneficiary, when given In Ihemanner designated
<br />hareln,
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<br />(21)Oonmlng La., This Deed of Trust shall be governed by the laws 01 the State of Nebraska.
<br />
<br />(22) Succ..so,. .nd ASllgnll. This Deed of Trusl and alllermsr conditions and obligations herein apply to and Inure to the benefit of and bind
<br />all parties hereto, their heirs, legat68s, devisees, personal representatives, successors and assigns, The term "Benellciary" shall mean the
<br />owner and holder 01 the Note, whether or not named as Beneficiary herein,
<br />
<br />(23) JoInt and SeYeral Liability. All covenants and agreements 01 Truslor shall tie Joint and several.
<br />
<br />(24) SeverabilIty. In the ovent anyone or more of the provisions contained In this Deed of Trust, or the Nola or 6ny olher securlty instrument
<br />given In connection wllh this transaction shall for any reason be held to be Invalid, Illegal or unentorceable In any respect. such invalidity,
<br />illegality, or unenforcellblllty shall, 81 the option 01 Beneficiary, nol atlect any other provision 01 this Dlled 01 Trust. but this Deed 01 Trust shall
<br />be construed alll! such InvaHd, Illegal, or unenforceable provision had never been contained herein or therein, II the lien 01 this OE;ud 01 Trust'ls
<br />Invalid 01 unenlorceable as to any part of Ihe debt. or If the lien Is Invalid or unenlorceable as to any part of the Property, the unsecured or par-
<br />IIl1l1y secured portion 01 the debt shall be complately paid prior to Iha payment 01 the ramalning and secured or pertially 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 />10 have been IIr91 paid on and applied 10 tha lull payment 01 that portion 01 the debt which Is not secured or not lully secured by the lien althis
<br />Dead 01 Trust.
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<br />(251 Number and O.ndlllr, Ceptlonll. Whenever used herein, the singular number shalllnctucle the plural, Ihe plural, 1M singular, and the use of
<br />Bny gander shall be applicable 10 all genders, The CBPllon!9 and headings olltla paragraphs of this Deed 01 Trust are lor convenience only ana
<br />are not \0 bo used to Inlerpret or dellne the provisions hereof
<br />
<br />(26) Acceptance by Trustee. Trustee aCC9pl!llhlS Trusl when this Doed at Trust, duly executed and acknowledged, Is made a publiC UH:ord as
<br />provided by law
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