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<br />88- 103'19Q
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<br />(c) After paying the Items specified In subparagraph (b), If the sele Is by Trustee, or the proper court and olher co:rs~ rg'reclosure and sale If
<br />the sale Is pursuant to Judicial foreclosure, the proceeds of sale shall be applied In the order stated below to the paymenl of:
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<br />(1) Cost of an evidence of title procured In connection with such sale and of any revenue required 10 be paid;
<br />(2) Attorneys fees;
<br />(3) Alllums then eecured 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 />lei) If the BeneficIary of Ihls Deed of Truslls a bank as deflnilld by Nebraska law, any slalement contained In any olher section of this deed
<br />notlllllthstandlng, The Beneficiary shall not be entitled to receive or take and debtor shall nol be obligated 10 payor give: any confession of
<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, unlesa such acts of collection would not otherwise be prohibited by Nebraska law, provided, however,
<br />that this section does not apply to the Trustee fee referred to In paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed
<br />of Trust, If the Beneficiary Is nol a bank.
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<br />(12) AdelI.IoM. hcurtty In.trumen... Truslor, at lis expense, will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />Inslrumenl. as may be required by Beneflclary,ln form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust, which security Instrumenls shall be additional securlly for Trustor's faithful performance of all of Ihe terms, convenants and con.
<br />dltlons of this Deed of Trusl, Ihe promissory notes secured hereby, and any other security Instrumenls executed In connection with this transac.
<br />tlon. Such Instruments shall be r8':orded or flied at Trustor's expense,
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<br />(13) Appoln.m.n. of 8u~..or Tru..... BenefiCiary may, from time 10 time, by a written Instrument ellecuted and aoknowledged by
<br />Beneficiary, mailed 10 Trustor and recorded In the county or counties In which the Property Is located',nd by other:wlll8 complying with the
<br />provisions of the applicable laws of Ihe Slate of Nebraska substitute a successor or successors to the ,Trustee named herein or acting hereun.
<br />der.
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<br />(14) In.pectlons. Benellclary, or lis agents, representatives or workmen, are authorized to enter at any reasonable time upon or In any part of
<br />the Property for Ihe purpose of Inapectlng the same and for the purpose of performing any of the acts It Is authorized to perform under the terms
<br />of the Deed of Trust.
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<br />(15) Option to Fo..-closure. 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 Ihe foreclosure of mortgages on real property,
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<br />(16) Foftlbaarance by 8.n.flcl.ry or Tru.t.. Not a W.".r. 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. Llkewlee, 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 occurlng.
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<br />(17) Tru.tor Not "......... Extension of the time for payment or modification or amortization of Ihe sums secured by this Deed of Trust gran-
<br />ted by Beneficiary 10 any successor In Interest of Truslor shall nol operate to releaee, In any manner, the liability of the original Truator and
<br />Truator's SUCCfluor In tnterest. Beneficiary shall not be required to commence proceedings agalnal such succeaaor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by Ihls Deed of Trust by reason of any demand made by Ihe original Trustor and
<br />Trustor's succeuor In Inlerest.
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<br />(18) 8.natlcl&ry'. Pow... Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men-
<br />tioned, and without affecting thallen or charge of Ihls Deed of Trust upon any portion of the property not then or theretofore raleesed aSlS8Curlty
<br />for tha full amounl of all unpsld obligations, benellclary may, from time to time and wlthoul notice, (I) release any person so liable, (II) extend the
<br />maturity or aller any of the terms of any such obligations, (IIi) grant other Indulgences, (Iv) release or reconvey, or cauae to be released or recon-
<br />vayed at any \lme at Beneficiary's opllons any parcel, portion or all of Ihe Property, (v) take or release any other or additional security for any
<br />Obligation herein mentioned. or (vi) make compositions or other arrangemenls with debtors In relation thereto,
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<br />(19) "lIClCKIfty.nce by Tru..... Upon written request of Beneficiary staling that all sums secured hereby have been paid, and upon surrender of
<br />Ihis Deed of Trusl and the Note to Trustee for cancellation and relentlon and upon payment by Trustor of Truslee's fees. Trustee shall reconvey
<br />to Trustor, or the person or persons legally entitled therelo, wlthoul warranly, any portion of the Property then held hereunder, The recitals in
<br />such reconveyance of any malters or facts shall be conclusive proof of the truthfulne8s thereof. The grantee In any reconveyance may be
<br />described .s "the person or persons legally entitled thereto",
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<br />(20) Notlcea. Except for sny nollces, demands, requests, or other communications required under applicable law 10 be given In another man-
<br />ner, whenever Benellclary, Trustor, or Trustee gives or serves any no\lce (Including, without limitation, notice of C1efault and notice of sale),
<br />C1emand's, rtlquests or other communication with respect to this Deed of Trust, each such notice, demand, requeal or other communication shall
<br />be In writing and shall be effective only If Ihe 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 tnls Deed of Trusl. Truslor hereby requests that a copy of any notice of
<br />d.dault, any notice of sale, required or permitted 10 be given the Trustor hereunder, be mailed to It at the addresa set forth at the beginning of this
<br />Deed of Trust. Any party may at any time ChSnge Its address for such notices by delivering or melllng 10 the olher parties hereto, as aforesaid, a
<br />notice of such change, Any notice hereunder shall be deemed to have been given 10 Trustor or Beneficiary, when given In Ihe manner designated
<br />herein.
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<br />(21) Qonmlng Law. This Deed of Trust shall be governed by the laws of Ihe Stale of Nebraska.
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<br />(22) 8uClCH80t8 .nd As.lgns. This Deed of Trust and alllerms, conditions and obligations herein apply to and Inure to the benellt of and bind
<br />all parties herato, their heirs, legalees, devisees, personal represenlatlves, successors and aulgns. The term "Beneficiary" shall mean the
<br />owner and holder of the NotE!, IAInether or not named as Beneficiary herein,
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<br />(23) Joint and Sevaral Liability. All covenants and agreements of Truslor shall be joint and several.
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<br />(24) s.nrabllfty. In the event anyone or more of the provisions conlalned In this Deed 01 Trust. or the Note or any other security Instrument
<br />given In connecllon w!th this transaction shall lor any reason be held 10 be Invalid, Illegal or unenforceable In any respecl, such Invalidity,
<br />IIleg.llty, or unenforceablllly shall, at tile option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall
<br />be con,lrued as II such Invalid, Illegal, or unenforceable provision had never been contained herein or therein, lithe lien of Ihls Deed of Trust Is
<br />Inv.lld or unenforceable as to any part 01 the debt, or IIlhe lien Is Invalid or unenforceable as to any part of the Property. the unsecured or par.
<br />Ilally secured portion of Ihe debt shall be complelely paid prior to the payment of Ihe remaining and secured or partially secured portion of the
<br />debl. and all payments made "n the debt, whether voluntary or under foreclosure or other enforcement acllon or procedure, shill be consldereel
<br />to h.ve been IIrst paid on and applied to the full payment of that portlofl ollhe debl which Is not secured or not fully secured by Ihe lien of this
<br />Deed of Trust.
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<br />(25) Number and Qander; Capllons. Whenever used herein, Ihe stngutar number shall Include ths plural, the plural, the slngul.r, a~d the use of
<br />any gender shall be appllcsble 10 all genders, The captions and headings of Ihe paragraphs 01 this Deed 01 Trust Ire for convenience only .nd
<br />are nOI 10 be used 10 Interprel or dellne the proviSions hereof,
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<br />(26) Acceptance by Trust.., Trustee sccepls this Trust when this Deed of Trusl, duly elecul8d and acknowledged, IS made a publiC record as
<br />provided by law
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