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<br />88- 103515
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<br />lawlul money 01 the United States al the lime of sale. The person conducting the sale may, lor any cause he or she deems expedient, post-
<br />pone the sale from time to time until il shall be completed and, in every such case, notice of postponement shall be given by public declaration
<br />thereof by such person af the time and place last appoinled for the sale; prc.vided, il the sale is postponed for longer than one (1l day beyond
<br />the day designated In the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of sale. Trustee shall execute
<br />and dehver to the purchaser its Deed conveying the property so sold, but without any covenant or warranly, express or implied. The recitals
<br />In the Deed of any mailers or facts shall be conclusive prool of the truthfulness thereof. Any person, including withoullimitation, Beneficiary
<br />or Trustee may purchase at the sa:e. Said sale shall be conducted at the real estate forming a parI of the Property or at the court house in
<br />the county In which the Property 10 be sold, or some partthereol, is situated.
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<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payments of the costs and expenses of
<br />exercising the power 01 sale and of the sale, ;ncluding, wilhoutlimltation, Ihe payment of Trustee's fees incurred, which Trustee's fees shall
<br />not in the aggregate exceed the sum of Five Hundred and no/l00ths ($500.00) plus 1/2 of 1% of the amount secured hereby and remaining
<br />unpaid and Ihen to the items set forth in subparagraph Icl 01 this paragraph FIFTH in the order therein stated.
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<br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH. if the sale is bv Trustee. or the proper court and other costs
<br />01 foreclosure and sale if 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 any evidence of lIt1e procured in connection with such sale and 01 any revenue required 10 be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder. if any, to the person or persons legally entitled thereto,
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<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale Provided for herein-
<br />above be mailed to each such party at his post office address set forth herein, Upon the occurrence of any default hereunder, BenefiCiary shall
<br />have the option to loreclose this Deed 01 Trust in the manner provided by law for the foreclosure of mortgages on real property.
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<br />SIXTH: Trustor specifically agrees that (al Trustor, at its expense, will execute and deliver to Beneficiary. promptly upon requesl such
<br />security instruments as may be required by Beneficiary, in a form and substance satisfactory to Beneficiary, covering any of the Property con-
<br />veyed by this Deed of Trust which security inslruments shall be additional security for Trustofs faithful performance of all of the terms. covenants
<br />and conditions of this Deed of Trust, the Note and indebtedness secured hereby, and any other security instruments executed in connection
<br />With Ihe indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at Trustofs expense; (b) Beneficiary
<br />may. from time to time, by wrillen instrument executed and aCknowledged by Beneficiary, mailed to Trustor and recorded In the county or
<br />counties in which the Property is located and by otherwise complying with the provisions 01 the applicable laws of the State of Nebraska. sub-
<br />stitute a successor or successors to the Trustee named herein or acling hereunder, (c) although the Trustee, or his successor or successors.
<br />may be an agent of, or allomey for, or otherwise connected with the Beneficiary. such fact shall not be construed 10 disqualify h.m 10 act as such
<br />Truslee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale and buying any part or all of the property at any sale hereunder,
<br />(eI) that if it should be necessary or appropriate for the protection of the security hereby conveyed or en'orcement of the debt hereby secured.
<br />for the Trustee or the Beneficiary to institute or become a party to any proceeding or suit in a court of bankruptcy or prObate or other court 01
<br />general or limited jurisdiction, all expenses and costs properly Incurred by said Trustee or said Beneficiary I including reasonable allomeys'
<br />fees) paid or incurred by said Trustee or Beneficiary in maintaining, prosecuting or defending such proceeding or protecting their respechve
<br />rights hereunder shall be an additional debt secured by Ihls Deed of Trust in like manner with Ihe principaf debt herein described; (e) Beneficiary.
<br />or its agents, representatives or workmen, are authorized 10 enter at any reasonable time upon or In any part of the Property lor the purpose
<br />of Inspecting Ihe same and lor Ihe purpose 01 performing any of Ihe acts it is authorized 10 perform under the lerms 01 this Deed 01 Trust; ('I any
<br />lorbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or olherwise allorded by applicable law, shall not be a
<br />waiver 0' or preclude the ellerclse 01 eny such right or remedy hereunder, similarly. the waiver by Beneficiary or Trustee 01 any delaull 01 Trustor
<br />under this Deed 01 Trust shall not be deemed a waiver 01 any other or similar delaulls subsequently occurring; (gl extension 01 the time tor pay-
<br />ment or modification or amortlzallon 01 the sums secured by Ihis Deed of Trusl granted by Beneficiary to any successor in interest of Trusfor
<br />shall not operale to release. in any manner the liability 01 the original Trustor and Trustofs successor in interesl Beneficiary shall nOf be required
<br />to commence proceedings agalnsl such successor or reluse to extend the time 'or payment or otherwise modify amortizalion of the sums and
<br />indebtedness secured by this Deed 01 Trust by reason 01 any demand made by the or/ginal Truslor and Trustor's successors in inlerest; thl witl>-
<br />out affecting the liability 01 the Trustor or any olher peraon liable lor the paymenl ollhe obligallons and Indebledness secured by this Deed 01
<br />Trust and wllhout aflecting Ihe lien or charge ollhls Deed 01 Trust upon any portion 01 the Property not then or theretolore released as security
<br />lor the luil amounl of all unpaid obligations, Beneficiary may, from lime 10 lime and withoul notice(O release any person so liable,{iO extend the melurity
<br />or aller any or the terms 01 any luch obllgallon, (Ill) grent other inClulgences, (Iv) release or reconvey, or cause to be released or reconveyec:J at
<br />any time at BenefiCiary's option any parcef, portion or ell of 'he Property, (v) take or release any other or adClltional security for any obligation or
<br />InClebtedneSll herein mentioned. or (vO make composlllons or olher arrangemenls wllh debtors. in relation Iherelo; (0 in addilion 10 lhe rights
<br />and powers given to the Trustee and Beneficiary herein, Ihe Beneficiary shall have ail such other rights both in law and equity lor colleclion of
<br />the indebtedness secured hereby as it would have bul for Ihis Deed 01 Trust; ID all covenants and egreements 01 Trustor sel forth in this Deed of
<br />Trust shall be loint and several; (I<) this Deed 01 Trus. shall be governed by Ihe laws 01 the State 01 Nebraska; (Q in the event anyone or more of
<br />Ihe provisions conteined in the Deed of Trult, or the Nole or any olher security inslrument given in connection with the indebtedness hereby
<br />secured shall for any reason be held to be invalid, Illegal or unenlorceable In any respecl such invalidity, illegality, or unenlorceebility Shall at
<br />the option 01 the benellciary not allect eny other prOVision of Ihe Deed 01 Trusl bul this Deed of Trust shall be conslrued as il such invalid. illegal
<br />or unenlorceable provision had never been contained herein or therein II the lien 01 this Deed ot Trust is invelid or unenlorceable as to any part
<br />oIlhe indebtedness hereby secured or evidence by Ihe Note, or .1 the lien is invalid or unenlorceable as to any part ollhe Property, the unsecured
<br />or partially secured portion 01 such Indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured
<br />portion of such indebtedness, and ail paymenls made on such indebtedness, whether VOluntary or under loreclosure or other enforcement action
<br />or procedure, shall be considered to heve been first paid on and applied to the full payment of thai portion 01 such indebtedness which is not
<br />leCured or not luily secured by the lien 01 the Deed of Trusl; and (m) The covenants and agreements contained in this Deed 01 Trust shall bind.
<br />and the benefits and advanteges hereol shall Inure 10 the respective heirs. e"ecutors. adminlslrators. successorll and assigns 0.1 the partie,;
<br />hereto. Wherever used herein. Ihe lIingular number shall include the plural and conversely, and the use 0.1 any gender shall be applicable to all
<br />gende,s. Wherever the terms "Beneficiary" Is used herein. II shall include the legal holder or holders of the Nole 0' Ihe Indebtedness secured
<br />hereby.
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<br />SEVENTH: Upon wrllten request of Beneficiary slallng thaI all amounls and indebtedness secured hereby have been paid, and upen
<br />surrender of this Deed of Trusl and the Note to Trustee lor the cancellation and relention end upen paymenl by Truslo, 01 Trustee'slees. Truslee
<br />shall reconvey to Truster, or Ihe person or persons legally entitled Ihereto, wlthoul warranly, eny portion or Ihe Prnperty 'hen held by Truslee
<br />hereunder. The recitals in such reconveyance 01 any mailers or lacts shall be concluaive prool of the trulhlulness Ihereot The grantee 01 eny
<br />reconveyenee may be described as "Ihe person or persons legally entitled thereto,"
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<br />~ Truslor acknowledge. that hill/her current IInancial poeitlen Is en Importanl IlIctor in Benellclary's decision tn advance the funds
<br />represented by Ihe alorementloned nofe. Truslor therelere has agreed. In order to provide ..surance to Benellclery wllh regard to Trustofs
<br />finenclal posltion.thatllllhell be an evenl of detault lor Truslor to allow any lien or encumbrance otherlhan this dr-ed 01 trust and the lien for tues which
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<br />are not yet due and payable 10 be placed on all or any part ollhe property described abovfl and allowed to remain e lien 10' 0 dey(s) EICCEPT
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<br />e lien Junior and Inferior 10 thla deed of Iru.t may be placed on all or a part 01 said property In favor of nnnp
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<br />Ineprlncl~lamountnotloellceed none ($ none
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<br />to be placed of record no later Ihan none , 9
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<br />~ _ Except for .ny nafices. demands. reque.11 or olher communlcellonl reQuired under .ppllc.ble law to. be given on anolher manne..
<br />whenever BenefiCiary, Trultor ar Tru.t.. glv.. or serve. eny nollce (Including. wllhoul limitation, nallce of defaull and nohce 01 salel demands.
<br />requeata or ofh.r communlcatlonl wllh r.apecl 10 Ihll De.d of TrUll each such notICe, demand. reQuest or other communication shall bt> In
<br />wr~lng and .hall be ellectlv" onlv jf the ..mela delivered by personal s"rvlce or mailed by cel1'fled mail, posta'le prepaid 'eturn '"c,,'pl '''QuPSlpd
<br />.lIdr....d 10 'Ihe addr".. of Ih" party to whom mailed al set lorth al the end 01 the Deed ot T'uot Anv party may al anI time ,hang!! It. adet,,,..
<br />for auch notice. by delwlt,tng Of ml.lhng to the othe, ptlrtl". here1o, 81 .'ot6..id. . notice of such rhangp An'l noltcp hpr(lundl'I shall hp t1ppmpd
<br />10 till"". been Q'''''" to 'rullO' Of Bene'lel.'y when glv"n In the m.nner ~fJ.lgn.ted herein
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