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<br />(c) After paying the lIems epecfft8dlnsutsparagraph (b), II the sale Is by Trust." or the proper court and other C?sts of forecl~and ..Ie If
<br />the ..ra tl pursuant to ludlclal foreclosure. the proceecfs of sata shall be applied In the order stated below to the payment of:
<br />(1) eost of an evidence a. tlUe procured tn C')nnactlon with such sale and of any revenue required to be paid;
<br />(2) AUomeys 'en;
<br />(3) All sums then aecured hereby and any lIetns having priority over this one;
<br />(4) Junior trust deeds, mortgagee, or other lienholders; and
<br />(5) The remainder, If any, to the peraon or persons legally entitled thereto.
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<br />(d) If the Beneficiary of this Deed of Trust Is a bank as defined by Nebruka law, any statement contained In any ~tha( section of this deed
<br />notwithstanding, The Beneficiary shall not be entitled to receive O!' take and debtor shall not b9 obligated to payor glile: any confession o'
<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, unless such acts of collecUon would not otherwise be prohibited by Nebraska law, provided, howavar,
<br />that this 18(.1lon does not apply to the Trustee 'ee referred to In paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed
<br />of Trust, I' the Beneficiary Is not a bank.
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<br />(12) AdcIhlona' Security InltJumentl. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, auc;h security
<br />Instruments as may be required by Beneficiary, In form and substance saUsfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust, which security Instruments shall be additional security for Trustor's faithful performance of all of the tarms, convenants and con-
<br />ditions of tl1ll1 Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed In connection with this trensac-
<br />tlon. Such Instruments shall be recorded or flied at Trustor's expense. .
<br />
<br />(13) AppoIntment of Succaaaor Trust... Beneficiary may, from time to time, by a written Instrument executMl and acknowledged by
<br />Beneficiary, mailed to Trustor and recDrded In the county or counties In which the Property Is located and by otherwise complying with the
<br />provisions of the applicable laws of Ihe State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun-
<br />der.
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<br />(14) tnspacttons. Beneficiary, or lis agents, representatives or workmen, are authorized to enter at any reasonable time upon or In any part of
<br />the Property for the purpose of Inspecting the same and for the purpose of performing any of the acts It Is authorl:!'ld to perform under the terms
<br />of the Dllad of Trust.
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<br />(15) Option to Forectosure. Upon the occurrence of any default hereunder, Beneficiary shall have the 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 />(16) Forebearanea by Banaftclary or Trult.. Not a Walvar. 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 />defaul2s subeequently occurlng, '
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<br />(17) Trustor Not Rala.seel. Extension of the time for 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) BenattctlllJ's 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 eo liable, (iI) extend the
<br />maturity or alter any of the terms of any such obligations. (Ill) grant other Indulgences, (Iv) release or reconvey. or cause to be released or recon.
<br />veyed 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) R8CDnvayanca by Trust... Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of
<br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in
<br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyance may be
<br />described as "the person or persons legally entitled thereto".
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<br />(20) Notlcel. 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 wllh 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 to the address as set forth at the beginning 01 tnls Deed of Trust. Trustor hereby requests that a copy at 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 at any time change Its 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 Beneficiary, when given In the manner designated
<br />herein.
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<br />(21) Oovernlng Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
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<br />(22) Succassors and Alslgns. This Deed of Trust and all terms, conditions and obligations herein apply to and Inure to the benefit of and bind
<br />all parties 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) JDlnt and Severel Liability. All covenants and agreements .of Trustor shall be joint and several.
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<br />(24) Severability. 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 of Trust Is
<br />Invalid or unenforceable ae to any part of the debt, or If the lien Is Invalid or unenforceable as to any part of the Property. the unsecured or par.
<br />tlally 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 all 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 lien of this
<br />Deed of Trust.
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<br />(25) Number and Oandar; 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 olthe paragraphs of this Deed of Trust are for convenience only and
<br />are not to be used to Interpret or define the provisions hereof,
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<br />(26) Acceptlnce by Trust... Trustee accepts this Trust when this Deed 01 Trust, duly executed and acknowledged. Is made a public record as
<br />provided by law,
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