|
<br />88- 103,835
<br />
<br />11. AlaIMwlloll ...... ........, .~., We. Upon defoull by Trustor In Ihe payment of or performance of the terms and conditions of
<br />the Note, or any renewals. modifications or extensions thereof, or the payment of any other indebtedness setured hereby or in the performance
<br />of any of the convenants ar agreements hereunder. Beneficiary may declare all sums seclH'ed hereby immediotely due and payable and the some
<br />shall thereupon become due and payable without presentment, demond, protest or notice of any kind. Thereofter, Beneficiary may deliver to
<br />Trustee a written declaration of default and demand far sole. Trustee sholl have the pawer of sole of the Property and if 8eneficio~ detides the
<br />Property Is to be sold it sholl deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures
<br />ncvred hereby, and sholl deliver to Trustee a written notice of default and elettion to couse the Property to be sold, and Trustee, in turn, shall
<br />prepare 0 similar natice in the form required by low which shall be duly filed for retard by Trustee.
<br />(01 After the lapse of such time os may be required by low following the recordation of Notice of Default, and Notice of Default and Notice of
<br />Sale havil1ll been given os required by law, Trustee. without demand on Trustor. sholl sell the Property in one or more porcels and in such order
<br />as Trustor may determine on the date and at the time and ploce designated in soid Notice of Sale, at public auction to the highest bidder, the pur-
<br />chase price payable in cash in lawful money of the United States at the time of sole. The person conducting lhe sale may. for any cause he or she
<br />deems expedient. pastpone the sale from lime to time until it shall be completed and. in every such case. notice of postponement shall be given
<br />by ~ic declaration tllereof by such person at the lime and ploce last appointed for the sale; provided, if the sale is pastpaned for longer than
<br />one (11 day beyond lhe day designaled In the Notice of Sale, notice thereof sholl be given in the same manner as Ihe original Notice of Sale.
<br />Truslee shall execute and deliver to the pllfchoser its Deed conveying the Property sa sold, but without any convenont or warranly, express, or
<br />implied. The recilals in the Deed of any matters or facts sholl be conclusive proof of the truthfulness thereof. Any person. including without
<br />limitation Trustee. may purchowot the sale.
<br />(bl. When Trustee sells pursuant to the pawers herein, Trustee shall apply the proceeds of lhe sale to payment of the costs and expenses of
<br />exercising the pawer of sole and of the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees shall not
<br />in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the balance
<br />thereof; and then to the items wt forth in subparagraph (cl hereof in Ihe order therein staled.
<br />(cl After paying the items specified in subparagraph (bl, if the sale is by Trustee, or the proper court and olher costs of foreclosure and sole
<br />if the sole is pursuant to judicial foreclosure. the proceeds of sale shall be applied in the order stated below to the paymenl of:
<br />
<br />(11 Cost of any evidence of lilte procured in conneclion with such sole and of any revenue required to be paid;
<br />(21 Attorneys fees:
<br />131 All sums then HCured her.by;
<br />141 Junior trust deeds, mortgages, or olher lienholders; and
<br />(51 The remainder, if any, to the person or persons legally entitled Iherelo,
<br />
<br />(dl If the Beneficiary of this Deed of Trust is 0 bonk os defined by Nebraska low. any stolemenl contained in any olher seclion of this deed
<br />notwilhslanding, the BenerlCiory sholl not be enlitled to receive or take and debtor sholl nol be obligated to pay or give; any confession of judg-
<br />menl. power of attorney 10 confess judgmenl. pawer of attorney 10 appear for a borrower in a judicial proceeding or agreement to pay the costs
<br />of collection of the attorneys' fees. unless such octs of collection would nol olherwise be prohibited by Nebraska low, Provided. however, that
<br />this section does not apply to the Trustee fee referred 10 in paragraph 6 lbl, Provided further. lhol Ihis paragraph shall not appIv to this Deed of
<br />Trust, if the Beneficiary is not a bor*.
<br />12, ......... s.c.tty "'1, _.... Trustor. at its expense. will execule and deliver to the Beneficiary, promptly upon demand. such securi-
<br />ty imtrtllltltlfs en may be required by Beneficiary. in form and subs lance salisfoclory 10 Beneficiary, covering any of Ihe Property conveyed by
<br />this Deed of Trust, which secUfity instruments shall be addilionol securily for Truslor's faithful performance of all of the lerms, covenanls and
<br />conditions of this Deed of Trust, lhe promissory nales secured hereby, and any other securily Instrumenls execuled in connection with this tron,
<br />saction, Such instrurMllts sholl be recorded or filed 01 Trustor's expense,
<br />13. ..,1I.t-, .f s.cc.._ ,....". Beneficioty may. from lime to lime. by a writlen inslrumenl e.ecuted and ocknowledged by
<br />Beneficiary. mailed to Trustor and recorded in lhe county or counlies in which lhe Property is located and by olherwise complying wilh lhe provi,
<br />sions of tM applicable laws of the Slate of Nebraska. substitule a successor or successors 10 Ihe Truslee named herein or ocling hereunder,
<br />14. .....ct..... Beneficiary. or ils agents, represenlalives or workmen, ore oulhorized 10 enl,er 01 any reasonable lime upon or in any part
<br />of the Property for the purpose of inspecting the same and for lhe purpa" of perf i"!l ~', of the acts il is oulhroiled to perform under the
<br />terms of lhe Deed of Trust, \ ,'.J' -,
<br />15, Opt'- Ie ....... Upon tM occurrence of any default hereunder, Be iciory.sl1llU have the option 10 foreclose Ihis Deed of Trusl In
<br />the _ provided by law for lhe foreclosure of mortgages on real properly,
<br />16, "".._ ~ .....fldrr No'. ..ner. Any forebeoronce by Benelidarv. in exercising any righl or remedy hereunder, or otherwise
<br />afforded by applicable law. shall nol be 0 waiver of or preclude lhe e.ercise of any such righl or remedy, likewise. the waiver by Beneficiary of
<br />any default of Truslor under Ihis Deed of Trust shalt nol be deemed 10 be 0 waiver of any olher or similar defaults subsequenlly occurring,
<br />17, ,......... 1eIeeIelI. Extension of the lime for paymenl or modificalion or omortilolion of lhe sums secured by this Deed of Irust
<br />granted by Beneficiary 10 any successor in inleresl of Truslor sholl nol operole to release, in any manner, lhe Iiabilily of the original Trustor and
<br />Trustor's succ.ssor in interesl, 8eooficiary sholl nol be required 10 commence proceedings O\IOinsl such successor or refuse 10 e.lend time lor
<br />payment or olherwise modify _Ii,Olion of the sums secured by Ihis Deed of Trusl by reason of any demand mode by Ihe originnl Trustor and
<br />T,uslor's wccessor in Interest,
<br />lB, ........,.. '--s. Wilhoul offecling lhe Iiabilily of the Truslor or any other pe,son liable for Ihe paymenl of any obligation he,ein
<br />menlioned. and without affecting the lien or charge of Ihis Deed of Trusl upon any portion of lhe Properly nol then or Iherelofore released as
<br />MCurity for lhe full amount of all unpaid oIJIigolions, Beneficiary may, from lime to lime and wilhou. nolice. (i) release any person 50 Iiab~, Iii)
<br />..lend the maturily or oIter any of lhe lerms of any such obligolions. !Hit grant other indulgences. (iv) release or ,econvey, or couse 10 Il4'
<br />,eIeo,ed Ill' rtconv.yed at any lime 01 \leneficiory's options any parc.l. portton or 011 of th. Properly, (v I lake 0' re'ea~e any olher or addilional
<br />'<<Ufily for any otJIigotion herein mentioned, or (vi) make compo~ilions or 01 her arrangements w.lh deblor~ in relolion lherelo
<br />19 ..... ---... Upon r..-,t of Trustor, Trustee 01 Truslee's option. prio, 10 ,econveyunce of the Property to Truslo" mny mob
<br />fulur. odvoncet to Truslor, Such Mur. odvonctt. wilh inler.st Ihe,eon, shall be secured by this Trusl Deed when evidenced by promissory
<br />nol" slminO lhat soid nol'" or. secured hertby, provided lhol a' no time shall lhe secured p,incipol, lulu,e m!vances, not including sums od
<br />vanced to prottet the lecurily, eu..d on oogregal. principal amount of S
<br />
<br />10, .....,.._. ~ ',",",Upon written ,equelt 01 Benlllidory slating lhot 011 SU"'I lecured he,eby hove been paId and upon surtf'nder
<br />of lhis Deed of Trusl and lhe Nole 10 Truslee for cancellation and ,ellll1lion and upan paynlt'nl by trus'", 01 lrm'ee ,Iee\ lrmlee \11011
<br />rtconv.y 10 Truslor, or the person or IM'son! levally elltitled the,elo, wilhout wa,mn1v, any porflon 01 .he Properly then held I"o,eun,t,.. I;,e
<br />'tcilOh in luch rtca"v.yonc. of any maliI.''' 0' fIlCh lholl be conclusive 1"001 01 lhe Ituthlulne,s 'he,eo' Ihe grm.tee In nny 'eronvevnnre IlInv
<br />I>> dtKr~ 01 ",hit 1M'!fl/' or pers.ons lellDlly enfllltod lI...r.lo
<br />
|