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<br />88- 104253 <br /> <br />lawful money 01 Ihe Umted States al the time of sale. The person conducting the sale may. lor any cause he or she deems expedient, post. <br />pone the sale Irom time to time until It shall be completed and. '" eVEry such case, nolice 01 postponemenl shall be given by public declaratIon <br />thereol by such person at the lime and place last appointed lor the sale; provided, II the sale IS postponed for longer than one (1) day beyond <br />the day designated," the Notice of Sale, notice thereol shall be given in the same manner as the original Notice 01 sale, Trustee shall execute <br />and deliver to the purChaser ItS Deed conveying the property so sold, but without any covenant or warranty, express or implied. The reCitals <br />'" the Deed of any mailers or facts shall be conclusive proof of the truthfulness thereot, Any person, Including Without limitation, Beneliciary <br />or Trustee may purchase at the sale, SaId sale shall be conducted at the real estate forming a part of the Property or at the court house in <br />the county," whIch the Property to be sold, or some parI thereol, is situated. <br /> <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds at the sale to payments of the costs and expenses of <br />exercising the power 01 sale and of the sale. ,"cluding, without limitation, the payment of Trustee's fees incurred, whIch Trustee's fees shall <br />not," the aggregate exceed the sum of Five Hundred and nol100ths (5500.00) plus 1/2 of 1% of the amount secured hereby and remammg <br />unpaId and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order therein stated, <br /> <br />IC) Alter paymg the Items specllied m subparagraph Ib) at this parallraph FIFTH, if the sale IS bv Trustee. or the proper court and other costs <br />of foreclosure and safe II sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of: <br /> <br />(') Cost of any evidence 01 title procured In connection wllh such sale and of any revenue required to be paid; <br />(2) All sums then secured hereby, <br />(3) The remainder, If any, to the person or persons legally entitled thereto <br /> <br />Each of the parties to this Deed of Trust hereby requests thaI a copy at any Notice 01 Delault and a copy of any Notice of Sale PrOVIded for herem. <br />above bfl mailed to each such party at hiS post office address sel forth herein Upon the occurrence of any default hereunder, BenefiCiary shall <br />have Ihe option to loreclose thIS Deed at Trust In the manner prOVided by law lor the foreclosure of mortgages on real property <br /> <br />SIXTH: Truslor speCIfically agrees that (a) Trustor, at ItS expense, will execute and deliver to BenefiCIary, promptly upon requesL suCh <br />securrry;;;struments as may be reqUIred by BenefiCiary, In a lorm and substance satisfaclory to Beneficiary, covering any of the Property con- <br />veyed by thIS Deed of Trust whIch security Instruments shall be additional security for Trusto(s faithfut performance of all of the terms. covenants <br />and conditions of thIS Deed at Trust, the Note and mdebtedness secured hereby, and any other security mstruments executed In connection <br />With Ihe mdebledness secured by thiS Deed of Trust; and all such Instruments shall be filed and recorded at Trusto(s expense; (b) BenefiCiary <br />may, from time to time, by wnllen .nstrument 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 complymg with the prOVISions of the applicable laws of the State of Nebraska. SUfr <br />stltute a successor or successors to the Trustee named herem or acting hereunder; (C) although the Trustee. or his successor or successors. <br />may be an agent of. or attorney for. or otherwise connected WIth the BenefiCiary, such fact shall not be construed to dlsquallly him to ael as such <br />Trustee. 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 safe hereunder; <br />lei) that If It should be necessary or appropriate lor the protection of the security hereby conveyed or enforcement of the debt hereby secured. <br />for the Truslee or the Beneficiary to institute or become a party to any proceeding or suit In a court 01 bankruplcy or prObate or other courl of <br />general or limited Jurrsdiction. all expenses and costs properly mcurred by saId Truslee or said BenefiCiary (including reasonable allorneys' <br />fees) paid or incurred by said Trustee or BenefiCiary in maintaining. prosecuting or defending such proceeding or protecting their respective <br />righls hereunder shall be an additional debt secured by this Deed of Trust m like manner with the prinCIpal debt herein described; Ie) Benellciary, <br />or Its agents. representallves or workmen. are aulhorlzed to anter ar any reasonable time upon or In any part of Ihe Properly lor the purpose <br />oIlnspeclong the same and lor the purpose of performing any 0' the acls It is authOrized to perform under the terms of this Deed of Trust (I) any <br />forbearance by Beneficiary or Trustee in exerCIsing any right or remedy hereunder, or otherwise atlorded by applicable law. shall not be a <br />waiver 01 or preclude the exerCIse of any such right or remedy hereunder. SImilarly. the waiver by Beneloclary or Truslee ot any delault 01 Trustor <br />under Ihls Deed 01 Trusl shall not be deemed a waiver of any other or similar defaults SUbsequently occurring; fg) extension of the time lor pav- <br />ment or modification or amorlizatlon 0' the sums secured by this Deed of Trust granted by Beneficiary to any successor In inlerest of Trustor <br />shall not operale 10 release. In any manner the liability 01 the original Trustor and Trusto(s successor In InteresL Benellciary shall nol be required <br />to ct'mmence proceedings against such successor or refuse to extend the time 'or payment or otherwise modify amortization 01 Ihe sums and <br />Indebtedness secured by this Deed 01 Trust by reason of any demand made by the original Truslor and Trusto(s successors in inlerest Ihl with- <br />out alleclmg Ihe lIablllty of the Trustor or any other person liable for Ihe paymenl 01 the obligations and indebtedness secured by this Deed 01 <br />Trus~ and WIthout atlectlng Ihe lien or charge 01 this Deed 01 Trust upon any porllon of the Properly notlhen or theretofore released as security <br />forlhe full amounl 01 all unpaid obligations. Benellclary may, from Iome 10 time and without notlcelQ relaase any person so liable. (IQ extend the maturily <br />or alter any or the terms of any such Obligation. (Ill) granl other Indulgences, (Iv) relealle or reconvey, or cause to be released or reconveyed at <br />any time at Beneficiary's option any parce~ portion or all of the Properly. (v) lake or relealle any olher or additional security lor any obligation or <br />indebtedness herein menlloned, or (vij make composlllons or olher arrangements with debtors. In relation thereto; (i) in addition to the rights <br />"nd powers given 10 the Trustee and Beneliclary herein. the Benellclary shall have all such other rights both In law and equity lor collection 01 <br />Ihe indebtedness secured hereby as It would have but lor thIS Deed of Trust; ID all covenanls and agreemenls of Trustor set lorth in Ihis Deed of <br />Trust ahall be joint and IIeverat (klthls Deed of Trust shall be governed by the laws of the State of Nebraska; 10 in the event anyone or more ot <br />Ihe provi.lons contaIned in the Deed 01 TrusL or the Note or any other security Inslrument given in connection with the indebtedness hereby <br />secured shall lor any reason be held 10 be Invalid, Illegal or unenforceable In any respecL such Invalidity. illegality. or unenforceability shall at <br />Ihe option of lhe benefiCiary not allect :lIny other prOVIsion 01 the Deed 01 TruSL but this Deed of Trusl shall be construed as il such invalid, illegal <br />or unenforceable proviSion had neve' bean contained herein or thereon It the lIan of thll Deed ot Trust IS Invalid or unenforceable as to any part <br />olthe indebtedness hereby secured or eVidence by the NOle. or Illhe hen IS .nvalld or unenforceable as to any pari 01 the Property. the unsecured <br />or partially secured porlion 01 suCh rndebtedness shall be complelely paid prior 10 the payment of the remaining and secured or partially secured <br />porllon ot such Indebledness. and all payments made on suCh mdebt..dnesa. whether VOluntary or under loreclosure or other enforcement action <br />or procedure. shall be considered to have been firs. paid on and applied to the lull payment 01 thai pori Ion 01 such indebtedness which is not <br />secured or nol lully secured by the lien 01 the Deed of Trust; and 1m) The covenanls and agreements conlained in this Deed 01 Trusl shall bind, <br />and the benellts and advantages hereof shall inure to the respective heirs. executors. adminlstralors. successors and assigns 01 lhe parlles <br />hereto. Wherever used hereIn, the SIngular number shall Include the plural and conversely, and the use 01 any gender shall be applicable 10 all <br />genders. Wherever the terms "Beneficiary" IS used hereIn. It shall Include the legal holder or holders 01 the Nole or the indebtedness secured <br />hereby. <br /> <br />SEVENTH: Upon wrlllen request of Benellciary stating thaI all amounts and mdebledness sacured hereby have been paid, and upon <br />surrender 01 this Deed of Trusl and lhe Note 10 Trustee lor the cancellation and retention and upon payment by Trustor of Trustee's fees. Trustee <br />ahall reconvey 10 Truslor. or lhe person or persons legally entitled thereto, WIthout werranly, any portion or the Pre-perty Ihen held by Truslee <br />hereuncler, The recitals In such reconveyance 01 any mailers or facts shall be conclusive prool of Ihe truthfulness Ihereol The grantee of any <br />reconvflyal'lcll may be described a. "the person or persons legally entitled thereto," <br /> <br />.IiJSiI:fI/:L.. Trustor acknowledges thai hiS/her current financial position Is an important lac lor In Beneficiary's decision to advance the tunds <br />repraHnlad by tha alorementloned note. Trustor there lore has agreed, in order to prOVide assurance 10 Beneficiary wllh regard to Truslo(s <br />Ilnanclal poslUan. that II ahall be an event 01 defaull for Trustor to allow any lien or encumbrance other than this deed of trusta~ Ihe lien tor laxes which <br /> <br />SIll ..01 yet du.and PIIyableto kl4I placed on all or any PIIrt ollhe property described above and allo_d 10 remain a lien lor day(81 EXCEPT <br /> <br />alien Junior ancllnt.rlor to Ihls deed 01 trust mllY be plsced on all or a psrt 01 said properly In favor 01 none <br /> <br />In a prIncipal amount nollo exceed n"n~ IS none <br /> <br />10 be placed ol record no Ister thsn none t 9 <br /> <br />NINTH: Except lor any nollce.. demand.. req"e.ts 01 other communlcellons required under applicable Isw 10 be given In another manner <br />tNhe;;e;;fB'en.'JCI8ry. Trustor Of Tr~.tfte givOI or &eNeS .ny notice (Including. without limitAtion, "ollce at defAult and nollce 01 sale), demandS' <br />reQuel" Ot other commumclltlonl wllh r.apect to thiS Deed 01 TrUll f1ach suc.h nollCO, domand, r~QUDBt or ath'!t communication !!Ihall bfl In <br />..,.,fhng .lnd ''''all bfJ .,ffecltwtl onty I' Ih., ..me 10 delivered by (>tt,s.on8' servlC:O or mallod by cnr1'fted mllll DOlIlaOft pfepllld. folurn '!",(PIP' rl'QulfIlJlrd <br />.ddr.,aaed 10 t"f) .ddro.. of the P41r1y to whom m8Uttd It! 50t forth at 'h,.. t'nd ot fhn Dned 0' Tru'!' Any .,ntlv mRy AI I\n., l1m('l rhRno(~ 115 Addll'S!I <br />101 luch nCJtt<:e. by dlll'IVIIWlQ or m.,.mQ '0 the othe, PII,1'Ofl hmoto as pdorel!lllld, a nclhcf'> of \liUdl rhBnYfI A,,'t "olln-- hP'f1U1ldfJ' ~hAI1 tw l1t'fl'''''"(1 <br />10 "....0 h".n U'....:lin fO Tr",.lot 01 a.,.,WhCI.ry whltn UIV'Jn '" tho mil""'" dftl.gnlllod nFl,,,.n <br />