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88- 105051 II. ........ Upooo Dot.ll, ......, Wo. Upon def...lt by Truslor in tho paymenl of or performance o'the torms ond conditions 0' t'" Not.. or any _Is. modiflcollons or exlenslons thereof. or lho payment of ony othor Indebtedness secured hereby Dr In the performonce of any of tho conVlllCll1ts or ogreements hereunder. Beneficiary may declare all sums secured hereby Immedlotelr due and parable and the some sIloIl thereupon bIc:omto due and payable without presentment. demond. protest or nollce of onr kind. Thereolter. Beneficiary may dellyer 10 Trust.. a written declarolion of default and demand for sal.. Trusl.. shall have Ihe pawer of sale of the Property and If BeneflcllJl'll decldeslhe PnIportv Is to be sold it shall deposit wllh Trust.. this Deed of Trusl and the Note ar noles and any other documents evidencing e.pendltures IICUrtCI hereby. .... shall deliver to Trust.. a written notice of defaull and election to cause Ihe Property to be sold. and Truslee, In lum, sholl _. a similar notlc. in the farm required bV low which sholl be duty filed far record bV Trust... (a) Alter t'" lapse of such lime as mar be required bV law following lhe recordation of Notice of Defoull. and Notice of Default and Notice 0' Sole having""" given os required by law. Trust... wilhout demand on Truslor, shall selllhe Property In one or more parcels and In such order a! Trustor may detorm... on the doleand at Ihe time and place deslgnoted In sold Nollee 01 Sole. at public aucllon to the hlghesl bidder. lhe pur. chase price payable In cash in lawlul money a' the Uniled Slates 01 the lime of sole. The person conducting lhe sale may. 'or any couse he or she deems expedienl. pastpone the sole from time to lime until it sholl be compleled and. In every such case. notice of postpanement shall be given bV public declaration lhereof by such person at the time and place last appalnted lar the sale, provided, If the sale Is postponed for longer than one (1) cloy beyond the doV designoted in the Notice of Sole. notice therelll sholl be given in the same manne. as the original Notice of Sole. Trustee sholl execute and deliver '0 the purchaser its Deed conveying .he Property so sold, but without any convenant or warranty, express, or implied. The recilols in the Deed of any matters or focls sholl be conclusive proof 01 the truthfulne.. thereol. Any person. including without limitation Trustee. may purchase at the sole. (b). When Trustee sells pursuant to the powen herein, Trustee shall apply the proceeds af the sale to payment of the costs and expenses of exercising the power of sole and of the sole, Including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the omount secured hereby ond remaining unpaid: 5 percentum on the balonce thereof; and then to the Items set forth In subporograph fc) hereof in the order therein stated. (c) Alter paying the Items specified In subparagraph (bl. If the sole is by Trustee. Dr the proper court and other cost, 01 foreclosure and sale if the sale is pursuant to judicio I foreclosure, lhe proceeds of sole sholl be applied in the order stoted below to the payment ofl (I J Cost of any e'/idence of title procured in connection with such sole and of any revenue required to be paid: (21 AIlorneys lees, (31 All sums then secured hereby, (4) Jtmior trust deeds, mortgages, or other lienholders; and (51 tho remainder, il any, to the person or persons legolly entitled thereto. (d) If the Beneficlcry of this Deed of Trust is 0 bank os defined by Nebraska low, any statement contained in any other section of this deed notwithstanding, the Benef,tiary shall not be entilled 10 receive or lake and debtor sholl not be obligated to payor give, any confe..lon of judg. ment, power of attorney to confess judgment, power of attorney to appear for 0 borrower in 0 judicial proceeding Dr ogreement to pay the costs of collection of the attorneys' fees, unless such octs of collection would not otherwise be prohibited by Nebraska law. Provided, however, that this section does not apply to the Trustee fee referred to in paragraph 6 (b). Provided further, that this paragraph sholl not apply to Ihis Deed of Trust. II the Beneficiary Is nor a bank. 12. ........ Security Iatruntetd.. Trustor. at its expense, will execute and deliver to the Beneficiary, promptly upon demond, such securi- ty Instruments as may be required by Beneficiary, In form and substance satlsfocfory to Beneficiary, covering ony of the Property conveyed by Chis Deed of Trust, which security instruments sholl be additional security for Trustor's faithful performance Df all of the terms, covenants and conditions of this Deed of Trust, the promissory notes secured hereby. 000 any other security instruments ellecuted in connection with this tran- saction. Such instruments shall be recorded or filed at Trustor's expense. 13. Appollrt-.nt If Secullor T".'H. Beneficiary may, from time to time, by a written Instrument executed and ocknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located ond by otherwise complying with the prDvi- sions of the applicable laws of the State of Nebraska, substitute 0 successor or successors to the Trustee nomed herein or acting hereunder. 14. ....,.ctInI. Beneficiary, or its agents, representatives Dr wDrkmen, ore authorized to enter at any reasonable time upon or in any port of the Property for the purpose of inspecting the some and for the purpose of performing any of the acls it is authraized to perform under the terms 01 lhe Deed of Trust. 15. Option 10 hr.do... Upon the occurrence of any default hereunder, Beneficiory sholl have the option to foreclose this Deed of Trust in the manner provided by low for the foreclosure of mortgages on reol property. 16. .........1Iy "Mile'" NoI. Walllr. Any forebeorance by 8~neficiory in exercising ony right or remedy hereunder, or otherwise afforded by applicable law, sholl not be 0 waiver of or preclude the exercise of any such right or remedy. likewise. thl' waiver by Beneficiary of uny default of Trustor under this Deed Df Trust sholl not be deemed to be 0 waiver of any ather or similar defoults subsequently occurring. 17 _ ,....... lilt, .......tI. Extension of the time for payment or modification or amortizotion of the sums secured by this Deed of Trust grunted by Beneficiary to any successor in interest of Trustor shall not operate to release, in ony manner, the liability of the original Trustor ond Trustor's successor in interest. BenefICiary sholl not be required to commence proceedings agoinst such successor ar refuse to extend time for payment or otherwise modify amortization of the sums secured b)' this Deed of Trust by reason of on)' demand mode by the original Truslor and Trustor's SUCCISSor in interest. 1 B. 1tMfhIwr', Pe".,.. Without affecting the liability of the Tru!>tor or an)' other person liable for the payment of onv obligation herein mentioned. 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 for the full amount 0' all unpaid obHgotions, Beneficiary may, from time to time and without naHce. Iii releose any person so liable, (iil e.'end tM mattJ'ity or alter dny of the terms of any such obligation!>, (iii) grant other indulgences, (iv) release or reconvey, or couse to be released or reconv..,ed at any time at Beneficiary's options any porcel, portion or 011 of the Property, (v) toke or release any other or additionol security 'arony obligation herein mentioned, or ('Ii) make compositions or other arrangements with debtors in relation thereto. .19. ...... an.cu. Upon request of Trustor, Trustee at Tru5tee's option, prior to reconveyance of the Property 10 Trustor, mov make future odvonclS to Trustor. Such futW"1I advances, with interest thereon, sholl be secured bv this Trust Deed when evidenced by promissory notel stating that said notIS.... secured hereby; provided that at no time shalt the secured principal. future advances. nol including sums ad- vanced to protect the security, exceed an aggregate principal amount of 50. 20. .Iaanr-a'" ""'H. Upon written request of Beneficiary staling thot 011 sums secured hereby have been paid. and upon ')urrender of this Deed of Trust and the Note to Trustee for concellation and retenlion and upon payment by Trustor or lrustee's fee'), Trustee sholl reconvey to Trustor. or the person or penonslttgOlly entitled thereto. without wDrranty. Dny portion of the Property then held hereunder The recitals in such rlKonveyonce of ony matler, or focts shall M conclusive proof or the truthfulne\s thereof The grontee in OilY reconveyance rnnv be MKribed as "the penon or persons legally ,"tined thereto"