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<br />88- 105052
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<br />11. _ !lpooo Doholt, -...., Solo. Upon delault by TMtor in tho paym.nt 01 or performonc. 01 the t.rms ond conditions 01
<br />tho Not.. or ony .......11. modiflCotiont or ..tensiont lher..,. or tho payment 01 ony olher Ind.bted.... seclnd her.by or in tho performonc.
<br />olony 01 lho conv...." 01' ogr.....ntt hereunder. Ilonollclory may decl..... 011 ....s secured her.by immodlotoly due ond poyobl. ond tho some
<br />sholl ~ become due ond poyobl. without prosonlmenl. d....nd. prot.st or nolice 01 ony kind. Thor.olt.r. Ben.f1clory moy d.llver 10
<br />TMt.. n written declarullon 01 d.Ioolt ond d.mond lor sol.. Trust.. sholl hove tho power 01 sol. of 'h. Property ond If Ben.f1c1ory decid.s th.
<br />Properly it tn be sold It shell deposit with Tru.... this Deed of Trusl ond lho NoI. or notes ond ony oth.r documints evidencing ..pendllur.s
<br />setured hereby. ond sholl d.nv.r to Trust.. 0 written notic. of d.laull ond .Iecllon 10 couse the Prop.rty to be sold. ond Trustee. In turn. sholl
<br />prepore a similar notice In the lorm required by low which .holl be duly filed for record by Tru.tee.
<br />(0) Aller the lop.e of .uch time n. may be required by low following the recordation of Notice 01 Delault. ond Notice 01 Deloull and Notice of
<br />Sol. having been given os required by law. Trustee, without demand on Trustor. shall soli the Property in one or more parcels and in such order
<br />OS TMtOl' may delermlne on the dote ond ot the time ond ploco de.lgnated in .oid Notice 01 Sole. ot public ouctlon to the hlghe.t bidder, the pur.
<br />chose price payable in co.h in lawful money of Ihe United Stale. at the time of sale. The person conducting lhe .ale moy. for any cou.e he or she
<br />deem. expedienl. po..pone the .ale lrom time to time until It .holl be completed and, in every .uch ca.e, notice 01 po.tponement .holl be given
<br />by public doclarotion thereol by such person ot the time ond plocelost oppointed for the .ole, provided, il the sole Is postponed lor longer than
<br />one (1) day beyond the day de.ignated in the Notice 01 Sole. natice thereol .hall be given in the .ame manner a. the original Notice 01 Sale.
<br />Trust" shan exec:ute and deliver to the purchaser its Deed conveying the Property so sold. but without any convenont or warranty. express. Dr
<br />implied. The recitals in the Deed of any maners or focis sholl be conclusivB proof of the truthfulness thereof. Any person. including without
<br />limitatilY.1 Trustee, may purchase at the sale.
<br />(bl. When Trustee sells pur.uont to the power. he...in. Trustee sholl opply the proceed. 01 the .ole to payment 01 the co.t. and expen.es 01
<br />exercising the power of ,ale 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 followiny amounts based upon the amount secured hereby and remaining unpaid, 5 percentum on the balance
<br />thereol, and then to the item. .et forth In .ubporogroph lc' hereol in the order therein ,'aled.
<br />(c) After paying the items specified in subparagraph (b~, if the sole is by Trustee, or the proper court and other costs of foreclosure and sole
<br />if the sole is pursuont to iudiciol foreclosure, the proceeds. of sole shall be applied in the ordl"r stoted below to the payment of:
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<br />(1) Cost of any evidence of title procured in connection with such sole and of any revenue required to be paid;
<br />(2) Altomey. lees,
<br />(3) AII.oms then .ee...ed hereby,
<br />(4) Junior trust deeds, mortgages, or other lienholders: and
<br />(51 The remainder, if any, to the person Dr persons legally entitled thereto.
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<br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Nebrosko low, any statement contained in any other section of this deed
<br />notwithstanding, the Beneficiary sholl nDt be entitled to receive or toke ond debtor sholl not be obligated to payor give: any confession of judg-
<br />ment, power of aHorney to confess judgment, power of ottorney to appear for 0 borrower in a iudicial proceeding or agreement to pay the costs
<br />of collection of the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, Provided, however, that
<br />this seetion does nol opply to the Trustee lee relerred to in poragroph 6 (b). Provided further. Iholthis paragraph sholl not apply to this Deed of
<br />Trust. If the BenefICiary is nat 0 bonk.
<br />12. AHIIoMI Sonrity IIIIfn111en1.. Trustor, alils e.pense, will e.eeute ond deliver 10 the Beneliciory. promptly upon demond, such securl.
<br />ty inslrument. o. may be required by BenefICiary. In lorm ond subslonee satisloctory to Beneficiary. covering any 01 the Property conveyed by
<br />this Deed of Trust, which security instruments sholl be additional security for Trustor's faithful performance of 011 of the terms, CDvenants and
<br />conditions of this Dad of Trust, the promissDry notes secured Mreby, and any other security instruments executed in connection with this tran-
<br />soction, Such instruments sholl be recorded Dr filed at Trustor's expense,
<br />13. Appainblnt of s.ec."Dr 'ralf... Beneficiary moy, from time to time, by 0 written instrument executed and acknowledged by
<br />Beneficiary, moiled to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provi.
<br />sions of the applicable laws of the State of Nebraska, substitute 0 successor Of successors to the Trustee named herein or acting hereunder.
<br />14. Inlpltdionl. Beneficiary, Dr its agents, representatives or workmen, ore authorized to enter at Dny reasonable time upon or in any part
<br />of the Property for the purpose of inspecting the some and for the pU1pose of performing any of the acts it is au.hrDized to perform under the
<br />tenns 01 lhe Deed 01 Trust.
<br />15. Opts.. I. hNdell. Upon the occurrence of any default hereunder, Beneficiary sholl hove the option to foreclose this D!ed of Trust in
<br />the manner prDvided by law for the foreclosure of mortgages on real property.
<br />16. r.retMw.ce., hnliJci.y NoI . ..Ylr. Any forebeorance by Beneficiory in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, sholl not be 0 waiver of or preclude the exercise of any such right or remedy, likewise. the waiver by Beneficiory of
<br />any default of Trustor l.mder this Deed of Trust sholl not be deemed to be 0 waiver of any Dther or similar defoults subsequently occurring.
<br />17. lnntor..., ......... Extension of the time for payment or modification or amDrtizotiDn of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor sholl not operate to rel~se, in any monner, the liability of the original Trustor and
<br />Trustor's successor in interest. BenefICiary sholl not be required to CDmmence proceedings oguinst such successor or refuse to extend time fDr
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trus' by reason of any demand mDde by the original Trus'or and
<br />TM'CW'S 5\Kte5S;:in interest',
<br />18. _lIcley:O "'..... Wilhoot ofleering the liability 01 the Trustor Dr Dny other person Iioble for the poyment 01 ony obligotion herein
<br />mentioned. and without Dffecting the lien or charge of this Deed of Trust upon Dny portion of the Property not then or theretofore released os
<br />security 'or the full amount of.all unpaid obligations, Beneficiary may, from time tD time and without notice. (i) release any person 50 liable, (ii'
<br />extend the maturity or olter any of thl> terms Df Dny such obligations, (iii) gronl Dther indulgences, (iv) releose or reconvey, or couse to be
<br />releo~ or reconvsyed ot any. time at Beneficiary's optiDns any parcel, portion or all Df the Property, (v) toke or releose ony other or additional
<br />s~urity for any obIigotion hMwin mentioned, or tvi) make compositions or other arrangements with debtors in relation therelD.
<br />19. ,........... Upon request of Trustor, Trustee at Trustee.s option, priDr'D reconveyance of the Property to Trustor, may make
<br />future odYOntes to Trustor. Such future'odvom;es, with interest .hereon, sholl be sl!(ured by this Trust Deed 'Nhen evidenced by promissory
<br />nOtes stating that"said notes are secured hereby; provided tho1 01 no time shall the secured principal, future advances, not including sums od-
<br />voMed to protect the sea.rity, exceed on aggregate principal omount of S._
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<br />20. han.,... ~ lrwl'ft. Upon written request of Beneficiary slating thai all sums secured hereby have been paid, 000 upon surrender
<br />of this l>eed of Trust and the Note to TrustN 'or cancellation and retention and upon paymenl by Trustor of Trustee's (ees. Trustee sholl
<br />reconvey to lrustor, or the person or persons legally et'1titl~ thereto, without warranty, Dny portion of thl! Property then held hereunder the
<br />fe,thals in Suth reconnyonce of ony matters or facts shall be conclusive proof a. Jhe ffuthfulnen 'hereof The gran1ee in any r{>("onveyon[p may
<br />beo described os .'the person or persons '-oolly rnHfIed lherelo"
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