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<br />88-10G052
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<br />11. ............. ..... DoWt, ......., Wo. Upon deloult by Truslor In lhe poym.nt alar performonc. of tho torml and conditions of
<br />the NoI., or ony r""""ls, modilk:ollons or ..tonslons lhereol, or lhe payment 01 any other Indebtedno.. socurodhoreby or In tho perlormonce.
<br />.1 any 01 the convononls or ogrHmtnts hereunder, Benellclary mar do<:lor. 011 sums sec....d horeby Immedlololy duo and poyoblo and Ihe lame
<br />sholl themJpon become due and payable wilhout presenlmonl, domond, prolost or nollCD 01 any kind, Thoroo"or, Benollclory may d.llyor 10
<br />Trust" a written cleclaration of dolault and demond for solo. Trusl.. sholl hayO tho power 01 solo 01 tho Proporty and II Bonollclary.docldos tho
<br />Property Is to be saki II shall deposll with Trust.. Ihis Deed of Trusl and the Nolo or notes and any olher documenll ..Idenclng o.pendltur..
<br />see...ed hereby, and shall dellyor to Trust.. a written nalice 01 dofoull and elecllon 10 causo tho Property to be sold, and Trultee, in lurn, shall
<br />prepare a similar nollcoln the lorm required by law which shall be duly fllod lor record by Trustoo.
<br />Co, All" lhe lapse 0' such time as mar be required by low lallowing lhe recordallon 01 Nollce of Deloult, and Nollco 01 Deloult and Notice of
<br />Sale having been given as required by law, Trustoo, wilhaut demand on Trustor, shall sell tho Properly In one or more pMcels and In such order
<br />as Truslor IIlCI'f delermlne on the date and 01 tho lime and plat. deslgnoled In said Notice 01 Sale, at public ouctlon to Ihe highest biddor, the pur-
<br />chase pric. poyabloln cosh In lawful monoy ollhe United States at tho time of solo. Tho person conducting the sol. may, lor any cause he or she
<br />deoms ..pedlent, poslpone the solo Irom time 10 limo until It sholl be compleled and, in eyery IUch case, notice of poslponement sholl be giyen
<br />by public declaralion thereal by such person at Ihe lime and placelosl oppoinled for th. sole, proyidod, if tho sole is poslponed lor longer Ihon
<br />one (1) day beyond the day dosignated In Ihe Notice 01 Salo, notice thoreal shall bo giyen in the some monnor os the original Notice of Sale.
<br />Trust.. shollexKu'e and deliver to the purchaser its Deed conveying the Property 50 sold. but without any coovenant or warranty. eMpress, or
<br />Implied. The recitoll in the Deed of any molters or facts lhall be concluliye proal of Ihe Iruthlulnoss thereol. Any person, including without
<br />IImilolion Trust.o, may p...chase 01 the solo.
<br />(b). When Trust.. solis pursuont to lhe powers he...in, Trullee sholl apply tho proceedl 01 tho sole to poymont 01 tho cosls and e.ponses of
<br />exercising .he power of sole and of the sole. Including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees sholl not
<br />in the aggregate eKceed the following amounts based upon the amount secured hereby and remaining unpaid I 5 percentum on the balance
<br />thereof; and then to the items set forth in subparagraph Ie) hereof in the order therein stated.
<br />(c) After paying the items specified in subparagroph (b), if the sole is by Trustee, or the proper court and other costs of foreclosure and sole
<br />if the sole is pursuant to judicial foreclosure, the proceeds of sole sholl be applied in the order stated below to the poyment ofl
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<br />(1) Cost of ony evidence of title procured in connection with such sole and of any revenue required '0 be paid.
<br />{21 Allomeys 'ees,
<br />{3} All sums then secured herebYI
<br />(4} Junior lrust deeds, morlgogos, or olher lienholders, and
<br />(5) The remainder, If any, 10 'he person or persons legally entitled thereto.
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<br />(d) If Ihe Beneficiory of this Deed of Trust Is 0 bank os defined by Nebraska low, any statement contained in ony other section of this deed
<br />notwithstanding, the Beneficiary sholl not be entitled to receive or toke and debtor sholl not be obligated to payor give; any confession of judg.
<br />ment, power of attorm~y to confess judgment, power of ottorney to appear for 0 borrower in 0 judicial proceeding or agreement to pay the costs
<br />of collection of the attorneys' fees, unless such octs of collection would naf otherwise be prohibited by Nebraska low. Provided, however, that
<br />this seclion do.s not apply to fhe Trultoel.e r.rerred to in paragraph 6 Ibl. Proyid.d further, that this paragraph sholl not apply to this Deed of
<br />Trust, II the Beneficiary Is not 0 bank.
<br />12. A......... Slicurlty In.tnlMnll. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demond. such securi-
<br />ty instruments as may be required by Beneficiary, In form and substance satisfactory to Beneficiary, covering any of the Property conveyed by
<br />this Deed of Trust, which security Instruments sholl be additional security for Trustor's faithful performance of all of the terms, covenants and
<br />conditions of this Deed of Trust, the promissory notes secured hereby, ond any other security Instruments executed in connection with this tran.
<br />sactlon. Such instruments sholl be recorded or filed at Trustor's expense.
<br />13. Appoinhnen. .. Su"....r 'rult... Beneficiary may, from time to time, by 0 written instrument executed and acknowledged by
<br />Beneficiary I moiled to Trustor and recorded in the coun'y or counties in which the Property is located and by otherwise complying with the provi.
<br />sions of the applicable lows of the State of Nebraska, substitute a successor Dr successors to the,Truste~ nom~d herein or acting hereunder.
<br />14. In.pectlon.. Beneficiary, or its agents, representatives or workmen, ore outh'orized fo eiller ot any reasonable time upon or in any port
<br />of the PropMy for the purpose of inspecting the some and for the purpose of performing any of the octs it is authroized to perform under the
<br />terms or the Deed 01 Trult.
<br />15. Oft.... to Foredon. Upon the occurrence of any default hereunder, Beneficiary sholl hove the option to foreclose this Deed of Trust in
<br />the manner provided by low for the foreclosure of mortgages on real property.
<br />16. ",....,C11 tar IIn.flcklry Not a Wolwe,. Any forebeoronce by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable low, sholl not be 0 waiver of or preclude the exercise of any such right or remedy. likewise, the waiver by Beneficiary of
<br />any default of Trustor under 'his Deed of Trus' sholl no' be deemed to be 0 woiver of ony other or similar defaults subsequently occurring.
<br />17. 'mt., No. ..I....d. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor sholl not operate to release, in any manner, the liability of the original Trus'or and
<br />Trustor's successor in interest. Beneficiary sholl not be required to commence proceedings against such successor or rerme to extend time for
<br />payment or otherwise modify amortizotion of the sums secured by this Deed of Trust by reosoo of any demond mode by the original Trustor and
<br />Trustor's successor in interest.
<br />1 B. "Mfldwy'. 'IWtrl. Without affecting the liability of the Trustor or any other person liable for the paymen' of any obligation herein
<br />mentioned. and without affecting the lien or chorge of this Deed of Trust upon any portion of the Property not then or theretofore released os
<br />security for the full amount of till unpaid obligations, Beneficiary may, from time to time and without notice. (i) release any person 50 liable, (ii)
<br />extend the maturity or alter any of the terms of any such obligations, (Iii) grant other indulgences, (iv) releose or reconvey, or couse to be
<br />released or recanvuyed at Dny time ot Beneficiary's options Dny parcel. portion or 011 of the Property, (v) toke or release any other or additional
<br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />19. ht.... an.-... Upon request of Trus'or, Trustee at Trustee's option, prior to reconveyonce of the Property to Trustor, moy make
<br />future advances to Trustor. Such future advances, with interest thereon, sholl be secured by this Trust Deed when evidenced by promissory
<br />notes stating that said notes ore secured hereby; provided that at no time sholl ,he secured principal. future advances. no' including sums ad.
<br />vonced 10 protect the security, exceed on aggregate principal amount of S_~__ ____ ___
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<br />20. lea.",....., '...If... Upon writlen request of Beneficiary staling that 011 sums secured hereby hove been paid. and upon surrender
<br />of I.his Deed of Trust and the Nole to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall
<br />reconvey to Truslor. or the person or persons legally entitled thereto, without warronty, any portion of 'he Properly then held hereunder. The
<br />recitals in such reconveyance of any malters or facts sholl be conclusive proof of the ttuthfulness 'hereof. The grantre in any reconveyance may
<br />be described os "the person or persons legally entitled thereto".
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