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<br />88- 10509B
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<br />11, ___ ..... DohoII, ~I' SIlo. Upon delaull b~ Tru.tor In the paymenl of or performance olthelefm. oml condlllon. of
<br />the Nole. or '"'~ renewals, modificollons Dr e.len.lon..lhereof, or tho payment 01 ony other Indebledne.. .ecuredl1ereby or In Ihe perfDImonce
<br />of ,",y 01 the C'"'......ls or ovreemenls herllllOder, BenefICiary may de<lore 011 .ums secured hereby Immedlotely due oml payoble ond Ihe .ome
<br />sholl therellpan become due ond poyoble without presentmenl, demond, prolesl or nolln 01 ony kind, Thereolter, Benefielory moy deliver to
<br />Trusl.. 0 Mill," dtclorollon of default and demond for ",Ie, Trustee sholl hovelhe power 01 ",Ie of the Property ~nd if Benellclory decides the
<br />Properly is 10 be sold II sholl deposit with Trust.. Ihis Deed of Trusl ond tha Nole or nole. ond on~ other documents evidencing a.penditures
<br />SICUI1Id hereby, ond ,holl deliver 10 Trusl.. 0 wrillen nollce of delault ond eleclion to cou,e the Properl~ to be ,old, ond Tru,'ee, In turn, ,holl
<br />propore 0 similar nolice in lhe lorm required by low which ,holl ba duly filed for record by Tru'tea.
<br />(01 Alter.he Iop,e 01 ,uch lime 0' moy be required by low following the recordation of Notice of Daloult, ond Nollee of Dafault ond Nolin of
<br />Sole having been given 0' required by low. Tru,I.., without demand an Tru,Ior, sholl ,ell Iha Properly In ona or mora porcels and In ,uch order
<br />... Tru,I... may determine <lO the dole ond ollhellme ond place desigaoled In soid Notice 0' Sole, 01 public ouclion 10 Iha hlghesl bidder, Ihe pur-
<br />chose prlcepayobleln co,h in low/ul money 01 the Uniled Slote' ot the lime 01 sole. Tha person conducting the ,ola moy, for ony couse heor she
<br />deem, ..pedienl, paslpane the ,ole from lime 10 lima unlllll sholl be compleled ond, in every ,uch co'e, nollce of po'tpanemant ,holl be given
<br />by publle dtclorolion lhereof by ,uch person 01 Ihe lime ond ploce lo,t oppoinled for Ihe ,ole, provided, if Ihe ,ole I, po'lponed for lonll"r Ihon
<br />one (11 day beyond lhe cloy de,igaoled in the Nollce of Sole, nollce thereol sholl ha given in lhe some monner 0' Ihe originol Nolice of Sole,
<br />Trustl. sholl execute and deliver to the purchaser Its Deed conveying the Property so sold. but without any conveno"' or warranty, express, or
<br />Implied, The recilols in Ihe Daed of ooy moilers or focts sholl ha conclu,lve proal of Ihe truthfulne.. Ihereof, Any person, Including without
<br />Iimltolion Truslee, moy purcho,e ollho ,ola.
<br />(bl. Whon Tru,lee sells pursuonllo the pawers herein, Trustee ,holl opply Ihe proceed, of Ihe ,ole 10 poymant of Ihe cosl' ond a'pen,a, of
<br />e.ercising lhe power of .ole ond of Ihe sole, ineluding, withoutlimitolion, Ihe poyment 0' Trustae's Fee, incurred, which Trustae's Fee, sholl nol
<br />In the aggregote e",oed tha following omounts bosed upon Iha omount ,ecured hereb~ ond remoining unpaid,S percentum on Ihe bolonca
<br />lhereof, ond then to Ihe ilems ,et lorth in subporogroph (cJ hereof in Ihe order therein ,toted.
<br />(c) Alter paying Ihe ilem. specified in subparogroph (b), illhe ,ole i. by Trustee, or tha proper court ond other cosls of foreclosure ond sole
<br />if the 50le is plR"suont to judiciol foreclosure. the proceeds of sole sholl be applied in the order stated below to the payment of:
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<br />(1) Cost of any evidence of tiUe procured in connection with such sole and of any revenue required to be paid;
<br />(21 A"ome~s fees,
<br />131 All sums then secured hereb~,
<br />(4) Junior trust deeds, mortgages, ar other lienholders; and
<br />(5) The remoinder, if ony, 10 Ihe person or persons legolly entitled theralo,
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<br />(d) If the Beneficiary of this Deed of Trust is a bank os defined by Nebraska law, any statement contained in any other section of this deed
<br />notwithstanding, the Beneficiary shall not be entitled to receive or toke and debtor shall not be obligated to payor give; any confession of judg-
<br />ment. power of attorney to confess judgment. power of attorney to 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 not otherwise be prohibited by Nebraska low. Provided. however, that
<br />Ihis ,ection doe, nol opply 10 Ihe Trustee fee referred 10 in parograph 6 Ib). Provided further, thot thi, porogroph sholl not opply 10 Ihi, Deed of
<br />Trusl, If lhe Beneficiary is nol 0 bonk,
<br />12. AtkItlonol 5ecwIly "'If_I. Tru,lor, 01 it, ..pense, will ..ecute ond deliver to the Beneficiory, promptly upan demond, such securi-
<br />ty in'lnnnents os may be required by Beneficiary, in form ond sub,lonee ,olisfoctory t. Beneficlory, covering ony of tha Property conveyed by
<br />Ihi, Daed of Trust, which security in,trument, sholl be odditlonol security for Trustor's foithful performonce 01 011 of the terms, covenonts ond
<br />conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this tran-
<br />saction. Such instruments sholl be recorded or filed at Trustor's expense.
<br />13. Appalnt1llent of Sute....r Trudo, Beneficiary moy, from time to time. by 0 written instrument executed Dnd 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 a successor or successors to the Trustee named herein or octing hereunder.
<br />14. .....dioltl. Beneficiary. or its ogents. representatives or workmen, ore authorized to enter at any reasonable time upon or in any port
<br />of the Property for the purpose of inspecting the some and for the purpose of performing any of the aels it is outhroized to perform under the
<br />terms of Ihe O..d of Trust,
<br />15. 0ptIeII t. hndo..~ Upon the occurrence of any default hereunder, Beneficiary sholl hove the option to foreclose this Deed of Trust in
<br />the manner provided by law for the foreclosure of mortgages on real property.
<br />16. ~., .....flcilry Not. WIIIVIf, Any forebeoronce by Beneficiary in e:llercising any right or remedy hereunder, or otherwise
<br />afforded by applicable low. sholl not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the waiver by Beneficiary of
<br />any default of Trustor under this Deed of Trust sholl not be deemed 10 be 0 waiver of any other or similar defaults subsequently occurring.
<br />17. TrvdOr Not ....n... 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 Trustor and
<br />Trustor's succeuor in interest. Beneficiary sholl not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by Ihis Deed of Trust by reason of any demand mode by the original Trustor and
<br />Trustor's successor in interest.
<br />18. 1IMRcIwy'. Po..,.. Without affecting the Iiobility of the Trustor or any other person Iioble for lhe payment of any obligation herein
<br />mentioned. and without affecting the lien or churge of this Deed of Trust upon any portion of the Property not then or theretofore released 05
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without nolice, (i) release any person 50 liable, (ii,
<br />eJ{,.nd the maturity or alter any of the terms of any such obligations, liii) gran' other indulgences, (iv' release or reconvey, or couse to be
<br />released or reconveyed at any time at Beneficiary's options any parcel, portion or 011 of the Property, Iv) roke or release any o1her or odditionol
<br />sec....ity for any obligotionherein mentioned, or (vi) make compositions or other arrangements with d~btors in relation thereto.
<br />19. htwa u..c... Upon request of Trustor. Trustee at Trustee's option, prior to reconveyance of the Property to Trustor, may make
<br />fuh..... advances to Trustor. Such future advances, with interest thereon, sholl be secured by this Trust Deed when evidenced by promissory
<br />notn staling that wid notes ore secured hereby: provided that at no time sholl the secured principal, future advances, not including sums nd.
<br />vanced to protect 1M sl!(urity. elceed on aggregate principal amount of S_ .
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<br />20. ........,-ee., 'nstH. Upon wrilten request of Beneficiary stating that 011 sums secured hereby hove been paid. nnd upon surrender
<br />01 tl,is DMd of Trust and the No'. 10 lrustH for cancellation and retention and upon payment by Trustor of Trustee.s fees. Trus'ee sholl
<br />r!Conv., to Truslor, or IhP person or persons legally entilltd thereto, without worronty, any portjon of the Property then held hereunder - The
<br />recital, in such rKonv.yonce A. any molten or tocts moll bu conclusivl!! proof of the truthfulnen thereof The grantee in oily reconveyance InflY
<br />be dewibed as "the person or penons legally entitled 'hereto'.
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