|
<br />88- 1105099
<br />
<br />11. .......... u,.. Det.lt/....../ Sole. Upon delault br T.u"or In lhe payment 01 or porlormonc:o of lhe torms and conditions 01
<br />the Nole, or any renewo1., rnodlllcatlons or extensions thereof, or lhe paymenl of anr other Indebtedness securedl1ereby or In tho ~erfol'monco
<br />01 any 01 the convenanls or agreemenls hereunder, Benelk:iary may declare all sums secured hereby Immediolelr duo and parable and the same
<br />shall',*- become due and payable without presen1ment, demond. prolest or notice of anr kind. Theroofler, Beneficiary may deliver to
<br />lMt.. 0 Millen declaration of delaull and demand for sale. TIlIsteo sholl hove the pawer of sale of Ihe Properly and If BeneficillQ' decides Ihe
<br />Prap.ty Is to be sold it sholl deposit wilh 1Mteo this Deed 01 TMt and lhe Nole or notes and anr other documents eYldenc:lng expondilures
<br />secured hereIIy, and sholl dellyer to 1Mteo a written notice 01 default and elet1ion to cause the Properly 10 be sold, and Trustee, In turn, sholl
<br />"'--" 0 similar nollce in the lonm required br law which sholl be duly flied for rocond by Trustee.
<br />(01 After lhe lapse 01 such lime os may be required by law fallowing the recordation of Nollce of Default, and NOllce of Default and Malice of
<br />Sole having been giyen as required by law, TIVStee, wilhout demand on TIlISlor, sholl sell the Praporlr in one or more parcels ond in such order
<br />as TMtor may determine... the dale and 01 the .ime and place designated in said Notice of Sale, at public ooction 10 Ihe highest bidder, the pur'
<br />chase priceporable in cash in lawful money of the Uniled States otlhe time of sale. The person conducting the sole may, for any couse he or she
<br />deems ..podient, pastpone lhe sale from time to time until it sholl be completed and, in eyerr such case, notice 01 postpanemenl sholl be giyen
<br />br public declaration theroof br such person at the time and place losl appointed lor lhe sale, proylded, If Ihe sole is poslpaned for longer Ihon
<br />one III day beyond the day designated in Ihe Notice of Sale, notice lhereof sholl be giyen in the some manner oslhe originol Notice or Sale.
<br />Trustee shall execute and deliVEr to the plft"Chaser its Deed conveying the Property so sold, but without ony coovenant or warranty, express, Dr
<br />implied. The recitals in the Deed of any matters or foets shall be conclusive proof of the truthfulness thereof. Any person. including without
<br />limitation TIlIslee. may purchase ollhe sole.
<br />(b'. When Trustee sells. pursuant to the powers heri.1in, Trustee shall apply the proceeds of the sale to payment of the costs and expenses of
<br />exercising lhe power of !iole and of the sole, including. without limitation, the payment of Trustee's Fees incurr.ed. which Trustee's Fees sholl not
<br />in the oggregote exceed the following amounts bused upon the amount secured hereby ond remaining unpaid; 5 percentum on the balance
<br />thereof, and then to Ihe items set forth in subparagraph (c) heroof in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b', if the sole is by Trustee, or the proper court and other costs of foreclDsure and sale
<br />if the sole is pursuant to judicial foreclosure, the proceeds of sole sholl be applied in the order stated belDw to the payment ofl
<br />
<br />(1' Cost of any evidence of title procured in connection wit;, such sole ond of any revenue required to be paid;
<br />(21 Attorneys fees,
<br />(3) All sums lhen secured hereby,
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />(5) The remainder. if cny, to the person Dr persons legally entitled thereto.
<br />
<br />Cd) If the Beneficiary of this Deed of Trust is 0 bank as defined by Nebraska low, any statement contained in any other section of this deed
<br />notwithstanding, the Beneficiary shall not be entitled to receive or toke ond debtor sholl not be obligated to payor give; any confession of judg-
<br />ment, power of attorney to confess judgment. power Df attorney to appear for a borrower in 0 iudicial proceeding or agreement to pay Ihe cost'!i
<br />of collection of the attorneys' fees, unless such octs Df collection wDuld not otherwise be prohibited by Nebraska law. Provided, however, that
<br />thi, section does not app1r to the Tru,Iee fee referred 10 in poragroph 6 (b). Proyided further. lhot this paragraph sholl not apply to this Deed of
<br />TIlIst, if the BenefICiary is nol a bonk.
<br />12. A~ 5enrftr ........IIItt.. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand. 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 shall be additional security for Trustor's faithful performance of all of the terms, covenants and
<br />conditions of this Deed 0' Trust, the promissory noles secured hereby, and any other security instruments executed in connection with this tran~
<br />soction. Such instl'tJlMnts shall be recorded or filed at Trustor's expense.
<br />13. .".......... af s.ec...... Jrvtt... Beneficiary may, from time to time. by a written instrument executed and acknowledged by
<br />Beneficiary, moiled to Trustor and recorded in the county or ccunties in which the ~operty is locat-'CI and by otherwise complying with the provi.
<br />sions of the applicable laws of the State of Nebraska. substitute 0 successor or successors to the Trustee named herein or acting hereunder.
<br />14. IMpectians. Beneficiary, or its agents, representatives or workmen. are authorized to enter at any reosonoble time upon or in any pDrt
<br />of the Property for the purpose of inspecting the some and for the purpose of performing any of the acts it is authroized to perform under the
<br />terms of the Deed of Tru5l.
<br />15. 0pticMI ,. hrec:to... Upon the occurrence of any default hereunder, Beneficiary shall have 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. fctnItt.-.nce.,.....1Ic*y Ha' a WDiYlr.. Any 'orebeorance by Benefitiory in exercising Dny 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 Bene'iciary of
<br />onr default of 1ruslar under this Deed of Trust sholl not be deemed 10 be 0 woiyer of any other or similor defaults subsequently occurring.
<br />11. ,....,... lilt ......ad. Exlension of the time for payment or modification Dr amortization 0' Ihe sums secured by this Oeed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor sholl not operate tD release. in any manner. the liability Df the original Trustor and
<br />Trustor's successor in interest. BeneHciory sholl not be required to commence prDceedings against such successor or refuse to extend time fDr
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand mode by the original Trustor cnd
<br />Trustor's successor in interest.
<br />18. ........,.. Pa...... Without affecting the liability of the Trustor or ony other person liDble for the payment of any obligation herein
<br />mentioned. and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released DS
<br />security for the full amount of 011 unpaid obligations. Beneficiary may. from lime to time and without nolice. (i) release any person so liable, (ii)
<br />extend the maturity or alter Dny of I~ terms of any such obligations. (iii) grant other indulgences, (ivJ release or reconvey. or cause to be
<br />released or recDnvl!yed at any time ot Beneficiary's options ony parcel, portiDn or 011 of the Property. (v) take or release any other or additional
<br />SKln"ily for any obligo1ion herein mentioned. or {vi) make compositions or other arrangements with debtors in relation thereto.
<br />19. htwn an.e... Upon request of Trustor, Trustee at Trustee's option. prior 10 reconveyance of the Property to TrU!itor. may make
<br />future advances to Trustor. StJ..:h future advancel, with interest thereon. shall be secured by this Trust Deed when evidenced by promissory
<br />notal ~taling that said notes are secured hereby, provided thot at no time shall the secured principal, future advances. not including sums ad.
<br />vonced to protect the security. elceed an aggregate principal amount of S______
<br />
<br />20. 1etIIIYe,.ce Itr Tnd... Upon written request of Bene'iciary stating thai 011 sums secur@d hereby have been ~id. and upon surrender
<br />0' this Deed of Trust and the Note to Truslee for concellation and retention and upon payment by Trustor of Trustee's fees. Trustee sholl
<br />reconvey to Trustor, or the person or persons legally entilled thereto. without warranty. any portion of the Property then held hereunder. The
<br />rllCitals in such reconveyance of onv matters or facts sholl be conclusive proDf of the truthfulness thereof. The grantee in any reconveyance moy
<br />be described os "the person or persons legolly entitled thoreto".
<br />
|