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<br />(0) AU.r paying the lIemalpeclfled In aubparagr.ph (b), II the Sllell by Trulltee, or the proper oourt and other cOlte of foreclolure Ind .llelf <br />the ..I,ll purlulnt to ludlclal foreclo.ure, the proc.eda of aile aha II be applied In the order st.ted below to the payment of: <br />(1) COlt of In evidence of title procured In connection wllh such sale and of any revenue required 10 be paid; <br />12) AUorneyl rldl; <br />(3) AUlum. then ..cured hereby and Bny Ilene having priority oVtJr this one; <br />~ ~~I~~~~I~d~~~..~~~g,~~e:~~o~t~~~~~~~~~~:~~rryn:nUUed thoralo. 88--10664 a <br /> <br />(d) If the 8eMflclary of this Deed of Trust Is a bank all defined by Nebraska law, any l!!Italement contained In any other section of thle deed <br />notwlthlllndlng, The Beneficiary shall nol be entitled to receive or take and debtor shall not be obligated to PlY or give: any confession of <br />Judgment power of aUorney to confess Judgment, power 01 attomey to appear for a borrower In a Judicial proceeding or agreement to pay the <br />cOlta of c~llecUon or the attomeys' feea, unle8llsuch acls of collection would not otherwise be prohibited by Nebraska law, provided, however, <br />that thleaectlon does not apply to the Trustee lee referred to In paragraph 6 (b), provided further, that this paragraph shall not apply 10 thIs Deed <br />of Trult, If thD Benellclary Is not a bank. <br /> <br />(12) Addltlc:il' Security Inltrum.nt.. Trustor, at Itsexpensa, will execute and deliver to the Benellclary, promplly upon demand, such security <br />Inltrumentl BS may be reqUired by Beneficiary, In lorm and substAnce satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Truat, which securllM: Instruments shall be Bddltlonel aecurlty for Truutor's faithful performance 01 all of the terms, convenanla and con- <br />dlllonl afthls Deed 01 Truat, the promlslory notea secured hereby, and any other security Inetruments executed In connection with this transac- <br />tlDn. Such Instruments shall be recorded or filed at Trustor's expense. <br /> <br />(t3) Appolntm.nt of Succ...or Tru.tM. Beneficiary may, from time to lime, by a written Instrument executed and acknowledged by <br />Beneficiary, mailed to Trustor and recorded In the county or counlles In which the Property Is located and by otherwise complying with the <br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun- <br />der. <br /> <br />1141In.pectlonl. Benellclary, or Its agents, representatives or workmen, are authorIzed to enter at Bny reaeonable time upon or In any part of <br />the Property for the purpose of Inspecting the same and for the purpose of performing any of the acte It Is authorized to perform under the terms <br />01 the Deed of Trust. <br /> <br />(15) Option to Foreclosure, Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust In <br />the manner provided by Ii\w for the foreclosure 01 mortgages on real property. <br /> <br />(16) Forebeaflnea by Bln.flcll., or Trulll. Piot I Wllv.r. Any forebearance by Beneficiary or Trustee In exercising any right or remedy <br />hereunder, or otharwlse afforded by applicable law, shall nol be a waiver of or preclude the exercise of any such right or remedy. Ukewlse, the <br />waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar <br />defaults eubsequently occurlng. <br /> <br />(17) Trullor Nol R.I.aled. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran. <br />ted by Beneficiary to any successor In Interelt of Trustor shall not operate to release, In any manner, the liability of the original Truetor and <br />TrustOr'e sucoessor In Interest. Beneflclary shall not be reQuired to commence Droceedlngs against such successor or refuse to extend lime for <br />payment or otherwise modify amortization cf thu sums secured by 1hls Deed of Trust by reason of any demand made by the orIginal Trustor and <br />Trustor's successor In Interest. <br /> <br />(18) Ben.flel..,', P0W8ra. Without effecting the liability 01 the Trustor or any other person liable for the payment of any obligation herein men. <br />tloned, and without affecting the lien or charge of thla Deed of Trust upon any portion of the property not then or theretofore released as security <br />for the full amount of all unpaid obllgatlone, beneficiary may, from time to time and without notice, (I) release any person 80 liable, (II) extend the <br />maturity or alter any of the terms of any such obllgallons, (III) grant other Indulgences, (Iv) release or reconvey, or cause to be released or recon. <br />veyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additIonal eecurlty for any <br />obligation hareln mentioned, or (vi) make compositions or other arrangements with debtors In relation thereto. <br /> <br />(19~.fI.conVIY.nClb)'Trult... Upon written request of Beneficiary stating that all sums secured hereby hava been paid, and upon surrender of <br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee'e fees, Trustee shllll reconvey <br />to Trustor. or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recltale In <br />suet\. reconveyance of any malters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyance mly be <br />described Be "the person cor persons legally entitled thereto". <br /> <br />(20) Notlc... Except for any notices, demands, requests, or other communications required undar applicable law to be given In Inother min. <br />ner, whenever Beneficiary, Trustor, or Trustee gives or serves any notice (including, without IImltallon, notice of defaull and nollCI of allel, <br />demands, requests or other communication with respect to this Deed of Trust, each such notlca, demand, request or other communlcltlon shall <br />be In writing and shall be effective only If 1he same Is delivered by personal service or mailed by certified mall, postage preplld, return rKelpt <br />requested, addressed to the address as set forth et the beginning ot Inle Deed of Trust. Trustor hereby requests that a COpy of any notice of <br />default. any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to It at the addrees set forth at the beginning of this <br />Deed of Trust. Any party may at any time chang a Its eddress for such notices by delivering or mailing to the other parties hereto, liS Iforlllld, a <br />notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given In the manner dllllon.ted <br />herein. <br /> <br />(21) Goy.mlng Llw. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br /> <br />(22) Bucce..ora Ind AIIlgnl. This Deed of Trust and all terms, conditions and obligations herein apply to and Inure to the benefit of and bind <br />all parties herato, their heirs, legalees, devisees, personal representatives, successors and aselgns. The term "Beneficiary" shall mean the <br />owner and holder of the Note, whe1her or not named as Benellclary herein. <br /> <br />(23)Jolnllnd S.....ral Liability. All covenants and agreementsDI Truslor shall be Joint and several. <br /> <br />(24) Seqrablllly. In the event anyone or more of the provisions contained In this Deed of Trust, or the Nole or any other security Instrument <br />given In connoctlon wUh this transaction shall for any fealSon be held to be Invalid, lIlegel or unenforceable In any respect. such Invalidity, <br />illegality, or unenforceablllty shall, at the option of BenefiCiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall <br />be conetrued ae If such Invalid, Illegal, or unenforceable proviSion had never been contained herein or therein. If the lien of thle Deed of Trust Is <br />Invalid or unenforceable as to any part of the debt, or It the lien Is Invalid or unenforceable as to any part of the Property. the unsecured or par- <br />tially sacured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the <br />debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered <br />to have been first paid on and applied to the full payment of thet portion of the debt which Is not secured or not fully secured by the lien of this <br />Deed of Trust. <br /> <br />(25) Number and Qlndlr; Captions. Whenever used herein, the slnguler number shall Include the plural, the plurel, the singular, and the use of <br />any gender shall be applicable to all genders. The captions and headings of the paragraphS of this Deed of Trust are for convenience only and <br />are not to be used to Interprel or define the provisions hareol. <br /> <br />{28} Acceptance by Trultll. Truslee accepts this Trust when this Deed of Trust, duly eKecuted and acknowledged, Is made a public record as <br />provided by law. <br />