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<br />88-107066
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<br />11. Acnkll... U... DtfwIt/ ...tdIlO/ s.Io, Upon defoull by Trustor In the poymcnl of or performance of the terms and conditions of
<br />lilt Nole, or any reneW>Jls, modificotlor,l or extenslens thereof, Dr the payment of any olher Indebtedness secured hereby or In the performonco
<br />of ony of Ihe convenonts or agreements hereund.r, Beneficiary may declare 011 sums secured hereby Immediately due and payable and the somo
<br />sholllhereupon become due and payable without presenlment, demond, prolesl or notice of any kind. Thereafter, Beneficiary may deliver te
<br />Trust.. 0 written declaration of dBfoul1 and demand for sole. Trustee sholl hO'1e the power of sole of the Properly and if Beneficior~ decides the
<br />Property is t. be sold it shull ~.,.si' with Truslt~ Ihis Deed of Trust and the Note or noles and any elher documenls evidencing expenditures
<br />securtd hereby, and sholl d.'....". ". 1..\.tee 0 written notice of default and election to couselhe Property te be sold, and Trustee, In turn, sholl
<br />prepare 0 similar notice In the to. ,..,'equirtd by low which sholl be duly flied for record by Truslee.
<br />(0) Aher the lopse of such time os may be required by low following the recordation of Notice of Default, and Nolice of Default and Notice of
<br />Sole having b..n given os requir.d by low, Trustee, without demand on Trustor, sholl sell the Property in one or more parcels and in such order
<br />os Truslor ,,",y determine on the dote and at the time and plo'.e designated in said Notice of Sole, at public auction to Ihe highest bidder, the pur-
<br />chos. price payable in cosh in lawful money of the United States at th. time of sole. The person conducting the sole may, for any couse he Dr ,he
<br />deems exptdient, poslpone the sol. from time to time until it sholl be cempleled "nd, in every such case, notice of postponemenl sholl be given
<br />by public declaration thereof by such person at Ihe time and place lost appointed for U,e sole, provided, if Ihe sole is postponed for longer Ihon
<br />one (1) day beyond Ihe day designoled in the Notice of Sole, notice thereof sholl be given in the some manner os the original Notice of Sole.
<br />Truste. sholl execute and deliver to the purchaser ils Deed conveying Ihe Property so <old, but without any convanonl or warranty, express, or
<br />Implitd. The recitals in Ihe Deed of ony moilers Dr facts sholl be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation Trustee, may purchase ollhe sole.
<br />(b), When Truslee sells pursuant to Ihe powers herein, Trustee sholl apply the proceeds of the sole to payment of the costs and expenses of
<br />exercising the power of .ole and of Ihe sole, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees sholl not
<br />in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid, 5 percentum on the balance
<br />Ihereof, und then to the items sel forth in subparagraph (c) hereof in the order therein stated.
<br />(c) Alter paying the ilems specified in subparagraph (b), if the sole is by Trustee, or the proper court orod other cosls of foreclosure and sole
<br />if Ihe sole is pursuant to judicial 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 title procured in connection with such sole and of any revenue required to be paid,
<br />(2) Allorneys fees,
<br />(3) All sums Ihen secured hereby,
<br />(4) Junior trusl deeds, mortgages, or other lienholders, and
<br />(S) The remainder, if any, to the person or persons legally enlitled thereto.
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<br />(d) If the Beneficiary of this Deed of Trust is 0 bonk os defined by Nebraska low, any stotcment conloined in any other section of lhis deed
<br />nOlwithslonding, the Beneficiary sholl not be entitled to receive Dr toke and debtor sholl not be obligated to payor give, any confession of judg-
<br />ment. power of attorney 10 confess judgment I power of attorney to appear for 0 borrower in 0 judicial proceeding or agreement to pay the costs
<br />of collection of Ihe allorneys' fees, unless such acts of collection would not olherwise be prohibited by Nebraska law. Provided, however, lhot
<br />Ihis section does not apply to the Trustee fee referred to in porogroph 6 (b). Provided further, lhot this paragraph sholl not apply to this Deed of
<br />Trust, if the Beneficiary is nolo bonk.
<br />.12. Addltl.nal Secorlty lnslrvm..t.. Trustor, at its expense, willexecule and deliver to the Beneficiary, promptly upon demond, such securi-
<br />ty Instruments os 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 011 of the terms, covenants and
<br />conditions of this Deed of Trusl, Ihe promissory notes secured hereby, and any other security inslruments executed in connection with this tran-
<br />saction. Such inslruments sholl be recorded orflled 01 Trustor's expense.
<br />13. App.intm.nl 01 Succ....r Tru.tee. Beneficiary may, from time to time, by 0 written instrument execuled and acknowledged by
<br />Beneficiary, moiled to Trustor and recorded in the county Dr counties in which Ihe Property is located and by otherwise complying wilh Ihe provi-
<br />sions of the applicable lows of the State of Nebraska, substitute 0 successor or successors to the Trustee named herein Dr acting hereunder.
<br />14. Inspections. Beneficiary. or its agents. representatives or workmen, ore authorized to enter at any reasonable time upon or in Dny port
<br />of the Property for the purpose of inspecting the som,e.ond for.,the purpose of performing any of the acts it is outhroized to perform under the
<br />terms of the Deed of Trust. ' ',.'
<br />15. Opti.n to For.cl.s.. Upon Ihe occurrence of ~hy.Uefoult hereimder, Beneficiary sholl hove lhe option to foreclose this Deed of Trusl in
<br />the manner provided by low for the foreclosure of mortgage. unreal property.
<br />16. Foreb.aranc. by Be.eliciary Not a Waiver. Any forebeoronce by Beneficiary in exercising any right Dr remedy hereunder, or otherwise
<br />afforded by opplicoble iow, sholl not be 0 waiver of or preclude the exercise of any such righl Dr remedy. likewise, the waiver by Beneficiary of
<br />any defoull of Trustor under this Deed of Trust sholl not be deemed to be 0 waiver of any other or similar defaults subsequently occurring.
<br />17. Tru,'.r Hot Relea.ed. Extension of the time for poymenl Dr modificolion or amortization of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor sholl not operote to release, in any manner, Ihe liability of lhe original Trustor and
<br />Truslor's successor in interest. Beneficiary sholl not be required to commence proceedings ogoinst such successor or refuse 10 extend time for
<br />payment or olherwise modify amortization of the sums secured by this Deed of Trust by reoson of any demond mode by the original Trustor and
<br />Trustor's successor in interest.
<br />18. Beneficiary'. Pawe... Without 'affecting the liobilily of lhe Trustor or any other person Iioble 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 os
<br />security for the full amount of 011 unpaid obligations, Beneficiary may, from time to time ond withaul notice, (i) release any person so liable, Iii)
<br />extend 'he maturity or alter any of the terms of any such obligations, (Hi) grant other indulgences, (iv J releuse or reconvey, or couse to be
<br />releosed or reconveyed at any lime at Beneficiary's options any parcel, portion or all of the Property, Iv) toke Dr release any other or odditionol
<br />security for any obligation herein mentioned, Dr (vi) make compositions or other arrangements with debtors in relation thereto.
<br />19. Future Advance.. Upon request of Trustor, Trust~e a. Trustee's option, prior to reconv9ycnce of the Property 10 Trustor, may make
<br />fulure advances to Trustor. Such future odyonces, with interest thereon, sholl be secured by this Trust Deed when evidenced by promissory
<br />notes stating that said notes o[e secured hereby; provided .hat at no time sholl the secured principal, future advances, not including sums ad.
<br />vonced 10 protect the security, exceed on aggregate principal amount of S
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<br />20.,,..aa,oy..c. by T....te.. Upon written request of Beneficiary stating that 011 sums secured hereby have been paid, and upon surrender
<br />of '~*'S' ad 01 Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees. Trustee shall
<br />recon 10 Trustor, or the person or persons legally entitled thereto, withoul worronly, any portion of the Properly then held hereunder. Th.
<br />recit s in such reconveyance of ony motters ar facts shall be conclusive proof of the truthfulnes!. thereof. The grantee in any reconveyance may
<br />be described os "the person or persons legolly .ntitled therela".
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