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<br />200710166 <br /> <br />applied upon any indebtedness hereby securcd in such order as the Beneficiary shall determine. Such application by the <br />Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of <br />the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or <br />any part thereof and any such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a <br />default under the terms hereof. <br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary <br />or Trustee. <br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other <br />charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with <br />interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this <br />Deed of Trust as permitted by law. <br />IT IS MUTUALLY AGREED THAT: <br />I. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount <br />of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to <br />Beneficiary to be applied to said obligation. <br />2. By acccpting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require <br />prompt payment when due of all other sums so secured or to declare default for failure to so pay. <br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled <br />thereto, on written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written <br />request for reconveyance made by the Beneficiary or the person entitled thereto. <br />4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, <br />during the continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the <br />right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any <br />agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any <br />such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by <br />a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take <br />possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such <br />order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such <br />rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done pursuant to such notice. <br />5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any <br />agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the <br />Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance <br />with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at <br />Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a <br />reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed <br />to the persons entitled thereto. <br />6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser <br />the interest in the property which Trustor had or had the power to convey at the time of his execution of this Deed of <br />Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was <br />conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie <br />evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for <br />value. <br /> <br />NE-0979NOWUNE"0905 (also used by IA) (ROC) <br /> <br />Page 2 of 3 <br />