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<br />200710360
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<br />applied upon any indebtedness hereby secured 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 />1. 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 accepting 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 'frusto. in payment-of--any-indebtedness---secur~d hereby--or-in p-erfonnanee- 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.
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<br />NE-0979NOWLlNE-0905 (also used by IA) (ROC)
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