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I <br />"- �ni443 <br />the items specified in subparagraph (b), If the sale is by Trustee, or the proper couftand h .met f: closure and sale if <br />the safe is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order steted below to the payment of: <br />(1) Cost of an evidence of title procured In connection with such sale and of any revenue required to be paid; <br />(2) Attorneys fees; <br />(a) Al; sums then secured hereby and any liens having priority over this one; <br />(4) Junior trust deeds, mortgages, or other lienholders; and <br />` M The remainder, if any, to the person or persons legally entitled thereto. <br />(d) V the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed <br />notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession of <br />judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the <br />costs of collection or the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, however, <br />that this section does not apply to the Trustee fee referred to in paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed <br />of Trust, if the Beneficiary is not a bank. <br />(12) Additional Security instruments. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security <br />instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust, which security instruments shall be additional security for Trustor's faithful performance of all of the terms, converiants and con- <br />ditions or this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transac- <br />tion. Such Instruments shall be recorded or filed at Trustor's expense. <br />(13) Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and acknowledged by <br />Beneficiary, mailed to Trustor and recorded in the county or counties 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 />(14) Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable 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 acts it is authorized to perform under the terms <br />of the Deed of Trust. <br />(15) Option to Foreclosure. Upon the occurrence of any default hereunder, Beneficiary shag 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) Forbearance by Beneficiary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. likewise, 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 Of similar <br />defaults subsequently occuring. <br />(1 T) Trustor Not Released. 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 interest of Trustor shall not operate to release. in any manner, the liability of the original Truster and <br />- Trustor's successor in Interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Truster and <br />Trustor's successor in interest. <br />(1B) Beneficiary's Power, Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men- <br />tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security <br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (i) release any person so liable, (ig extend the <br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (tv) 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 security for any <br />obligation herein mentioned. or ivi) make compositions or other arrangements with debtors in relation thereto- <br />419) Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have 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's fees, Trustee shalt reconvey <br />to Trustor, or the person or persons legally entitled thereto, without warranty. arty portion of the Property then held hereunder. The recitals in <br />such reconveyance of any matters or facts shalt be conclusive proof of the truthfulness thereof. The grantee in arty reconveyance may be <br />described as "the person or persons legally entitled thereto"_ <br />(20) Notices. Except for any notices, demands, requests, or other communications required under applicable law to be given in another man- <br />ner, whenever Beneficiary. Trustor, or Trustee gives or serves any notice (inctudWQ, without limitat ion, notice of default and notice of safef< <br />demands. requests or other communication with respect to thus Deed of Trust, eac±i such notice, demand. request or other communication shall <br />be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt <br />requested. addressed to the address as sat forth a- the beginning of this 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 address set forth at the beginning of this <br />Diced of Trust. Any party may at any time change Its address for such notices by defs,Brrng Of mailing to the other parties hereto. as aforesaid, a <br />notice of such cnange. Any notice hereunder shall be deemed to have been given to Trustor of Beneficiary, when given in the manner designated <br />herein. <br />(21) Governing Law. This Deed of Trust shall be governed by the iaws of the State of Nebraska. <br />(22) Successors and Assigns. This Deed of Trust and ali terms, conditions and obligations herein apply to and inure to the benefit of and bead <br />all parties hereto. their heirs, legatees. devisees. personal representatives, successors and assigns. The term "Beneficiary" shall mean the <br />owner and hoider of the Note. whether or not named as Beneficiary hereon. <br />t23) Joint and Several LlabiNty. All covenants and agreements of Trustor shall be joint and several <br />(24) Serwabttlty. In the event any one or more of the provisions contained in this Deed of Trust. or the Note or any other security instrument <br />given in connection with this transaction shall for any reasons be held to be invalid, illegal or unenforceable in any respect, such Imrandity- <br />Illegaiity, or unenforceabiiity shall, at tiro option of Beneficiary. not affect any other provision of this Deed of Trust, but this Deed of Trust shat; <br />be construed as if such invalid. illegal, or unenforceable provision had never been contained herein or therein. If the lien of this 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 secured porton 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 trio debt, whether voluntary of under foreclosure or other enforcement action or procedure, shall be considered <br />to have been first naid on and applied to the fu4i payment of that portion of the debt which is not secured or not fully secured by the lien of this <br />Deed of Trust. <br />(25) Number and Gander, Captions. Whenever used herein, the singular number shall include the plural, the plural, the singular, and the use of <br />any gender shall be applicable to all genders.. The captions and headings of the paragraphs of this Dead of Trust are for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />i2RI Acceptanea by Trustee, Trustee accents this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as <br />otorided by law <br />