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$7 102271
<br />j jc) After paying the Items specified In subparagraph (b), if the sale is by Tru oleo, or the proper court and other costs of foreclosure and sale if
<br />the solo is pursuant to judicial foreclosure, the proceeds of sole shall be applied in the order stated below to the payment of:
<br />11) Attorneys fees and coats of collection;
<br />(2► Cost of any evidence of title procured in connection with such sole and of any revenue required to be paid;
<br />(31 All obligations secured by this Trust deed;
<br />141 The remainder, it any, to the person legally entitled thereto.
<br />7, Additional Socurity Instruments. Trustor, at its expanse. will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />instruments as may bo required by Beneficiary, inform and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Dead
<br />of Tnutt, which socunty instruments shall bo additional security for Trustor's faithful performance of all of tha terms, covenants and conditions of thin
<br />Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transaction. Such
<br />instruments shall be recorded or filed at Trustor's expense.
<br />B. Appointment o18uccessor Trustee. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary,
<br />mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provisions of the
<br />applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named heroin or acting hereunder.
<br />9. Inspections. Beneficiary. or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the
<br />Property for the purpose of Inspecting the some and for the purpose of performing any of the acts it is authorized to perform under the terms of the
<br />Dead of Trust.
<br />10. Option to Foreclose. Upon the occurrence of any breach and upon the declaration of default hereunder, Beneficiary shall hove the option to
<br />foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br />11. Forsbearance 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 low, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise.
<br />the waiver by Be nifificary 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 subsequently occurring.
<br />12. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted
<br />by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and Trustor's
<br />successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or
<br />otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's
<br />successors in interest. .
<br />13. Beneficiary's Powers. Without affecting or releasing the liability of the Trustor or any other person Gable for the payment of any obligation
<br />herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice at the request of one or more Trustors
<br />(i) release any person so liable, fit) extend or renew the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences,
<br />(iv) release or reconvey. or cause to be released or reconveyed at any time at Beneficiary 's options any parcel, portion or all of the Property, (v) take or
<br />release any other or additional security for any obligation herein mentioned. jvi) make compositions or other arrangement swith debtors in relation
<br />thereto. All Trusters shall be jointly and severally obligated and bound by the actions of the Beneficiary or any trustor as herein stated.
<br />14. AtrorneyFeas, Costs end Expenses. If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in
<br />any other section of this deed notwithstanding, the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give;
<br />any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding oragreement
<br />to pay the costs of collection or the attorneys' fees, unless the interest payable by the terms of the Note referred to in this deed is 16% per annum or
<br />less, or the note referred to In this deed is repayable in two or more equal or unequal Installments and over a period of more than one hundred forty-
<br />five (1451 months. Provided, however, that this section does not apply to the trustee tee referred to in Paragraph B.6(b). Provided further that this
<br />Paragraph 8.14 shall not apply to this Deed of Trust, if the Beneficiary herein is not a bank.
<br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of
<br />this Dead of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to
<br />Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in such
<br />reconvoyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance maybe described as "the
<br />person or persons legally entitled thereto."
<br />16. Notices. Except for any notices, demands, requests or other communications required under applicable law to be given in another manner,
<br />' whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitation, notice of default and notice of sale), demands.
<br />requests or other communication with respect to this Deed of Trust. each such notice. demand, request or other communication shall be in writing
<br />and shall be effective only if the same is delivered by personal service or is marled by cemfied mail, postage prepaid, addressed to the address as set forth atthe
<br />beginning of this Deed of Trust. Any parry may at any time change its address lot such notices by delivering or mailing to the other party hereto, as aforesaid, a
<br />notice of such change. Any notice hereunder shall be deemed to have been given to Trustoi or Beneficiary, when given in the manner designated herein.
<br />17, Request for Notice. Trustor and Beneficiary hereby request a copy of any nonce of default, and a copy of any notice of sale thereunder, be mailed to
<br />each person who is a party hereto at the address set forth for such person in the first paragraph of this Deed of Trijil ,, , .. ..
<br />, ".
<br />18. Governing Law. This Deed of Trust shell be governed by the laws of the State of Nebraska. W Is r
<br />19. Successors and Assigns. This Deed of Trust, and all terms, conditions and obligations herein. apply to and inure to the benefit of and binds
<br />all parties hereto, their heirs, legatees. devisees. personal representatives. successors and assigns. The term 'Beneficiary" shall mean the owner and
<br />holder of the Note, whether or not named as Beneficiary herein.
<br />20. Joint and Several Liability, All covenants and agreements of Trustor shall be joint and several
<br />21. Severebility. 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 reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
<br />unenforceabihty shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if
<br />such invalid, illegal, or unenforceable provision had never been contained herein or therein . If the lien of this Deed of Trust is invalid or unenforceable
<br />as to any pan of the debt, or if the hen is invalid or unenforceable as to any part of the Property. the unsecured or partially secured portion of the debt
<br />shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the
<br />debt, whether voluntary or under foreclosure or other enforcmeni action or procedure, shall be considered to have been first paid on and applied to
<br />the full payment of that portion of the debt which is not secured or not fully secured by the lien of this Deed of Trust.
<br />22. Number and Gender. Whenever used herein. the singular number shall Include the plural, and the use of any gender shall be applicable to all
<br />genders.
<br />23. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged. is made a public record as
<br />Provided by low.
<br />24. Trustee Liability. So long as the Trustee shall act In good faith and in reliance upon notices and other information which it, in its sole discretion may
<br />L deem to be reliable, and so long as Trustee shall exercise reasonable prudence and care in its administration hereunder, Trustee shall not be liable for any loss
<br />Pr a ausbmod or incurred by the Trutoro or any Beneficiary or by any other persons whomsoever, it being expressly stipulated that the Trustee shall be
<br />liable only for tie own gross negligence and willful default in the premises.
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