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r <br />$7-- 103307 <br />(c) After paying the items specified in subparagraph (b), it the sale is by Trustee, or the proper court and other costs of foreclosure and sale If <br />the sale is pursuant to Judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of: <br />(t) Cott of an evidence of title procured In connection with such sale and of any revenue required to be paid; <br />(2) Attorneys fees; <br />(9) All sums that secured hereby and any liens having priority over this one; <br />(4) Junior trust deeds, mortgages, or other lienholders; and <br />The remainder, if any, to the person or persons legally entitled thereto. <br />K <br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this dead confession Of <br />debtor <br />born wer In judicial proceeding give-, <br />The Beneficiary r agrenoement to pay the <br />otwHhstanding, ora <br />toaconfests judgment,po power of attorney to appear <br />}ttdgmatt, power of attorn y noerprohibited <br />or the attamsys' fees, unless such acts Of o i fer law, provided, <br />further, that this paragraph shall not to this Dead <br />plleerctl <br />cotta of coitectlon a graph 6 (b ), provided <br />that this section does not apply to the Trustea foe reform to ICn <br />Of Trust, If tM Beneficiary Is not a bank. <br />�� fieourlty ituhuttnenls. Trustor, at ICs expense, will execute and deliver to the Beneficiary, promptly upon demand, such security <br />to Beneficiary, covering any of the Propertn conveyed <br />d <br />Inttrturants as may be required by Benoticlary, Inform and substance satisfactory con - <br />o <br />Deed of which security tnttrumsnta shall be additional security for Truster's faithful performance ail of the terms, <br />notes secured hereby, and any other security Instruments executed In connection with this transac- <br />ditlons of thi, s Deied of Trust, the promissory <br />tion. Such instruments shall be recorded or filed at Trustor's expense. <br />Trustee. Beneficiary may, from time to lima, by a written Instrument executed and acknowledged by <br />(13) AppgNtgMrtt of Successor <br />which <br />State fotNeb Nebraska substitute a successor tor successors to located tee named heroin orpacti g heir uhn- <br />prf�ovisions of he applicable laws oft he <br />der. <br />(14) I nspeeHorts. Beneficiary, or Its agents, representatives or workman, are authorized to enter at any reasonable time upon or in any part o <br />the property for the purpose ry, 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) glen to Foreclosure. Upon the occurrence of any de tault hereunder, Beneficiary shall 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 />by i <br />ance <br />(16) Forobearattce by dateflelery o Trust" law, a Wi anosttbo Any for of tor preclude the exercise me of any such such right orgrom�y9Lihwlastt� the <br />brander, or otherwise afforded by app be deemed to be a waiver of any other or similar <br />waiver by Beneficiary or Trustee of any default of Truster under this Deed of Trust shall not <br />defaults subsequently occuring. <br />(1'7) Trwtor Not Released. Extension of the time for payment or modification r amortization of the sums secured by this Deed l Trust gran- <br />(17) <br />Trustor shall not operate to release, In any manner, the liability of the original Trustor and <br />by Beneficiary to any successor In Interest of <br />Trusto's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for <br />the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and <br />payment or otherwise modify amortization of <br />Trustor's successor in interest. <br />(18) (brteifdary'e powers. Without affecting the liability of the Trustor or any other person liable torn the payment of any obligation herein men- <br />(18) the not than or theretofore released as security <br />vA <br />and without tfacting the lion or charge of this Deed of Trust upon any portion of property <br />of all unpaid obligations, beneficiary may, from time to time and without notice, (I) release any person 3o liable, (il) extend the <br />to be released or rocon- <br />for the full amount <br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvoy, or cause <br />or all of t Property, (v) take or release any other or additional security for any <br />he <br />veyed at any time at Beneficiary's options any parcel, portion <br />obligation heroin mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. <br />hereby have been paid, and upon surrender of <br />(1i) Reconwyan" by Trustee. Upon written request of Beneficiary stating that all sums secured <br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey <br />the Property than held hereunder. The recitals in <br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of <br />facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconvoyance may be <br />such reconvoyance of any matters or <br />described as "the person or persons legally entitled thereto ". <br />requests, or other communications required under applicable law to be given In another man- <br />(20) Nodose. Except for any notices, demands, <br />nor, whenever Beneficiary. Trustor. or Trustee gives or serves any notice (Including, without limitation, notice of default and notice of 3810), <br />demand, request or other communication shall <br />demands, requests or other communication with respect to this Deed of Trust, each such notice, <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 />Trustor hereby requests that a copy of any notice of <br />requested, addressed to the address as set forth at the beginning or this Deed of Trust. <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 />to the other parties hereto, as aforesaid, a <br />Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing <br />be deemed to havo boon given to Trustor or Beneficiary, when given In the manner designated <br />once of such change. Any notice brander shah <br />Al <br />herein. <br />(21) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />herein apply to and inure to the benefit of and bind <br />(22) 8naweeeeora and Assigns. This Dot! of Trust and a!6 forms, conditions and obligations <br />all pant" hereto, their heirs, legatees. devisees, personal representatives, successors and assigns. The term ,Beneficiary" shall mean the <br />owner and holder of the Note, whether or not named as Beneficiary herein. <br />JOIN and Several Lisb6tty. All covenants and agreements of Trustor shall be joint and several. <br />(23) <br />(24) SOM81110MY. In the *vent any one of more of the provisions contained in this Deed of Trust, or the Note or any other security instrument <br />shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />given in connection with this transaction <br />Illegality, or unenfoceabllity shall, at trio option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall <br />been contained herein or therein. if the lion of this Deed of Trust is <br />be construed as it such invalid, illegal, or unenforceable provision had never <br />invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Property, the unsecured or par - <br />of the remaining and secured or partially secured portion of the <br />tiaily secured portion of the debt shall be completely paid prior to the payment <br />voluntary or under <br />which is not Secured or not not procedure, <br />debt, and all whether ulllyy secured by thhe Hen f this <br />t have beenths paid onaand applied to the ul that (portion of thetdebt <br />Deed of Trust. <br />(25) "Mall r and Gender, Captions, Whenever used herein; the singular number shall include the plural, the plural, the singular, and the use of <br />to ail genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and <br />any gender shall be applicable <br />are not to be used to interpret or define the provisions hereof. <br />and acknowledged. is made a public record as <br />(2M Aeceptence by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed <br />provided by law. <br />0 <br />a <br />— <br />