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87-- 104669
<br />(c) After paying the Items specified in subparagraph (b), If the sale Is by Trustee, or the proper court and other costs of foreclosure and sole if
<br />the aft is pursuant to judicial foreclosure, tiro proceeds of sale shall be applied in the order stated below to the payment of:
<br />(1) Cwt of an evidence of title procured in connection with such sale and of any revenue required to be paid;
<br />i2) Attorneys fees;
<br />le Alf eons than secured hereby and any liens having priority over this ens;
<br />fe.t~ trust deeds, mortgages, of other lienholders; and
<br />The remainder, if any, to the person or persons legally entitled thereto.
<br />(d) If the Beneficiary of this Deed of Trust Is a tank as defined by Nebraska law, any statement contained in any other action of this dead
<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 />hdifirtent, plower 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 coltectio n or the attomeys' fees, unless such acts of correction would not otherwise be prohibited by Nebraska law, provided, however,
<br />that this section doss 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 />(14) AddMN al ftso ty lnbum ltts, Truster, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />inetrumar is es may be required by Beneficiary, In form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Dead of That, which security Instruments shall be additional security for Trustee's faithful performance of all of the terms, convenants and con.
<br />ditions of this Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed In connection with this transac•
<br />lion. Such Instruments shall be recorded or filed at Truster's expense.
<br />03) RppWltNttMtt of Sueeeeaw Trw/se. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by
<br />Beneficiary, mailed to Truster 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) hppeeNons, 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 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 />(16) FerMsaranoe by lenoffelary or Trustee Not a Waiver. Any foreboarance by Beneficiary or Trustee In exorcising 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 Truster under this Deed of Trust shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occuring.
<br />(17) TrWtor Not RsNased. 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 />Trusta's successor In interest. Beneficiary shalt 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 />Truster's successor in Interest.
<br />(18) lenalloWo Powers. Without affecting the liability of the Truster or any other person liable for the payment of any obligation herein men•
<br />turned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not than 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,';;] extend the AS
<br />maturity or after any of the terms of any such obligations, (III) grant other indulgences, (iv) release or roconvey, or cause to be released or recon-
<br />veyed at any time at Baneficlary's options any parcel, portion or ail of the Properly, (v) take or release any other or additional security for any
<br />obligation herein mentioned. or (vi) make compositions or other arrangements with debtors in rotation thereto.
<br />(19) R000nveyance 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 Truster of Trustee's fees, Trustee shall reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then hold hereunder. The recitals in
<br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyance may be
<br />described as "the person or persons legally entitled thereto ".
<br />(20) Notices. Except for any notices. demands. request& or other communications required under applicable law to be given in another man -
<br />ner, whenever Beneficiary. Truster. or Trustee gives or serves any notice (Including, wilhoul limitation, notice of default and notice of sale),
<br />demands, requests or other communication with respect to this Deed of Trust, each 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 set forth at the baWrinmg or this Dead of Trust. Truster hereby requests that a copy of any notice of
<br />default, any notice of sate, required or permitted to be given the Truster hereunder, be mailed to it at the address set forth at the beginning of this
<br />Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a
<br />mottos of such change. Any notice hereunder shall be deemed to have been given to Truster or Beneficiary, when given In the manner designated
<br />herein.
<br />(21) GovemMilt Late. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />(22) twooseaors std Assign. This Deed of Trust and all terms, conditions and obligations herein apply to and Inure to the benefit of and Wnd
<br />all parties 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 />(23) Jobd and Seven) LkdM ty. All covenants and agreements of Trustor shall be joint and several.
<br />(24) Saenbfly. 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 tronsection shall for any reason be hold to be invalid, Illegal or unenforceable in any respect, such Invalidity,
<br />Illegality, or unanforeeability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall
<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 of unenforcesbie 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 />tislly secured portion 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 sit payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered
<br />to have been first paid on and applied to the full 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) NwtNer std Gender; Captions. Whenever used herein, the singular numbnr shall Include the plural, the plural, the singular, and the use of
<br />any gentler shall be applicable to all genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and
<br />we not to be used to interpret or define the provisions hereof.
<br />(2e Aeoplanoe by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as
<br />provided by law.
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