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87- 105127
<br />lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or she deems expedient, post-
<br />pone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration
<br />thereof by such person at the time and place last appointed for the sale; provided, if the safe is postponed for longer than one I1) day beyond
<br />the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of sale. Trustee shall execute
<br />and deliver to the purchaser its Deed conveying the properly so sold, but without any covenant or warranty, express or implied. The recitals
<br />in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation, Beneficiary
<br />or Trustee may purchase at the sale. Said sale shall be conducted at the real estate forming a part of the Property or at the court house to
<br />the county in which the Property to be sold, or some part thereof, is situated.
<br />(bf When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payments of the costs and expenses of
<br />exercising the power of sale and of the sale, including, without limitation, the payment of Trustee's fees incurred, which Trustee's fees shall
<br />not in the aggregate exceed the sum of Five Hundred and no /100ths ($500,00) plus 112 of 1% of the amount secured hereby and remaining
<br />unpaid and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order therein stated.
<br />(of After paying the items specified in subparagraph (b) of this paragraph FIFTH, it the sale is by Trustee, or the proper court and other costs
<br />of foreclosure and sale if sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of:
<br />If I Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
<br />12) All sums then secured hereby,
<br />(3) The remainder, if any, to the person or persons legally entitled thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale Provided for herein.
<br />above be mailed to each such party at his post office address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall
<br />have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to Beneficiary, promptly upon request, such
<br />security instruments as may be required by Beneficiary, in a form and substance satisfactory to Beneficiary, covering any of the Property con-
<br />veyed by this Deed of Trust which security instruments shall be additional security for Trusters faithful performance of all of the terms, covenants
<br />and conditions of this Deed of Trust, the Note and indebtedness secured hereby, and any other security instruments executed in connection
<br />with the indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at Trustors expense; (b) Beneficiary
<br />may, from time to time, by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or
<br />counties in which the Property is located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska, sub-
<br />stitute a successor or successors to the Trustee named herein or acting hereunder, (c) although the Trustee, or his successor or successors,
<br />may be an agent of, or attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to disqualify him to act as such
<br />Trustee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale and buying any part or all of the property at any sale hereunder,
<br />(d) that if it should be necessary or appropriate for the protection of the security hereby conveyed or enforcement of the debt hereby secured,
<br />for the Trustee or the Beneficiary to institute or become a party to any proceeding or suit in a court of bankruptcy or probate or other court of
<br />general or limited jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including reasonable attorneys'
<br />fees) paid or incurred by said Trustee or Beneficiary in maintaining, prosecuting or defending such proceeding or protecting their respective
<br />rights hereunder shall be an additional debt secured by this Deed of Trust in like manner with the principal debt herein described; (e) Beneficiary,
<br />or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Property for the purpose
<br />of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of Trust; (I) any
<br />forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a
<br />waiver of or preclude the exercise of any such right or remedy hereunder, similarly, the waiver by Beneficiary or Trustee of any default of Trustor
<br />under this Deed of Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g) extension of the time for pay-
<br />ment or modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor
<br />shall not operate to release, in any manner the liability of the original Trustor and Trustors successor in interest Beneficiary shall not be required
<br />to commence proceedings against such successor or refuse to extend the time for payment or otherwise modify amortization of the sums and
<br />indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustors successors in interest; (h) with-
<br />out affecting the liability of the Trustor or any other person liable for the payment of the obligations and indebtedness secured by this Deed of
<br />Trust, 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, (ii) extend the maturity
<br />or after any or the terms of any such obligation (ft) grant other indulgences, IN) release or reconvey, or cause to be released or reconveyed at
<br />any time at Beneficiary's option any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation or
<br />indebtedness herein mentioned, or (vi) make compositions or other arrangements with debtors, in relation thereto; (i) in addition to the rights
<br />and powers given to the Trustee and Beneficiary herein, the Beneficiary shall have all such other rights both in law and equity for collection of
<br />the indebtedness secured hereby as it would have but for this Deed of Trust; ()) all covenants and agreements of Trustor set forth in this Deed of
<br />Trust shall be joint and several; (k) this Deed of Trust shall be governed by the laws of the State of Nebraska; (q in the event any one or more of
<br />the provisions contained in the Deed of Trust or the Note or any other security instrument given in connection with the indebtedness hereby
<br />secured shall for any reason be held to be invalid illegal or unenforceable in any respect such invalidity, illegality, or unenforceability shall at
<br />the option of the beneficiary not affect any other provision of the Deed of Trust but this Deed of Trust shall be construed as if such invalid, illegal
<br />or unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust is invalid or unenforceable as to any part
<br />of the indebtedness hereby secured or evidence by the Note, or of the lien is invalid or unenforceable as to any part of the Property, the unsecured
<br />or partially secured portion of such indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured
<br />portion of such indebtedness, and all payments made on such indebtedness, whether voluntary or under foreclosure or other enforcement action
<br />or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness which is not
<br />secured or not fully secured by the lien of the Deed of Trust; and (m) The covenants and agreements contained in this Deed of Trust shall bind,
<br />and the benefits and advantages hereof shall inure to the respective heirs, executors, administrators, successors and assigns of the parties
<br />hereto. Wherever used herein, the singular number shall include the plural and conversely, and the use of any gender shall be applicable to all
<br />genders Wherever the terms "Beneficiary" is used herein, it shall include the lagal holder or holders of the Note or the indebtedness secured
<br />hereby.
<br />SEVENTH: Upon written request of Beneficiary stating that all amounts and indebtedness secured hereby have been paid, and upon
<br />surrender of this Deed of Trust and the Note to Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees. Trustee
<br />shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion or the Property then held by Trustee
<br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee of any
<br />reconveyance may be described as "the person or persons legally entitled thereto."
<br />EIGHTH: Trustor acknowledges that his/her current financial position is an important factor in Beneficiary s decision to advance the funds --
<br />represented by the aforementioned note. Trustor therefore has agreed in order to provide assurance to Beneficiary with regard to Trustors
<br />financial position, that it shall be an event of default for Trustor to allow any lien or encumbrance other than this deed of trust and the lien for taxes which
<br />a re notyet dueandpayabletio be placed on all orany part ofthe property described above and allowed to remain a lienfor 180 day(s) EXCEPT
<br />a lien junior and inferior to this deed of trust may be placed on all or a part of said property in favor of None
<br />in a principal amount not toexceed None ($ None )
<br />to be placed W record no later than None 19
<br />NINTH: 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 communications with respect to this Deed of Trust, each such notice, demand request or other communication shall be in
<br />writing and shall be effective only if the Same is delivered by personal service or mailed by certified mad, postage prepaid, return receipt requested .
<br />addressed to the address of the party to whom mailed as set forth at the end of the Deed of Trust. Any party may at any time change its aduress
<br />lot such notices by defivenng or mailing to the other parties hereto. as aloyesald, a notice of such change Any notice hereunder shall be deemed
<br />to have been given to Trustor or Beneficiary when given in the manner designated herein.
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