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7
<br />8; 10579
<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 lima to lime until it shall be completed and, in ovary such case, notice of postponement shall be given by public declaration
<br />thereof by such parson at the time and place last appointed for the sale; provided, if the Sale is POSIPOnad for longer than one 11) day beyond
<br />the day designalad in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice Of sate Trustee shall execute
<br />and deliver 10 the purchaser its Deed conveying the property so sold, hot 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 />of 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 in
<br />the county in which the Property to be sold, or some part thereof, is situated
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payments of the coats and expenses of
<br />exercising the power of sale and of the sale, including, without limitation, the payment of T(ustee's fees incurred, which Trustee's fees Shall
<br />not in the aggregate exceed the sum of Five Hundred and no /100ths 1$600.00) plus 112 of 1% of the amount secured hereby and remaining
<br />unpaid and then to the items set forth in subparagraph Ic) of this paragraph FIFTH in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH. if 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 sate shall be applied in the order stated below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder, it 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 heroin. 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 lot the foreclosure of mortgages on reel property.
<br />SIXTH: Truster specifically agrees that (a) Truster, 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 Trustors 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 Truslor and recorded in the county or
<br />counties in which the Property is located and by otherwise complying with the provisions of the applicable taws of the State of Nebraska. sub-
<br />stitute a successor or successors to the Trustee named herein or acting hereunder, fc) 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 />(dif that it 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 />less) 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 some and for the purpose of performing any of the acts it is authorized to pertorm under the terms of this Dead of Trust; M 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 Trustorhy
<br />under this Deed of Trust shall not be deemed a waiver of any other or similar default$ subsequently occurring; (g) extension of the time for p"
<br />mans or modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in Interest of Truslor
<br />shelf 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 Trustees successors in interest; (h) with-
<br />out affecting the liability of the Truslor or any other person liable for the payment of the obligations and indebtedness secured by this Deed of
<br />Trust, and without affecting the lion or charge of this Dead of Trust upon any portion Of the Properly not then or theretofore released as security
<br />_
<br />for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice (il release any person so liable, (it) extend the maturity
<br />or alter any or the terms of any such obligation, (iii) 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; (D all covenants and agreements of Trustor set forth in this Deed of
<br />Trust shaJl be join) and several, (k) this Deed of Trust shall be governed by the taws of the State of Nebraska; (i) 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 />for reason be held to be invalid illegal or unenforceable in any respect such invalidity, illegality, or unenforceability shall at
<br />secured shall any
<br />the option of the benefWary not affect any other provision of the Deed of Trust but this Deed of Trust shall be construed as if such invalid illegal
<br />`
<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 it 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 />harelip. 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 legal 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 Dead of Trust and the Note to Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee
<br />:hail 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 reconveyanee of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee of any
<br />feconveyance may be described as "the person or persons legally entitled theralo."
<br />f IGHTR Trustor acknowledges that his/her current financial position is an important factor in Beneficiary's decision to advance the funds
<br />r by the af rn
<br />oraentlonell note. Trustor therefore has agreed In order to provide assurance to Beneficiary with regard to Trustor:
<br />Manorial pooitkw4 that it stall bean event of default for Trustor to aglow any lien or encumbrance other than this deed of trust and the lien for taxes which
<br />we not W due and payable to be p1laced on oil of any part of the properly described above arid allowed to remain a lion for 180 day(s)EXCEPT
<br />a hart jumor and IMartor to this dead of trust may be placed on all or a part of said property in favor of tione
<br />none
<br />in apriflotpountnottoexiesd none
<br />N am l$ )
<br />Lto be pWAjd of record no later then n0 to is
<br />WNTH: Except for any notices, demands, requests or other communications required under applicable law to be given in another manner,
<br />whe(evfrr &raf,frc,ery. Trustor or Trustee gives or serves any notice lincluding, without limitation. notice of default and notice of Sale). demands.
<br />farqueets of other commufucahons with respect to this Deed of Trust, each such notice. demand request or other communication shall tie in
<br />wrtttng and shell be effective Onty if the same is delivered by personal service Or mailed by cart -fled mail, postage- prepaid, return raceipf reque,tted. w
<br />as to the address of the party to whom matted as set forth at the end o1 the Dead of trust Any ovary may of any time change its address
<br />€irr each nr+hctfs try def+yenfil of meflirrg to the other parties hetelo, as aforesaid, a notice W Duch change Any notice hereunder shall he deemed
<br />to have been goarn if) tnlstot (if Befurlicisfy when given in the manna? deskinslod harem
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