a
<br />ifl) Tie warranty of title sat made herein, or any Other repreaantotlon or warranty made by the Tmator In any financfdl si "stemknl ports aui 4t
<br />40 o 9enshclauy shoji be broached, (sin, or materially mielevang,
<br />17. ACCOMAYMN UPON OWAKT, A TONAI MMKMS. Should an Event of Default occur, Beneficiary may doctors all Indebtedness wauried
<br />hereby to be Ow and payable and ►he were shall thereupon become due and payable without any presentment, demand, protest or notice of any kind.
<br />Tharaafta Monefiotory may:
<br />(b( Commence an action to lomiase this DOW of Trust s s a mortgage, to meek deficiency on the Indebtedness after foreclosure without any limits-
<br />ibn ntheM" applicable under the Nebraska Trust Deeds Act, to appolnt a receiver, and to otherwise specifically enforce any of the covenants
<br />or Previews howl;
<br />(0) Donlon to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Truslor's Interest In
<br />the Trust Estate to be said under the power of sets contained twain, which notice Trustee shall cause to be duly flied for record In the ap-
<br />• Official Records of the County in which the Trust Estate Is located, all to the extent required by applicable law;
<br />Qdl PH' such sums AS It deems necessary to protect the Trust Estate and cure any default of the Trustor;
<br />(e) Exercise all rights and remedies available to It under the Nebraska Trust Deed$ Act,
<br />18. FOftCLOS ME BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall
<br />notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby
<br />as Trustee any require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and
<br />Notice of Sal* as then required by taw and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may therm be re•
<br />gtdred by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, set the Trust Estate
<br />at the thrK and place of sale fixed by it in such Notice of Sole, either as a whole, or In separate lots, parcels or Items as Trustee shah deem expe-
<br />OWN. and In such order s@ It may determine, at public auction to the highest bidder for cash in lawful money of the United Staten, or cortifled
<br />chock, payable at the time of sale. Trust** Shall deliver to such purchaser or purchasers thereof its good and sufficient deeds conveying the
<br />Property so Sold, but without any covenant or warranty, express or Implied. The recitals in such dead of any matters or facts Shall be coacluSlve
<br />proof of the truthfulness thereof. Any person, Including, without limitation, Trustor, Trustee or Beneficiary, may purchase of such sde and
<br />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As ray be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust Incurred In connection with any such
<br />d~ or sale or foreclosure or all of them, including costs of evidence of title In connection with sale, a Trustee's fee, as provided below, and
<br />any attorneys' fees incurred by the Trustee, Trustee shall apply the proceeds of sale to payment of p) all sums expanded under the terms hereof,
<br />not then repaid, with accred interest at the default rate provided in the Note, (If) all other sums then secured hereby, and (ill) the remainder, if
<br />any, to the person or persons legally entitled thereto,
<br />(c) Trusts@ may In the manner provided by law postpone eels of all or any portion of the Trust Estate.
<br />19. FAMEM NOT EXCLUSIVE, Trustee and Beneficiary, and each of them, Shall be entitled to enforce payment end performance of any In-
<br />dobledississ obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loaf Instrument or other agree•
<br />mart or any Was now or ereattar In face, notwithstanding some or all of such Indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise warred, whether by mortgage, deed of trust, pledge, lion, assignment or otherwise. Neither the acceptance of this teed of Trust nor Its err
<br />fercomorh wheher by cowl action or pursuant to the power of We or other powers herein contained, shoji prejudice or In any manner afled Trustee's
<br />or Betkiay's dot to realize upon or enforce any other security now or hereafter hold by Trustee or Beneficiary, It tiring agreed that Trustee and
<br />aW oMOh of them, Stoll be entitled to enforce this Deed of Trust and any other security now Or hereafter held by Beneficiary or Trust" In
<br />auct odor and scorer as they or ether of them may In their absolute discretion determine. No remedy herein conferred upon or reserved to Trusts* or
<br />Berottotaryr is Intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be In addition
<br />to dvery other remedy given hereunder or now or hereafter existing at law or In equity or by statute. Every power or remedy given by any of the Loan In•
<br />strums nts to Trustee or Beneficiary and ether of then may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary
<br />from o"Wag a deficiency judgment against the Trustor to the extent such action Is permitted by law.
<br />20, INAMWE OF THE PROPERTY; AMWTION. If all or any part of the Trust Estate or interest therein is sold, transferred or otherwise conveyed by
<br />Truster without Beneficiary's prior written consent, excluding:
<br />(W A Transfer by devise, descant, or by operation law upon the death of the trustor;
<br />(b) The Watt of any leasehold Interest not otherwise contrary to the tams hereol; or
<br />such action gins ties too right of acceleration under this Deed of Trust or the Lan Instruments and Beneficiary may, at Benetielery's option, decleroall
<br />sue secured by this Dead of Trust to be immediately due and payable, or cause the Trustee to file a notice of default if all such sums we not paid
<br />wMn thirty M days of notice of acceleration. Beneficiary shall have waived such option to accelerate if, prior to the Sale, transfer or conveyance,
<br />and the pawn to wham the property Is to be sold or transferred reach agreement In writing that the credit of such person is Satisfactory to
<br />Ro Beneficiary and that the Interest payable on the sums secured by this Dead of Trust shall be at such rats as B*nefieiay shall request.
<br />21. FAKRNW FOR NOTICE. Trustor hereby requests a copy of any notice of default or notice of sale hereunder be mailed to it at the address set forth
<br />in the first polograph of this Deed of Trust.
<br />22, GOVOMM LAW AND WAIYEII. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or
<br />ciaus@ of sm, of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which
<br />con be given effect without the confikbng provision, and to this end the provisions of the Loan Instruments we declared to be saveroble. This Inatru•
<br />rant can be waived, changed, discharged or terminated only by an instrument in writing signed by the party against wham enforcement of any waiver,
<br />conga, discharge or tonrannatfon to sought.
<br />The acceptance by Beneficiary of eery sum after the same is duo $hail not constitute a waiver of the right titter to request prompt payment, when
<br />duo, of ab other Sumo hereby secured or to declare a default a herein provided. The acceptance by Beneficiary of any sum In an amount less than the
<br />sow tits@ due state be dams@ an scoopritaince on account only and upon condition that it shall not constitute a waiver of the obligation of Truster to pay
<br />the onthe sum thorn ore, and Truslor's failure to pay the entire sum then due shall be and continue to be a default notwithstanding such acceptance of
<br />such WROUM on account, ee oforessid, and Beneficiary or Trustee shall be at all tines thereafter and until the entire sum then due shah hors been paid,
<br />Slid "Ww the Scostflance by Beneficiary thereafter of further sure on account, or otherwise, entitled to exercise all rights in this Instrument
<br />conferred willow them, or *Ww of them, upon the occurrence of a default, and the right to proceed with a sale under any notice of default, and election to
<br />In rev sop W imparr*d, whether any of such amounts are received prior or subsequent to such notice. Consent by Beneficiary to any transac-
<br />ten or action of Trustor which is subjocl to consent Or approval of B*nefioiery hereunder shall not be deemed a waiver of the right to require such can•
<br />sera er to future Of w transactions or actions.
<br />29. MOWIYAWA BY MAYBE. Upon satisfaction of all of Ttustor'S Obligations under the Loan Instruments, and upon written requ *el Of
<br />S@OOW" that at sums Secured hereby Mw been paid, and upon surrender, of this Deed of Trust and the Note to Trustee for cancellation and
<br />refenticn and upan payingfiq by Trustor of Trustee's tees, Trustee shell reconvey to Trusfot, or the poison or persons legally antilled thereto, without
<br />wary, any partpers of the Trust Estate then held hereunder The recitals In such reconvoyanoo of any matters or facts shall be conclusive proof of the
<br />1 thereof. The Wantee in any fecorrveyance may he described as' the pawn or persons legally entitled thereto."
<br />24 . fairy, Truster at Trustee Whet desire Id giv* of servis any notice, demand, request or other communication with
<br />folijisal to ford# Dud Of 71`6011. each Mgt notice, domand. request of Other communication shall be in writing and shall be oflac:llve only ,1 the SAM to
<br />+nee a by certified mail, parsiallis prepaid, OddMOSArd to the address set forth at the tmginning of this Owed of Tluat
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