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<br />86- 100813 I
<br />(c) After paying the Herne SWIT'jld in subparagraph (W if the sate is by Trustee, O€ the proper court and other costs of lOreclosure and sale if
<br />the tale is pursuant to judicial foreclosure, In* proceeds of sale shall be applied in the order stated below to the payment of:
<br />(1) Cost of an evidence of Ittlie procured in connection with such sale and Ot any revenue required to be paid:
<br />(Z Attorneys toss:
<br />(*Alb sumis then secured hereby and any Betts having priority over this one;
<br />(4) JunW trust deeds, mortgages, or Other IWhOtders; and
<br />(S) The remainder. it any, to ten person of persons legally entitled thereto-
<br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by tebraska law, any statement contained in any other section of this deed
<br />notwttfistanding, The Senefictary shall not be entitled to receive or take and -40010" shall not be obligated to pay or give: any confession of
<br />judprnent, power of attorney 10 confess judgment. pourer of attorney to appear for a borrower in a judicial proceeding or agreement to pay the
<br />coats of t, power O or !ne atftxneys' fees. unless such acts of collectkm would not otherwise be prohibited by Nebraska law, provided, however,
<br />that this section does not apply to the Trustee fee refereed to in paragraph S (bl. provided further, that this paragraph shall not apply to this Deed
<br />of Trust, if the Beneficiary is not a bank.
<br />(1M AddMonN ` ooWhy bWkvmont,L Trustor.. at lls expense, will execute and dsilver to the Beneficiary, promptly upon demand, such security
<br />Instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Deed of Trust, which security instruments shall be additional security for Trustor'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 />tion. Such instruments snail be recorded or filed at Trustor's. expense.
<br />(131 ApeMikeens of Successor Trusses. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, matted to Trustor and recorded in the county or counties in which the Propert, 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 rained herein or acting hereun-
<br />der.
<br />(14) hwPocdo ra. 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 Dead of Trust.
<br />(15) opdon 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 foreciosure of mortgages on real property.
<br />(16) Forebearanee by Beneficiary or Trustes Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising 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 Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occuring.
<br />(17) Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed Trust t and
<br />a
<br />led by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original l Trustor and
<br />Trustor's successor in interest. Beneficiary shall 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 Trustor and
<br />Trustor's successor in interest.
<br />(18) Beneffoiary's Powers. Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men-
<br />tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the properly not then or theretofore released as security
<br />for tie full amount of all unpaid obligations, beneficiary may, from time to time and without notice, ('t) release any person so liable, (ii) extend the
<br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences. (iv) release or reconvey, or cause to be released or recon-
<br />veyed at any time at Beneficiary's options any parcel, portion or all of the Property, (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 relation thereto.
<br />(19) RecaMyanee by Trusbe. Upon written request of Beneficiary stating that ail sums secured hereby have been paid. and upon surrender of
<br />this Deedof Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trust," shall reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in
<br />such reeonveryance 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, requests, or other communications required under applicable law to be given in another man-
<br />ner, whenever Beneficiary. Trustor, or Trustee gives or serves any notice (including, without 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 beginning or this Deed of Trust. Trustor hereby requests that a copy of any notice of
<br />default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to it at the address set lorth at the beginning of this
<br />Dead of Trust. Any party may at any time change its address for such notices by delivering or malting to the other parties hereto, as aforesaid, a
<br />notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated
<br />herein.
<br />(21) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />122) Successors and Assigns. This Deed of Trust and all terms, conditions and obligations herein apply to and inure 10 the benefit of and bind
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the
<br />Owns, and holder of the Note, whether or not named as Beneficiary herein.
<br />(23) Joint! and Several Liability. All covenants and agreements of Trustor shall be joint and several.
<br />(24) SewrabNify. 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 transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
<br />Illegality, or unenforceability 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. 11 the lien of this Deed of Trust is
<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 />tistly 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 all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered
<br />to stave 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) NUMMW end Gender; Captfoos. Whenever used herein., the singular number shall include the plural, the plural. the singular, and the use of
<br />any gender snail be appticsole to all genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and
<br />are not to be used to interpret or define the provisions hereof.
<br />(2$) Aowptanoa by True%*. 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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