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<br />if teas sale Is Postponed for longer than one 11) may beyond the day designated in the Notice of Sale,
<br />notice thereof shot be giver in the Same ma "nor as ties original notice of safe. Trustee shal1 execute
<br />and deliver to race purchaser its 2era(1 coo*veyfpg the property so sold. but without any covenan+ or
<br />warranty, express or implied. The recitals In the Deed of any matters or facts shalt be conclusive
<br />proof of the truthfulness thei 1. Any person, including without llmitatian, Beneficiary or Trustee may
<br />purchase at the seie. Sala sale shalt be conducted at the real estate f�e!ng a part of the Property or
<br />at the court hawse in the county in which the Property to be sold, or some pert +hereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein. Trustee shat! apply the proceeds of the sale to
<br />paymaant of the costs and expenses of ewers §sing the power of safe and of the sale, including, without
<br />fimi +ation, the payment of Trustee's fees incurred, which Trustee's fees shall not in +he aggregate
<br />exceed the sum of five Hundred and no /100ths tS500.003 oius 1/2 of 1% of the amount secured hereby and
<br />remaining unpaid and than to the Items set forth in subparagraph (c) of this paragraph FIFTH In the
<br />order therein stated.
<br />lc) After paying the items specified in subparagraph fb? of this paragraph FIFTH, if +he sate Is by
<br />Trustee, or the proper court and other costs of foreclosure and sale If sale Is pursuant to iudlcla!
<br />foreclosure, the proceeds of sale shelf ,a applied in the order stated below to the payment of: V
<br />it) Cost of any evidence of title procured in connection with such safe :)nd ct my revenue
<br />required to be paid;
<br />(2) At! sums then secured hereby;
<br />(3) The remainder, if any, to the ;+error; or persons legally en+ItIed thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of ,)afoul+ and a copy of any
<br />Notice of Sale provided for herelnabove be mailed to each such party at his post office address set forth
<br />herein. Upon the occurence of any default hereunder, Beneficiary shad have the option to foreclose this Deed of
<br />Trust In the manner porvided by law for the foreclosure of mortgages on real property.
<br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, wilt execute and deliver to
<br />Benei%Tary, promptly upon request, such security Instruments as may be required by Beneficiary, in a form and
<br />substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which security
<br />instruments shall be additional secrulty for Truster's faithful performance of all of the terms, covenants and
<br />conditions of +his Dead of Trust, the Note and indebtedness secured hereby, and any other security instruments
<br />exectued in connection with the indebtedness secured by this Deed of Trust; and at such lns+ruments shed be
<br />filed and recorded at Trustee's expense; (b) Beneficiary may, from time to time, by written instrument executed
<br />and acknowledged by Beneficiary, mailed to Truster and recorded in the county or counties in which the Property
<br />IS located anti by otherwise complying with the provisions of the applicable laws of the State of Nebraska,
<br />substitute a sucessor or successors to the Trustee named herein or acting hereunder; (c) although the Trustee,
<br />or his successor or successors, may be an agent of, -or attorney for, or otherwise connected with the Beneficiary,
<br />such fact shall not be construed to disqualify him to act as such Trustee, nor shat! such fact prevent the
<br />Trustee or Beneficiary from bidding at a sale and buying any part or all of the Property at any safe hereunder;
<br />(d) that if It should be necessary or appropriate for the protection of the security hereby conveyed or
<br />enforcement of the debt hereby secured, for the Trustee or the Beneficiary to institute or become n party to any
<br />proceeding or suit in a court of bankruptcy or probate or other court of general or limited jurisdiction, all
<br />expenses and costs properly incurred by said Trustee or said Beneficiary +including reasonable attorneys' fees)
<br />paid or Incurred by said Trustee or 5enefic!ary in Inaintairing, prosecuting or defending such proceeding or
<br />profectIN their respective rights hereunder shalt be an additional debt secured by this Deed of Trust In like
<br />manner with the pr 1 nc 1 pa i debt herein described; :e) Beneficiary. or its agents, representatives or workmen,
<br />46
<br />are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting
<br />the same and for the purpose of performing any of the acts it is authorized to perfora: under the terms of this
<br />heed of Trust; (f) any forbearance by Beneficiary or Trustee in exercls)ne any right or remedy hereunder, or
<br />otherwise afforded by applicable taw, shalt not be a waiver of or prec i ude the exercise of any such right or
<br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of
<br />Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g) extension of
<br />the time 4or payment or modification or amortization of the sums secured by this Deed of Trust granted by
<br />Beneficiary to any successor in interst of Trustor shalt not operate to release, in any manner the liability of
<br />the original Trustor an Truster's successor in interest. Beneficiary shall not be required to commence
<br />proceedings against such successor or refuse to extend the time for payment or otherwise modify amortizatton of
<br />the sums and indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor and
<br />Trustee's successors in interest; (h) without affecting the !lability of the Trustor or any other person liable
<br />for the payment of the obligations and indebtedness secured by this Deed of Trust, and without affecting the lien
<br />or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for
<br />the full amount of ail unpaid obligations, Beneficiary may,. free time to time and without notice (1) release any
<br />person so Itable, ail) extend the maturity or altar any of the terms of arty such opt !gotten, (lei) grant other
<br />indulgences, fly) release or reconvey, or cause +o be released or reboff'veyed at any time at Beneficiary's option
<br />any parcel, scrtion or ail of the °roper't'i, (y) take or release any other or additional security for any
<br />obligation or indebtedness herein mentioned, or Iv1) make compasltlons or other arrangements with debtors In
<br />relation thereto; (1) in addition +o the rights and powers given to the Trustee and Beneficiary herein, the
<br />Bef ficlay shall have all such other rights both in law and equity for collection of the indebtedness secured
<br />hereby as It wa;id have but for this Do" of Trust; 1j) all covenants and agreements of Trustor set for-ft± in
<br />this Deed of Trust shall be joint and several; (k) this Deed of Trust shall be governed by the laws of the State
<br />of Nebraska; (1) In the event any one or more or the provisions contalned in this Deed of Trust, or +he Note or
<br />any other security Instrument given in connection with the Indebtedness hereby secured shot for any reason he
<br />held to be Invalid, Illegal or unenforceable In any respect, such invalidity, illegality, or unenforeceablitly
<br />shell, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust
<br />shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or
<br />therein. If the lien of this 'Deed of Trust is invalid or unenforceable as to any pert of the indebtedness hereby
<br />secured or evidenced by the Note, or If the lien is envaiid or unenforceable as to any part of the Property, the
<br />unsecured or partially secured portion of such indebtedness shat! be completely paid prior, to the Payment of +he
<br />remaining end secured or partially secured portion of such indebtedness, and all payments made on such
<br />indebtedaess. whether voluntary or under foreclosure or other enforcement action or procedure, shall he
<br />considered to have been first paid on and applied +o the full payment of that portion of such Indebtedness which
<br />Is sot secured or not fully secured by the lien of this Deed of Trust; and (m) The covenants and agreements
<br />contained in this Dee; of Trust shall bind. and The benefits and advantages hereof shot! inure tc +he respective
<br />heirs, ameculors, administrators, successors and assigns of the parties hereto. Where ver used herein, +he
<br />s{ liar number shall include the plural and conversely, and the use of any gender shall be applicable +o all
<br />ganders. Wherever the frnms "9eneficlarym is used herein, it shell include +fie legal holder or holders of the
<br />Not or ftee Indebtedness secured hereby.
<br />SEVENTY: :#pop written reawest of Beneficiary s +eliN that all amounts and indebtedness secured herebv have
<br />been
<br />plTd,-and upon surrender of this Deer of Trust one the Note to Trustee for the canceila +!on and retrn. +ton
<br />and upon payent by Trustor of -rus+ee''6 fees, Trustee shall reconvey to Truc+or, or the Person or perSonG
<br />legally etailtted thereto, without warranty, any portion or the pf -c"rty then held by Trustee hereunder. The
<br />re[.e101S in such reeonvoyapce of any matter's or facts she's! be Cgnclusive proof cf the +ruthfui "SS Isereof,
<br />grantee Of or reconveyance may be described as "taws persor or persons Inertly en+! +n PC
<br />£i a14TH; Except for any ticwS. demands. regL!!s +s r, �'har r'aimmunicet lonS ^RCu +rRC u ^fRr
<br />ae Von ad+pther` Kenner. wherever bomefltiery, Trustor "_-ar T'QS +ne nive �r
<br />•itfxtq)t Iisitatlu" n'tire of 3ef suit and *cf'ce :f Sale.), 94Tma nds, rRQLeasf ."M* rsr,-. ,. �,�. •� fir, Py „f -•
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