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84 161169
<br />11. Makrallso Von Oak*; IMwe"t Sete. Upon default by Trustor in the payment of or performance of the terms and conditions of
<br />the NaM, or anlr rowwals, moorvations or extensions thereof. or the payment of any other indebtedness secured hereby or in the performance
<br />of any of the cernvetnetlts ar apaentents hereunder, eeteficiary may declare all sums secured hereby immediately due and payable and the same
<br />s" Il1terennpon i sce n -duo and payable without presenlnwM, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to
<br />Trustee a written declaration of defafit and demand for sale. Trustee sMN hove the power of sale of the Property and if Beneficiary decides the
<br />Pmp rty is to be sold it shall deposit with Trustee this Deed of Treat and the Note or notes and any other documents evidencing expenditures
<br />seared hereby, and shall deliver to Trustee o written notice of default and election to cause the Property to be sold, and Trustee, in turn, shall
<br />pi "s a skailor notice in the form required bylaw which shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice of
<br />Sale having boon given as required by law, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order
<br />as Trustor may determine an date and at the two and place designated in said Notice of Sole, at public auction to the highest bidder, the pur-
<br />chase price payable in cash in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or she
<br />deems expedient, postpone the salt from time to time until it shall be completed and, in every such case, notice of postponement shall be given
<br />by public declaration thereof by such person at the time and place lost appointed for the sale; provided, if the sale is postponed for longer than
<br />one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the some manner as the original Notice of Sale.
<br />Trustee shall execute and deliver to the purchoer its Deed conveying the Property so sold, but without any convetant or warranty, express, or
<br />WOW. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation Trustee, may purchase at the sole.
<br />(b). When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment 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 not
<br />in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the balance
<br />thereof; and then to the items set forth in subparagraph (c) hereof in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale
<br />if the salt is pursuant to judicial foreclosure, the proceeds of sale 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) Attorneys fees;
<br />(3) All sums then secured hereby;
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />(5) The remainder, if any, to the person or persons legally entitled thereto.
<br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed
<br />notwithstanding, the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give; any confession of judg-
<br />ment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the costs
<br />of collection of the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law. Provided, however, that
<br />this section does not apply to the Trustee fee referred to in paragraph 6 (b). Provided further, that this paragraph shall not apply to this Deed of
<br />Trust, if the Beneficiary is not a bank.
<br />12, AddlIll"d Security hwtrae mh. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such secu6_
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<br />ty instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by
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<br />this Deed of Trust, which security instruments shall be additional security for Trustor's faithful performance of ail of the terms, covenants and
<br />conditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this tron-
<br />t,
<br />section. Such instruments shall be recorded or filed of Trustor's expense.
<br />13. Appeietteeet of Seccesser Trustee. Beneficiary may, from time to time, by o written instrument executed and acknowledged by
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<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provi-
<br />sions of the applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />14. hopectlene. Beneficiary, or its agents. representatives or workmen, are authorized to enter at any reasonable time upon or in any part
<br />of the Property for the purpose of inspecting the same and for the purpose of performing ony,of the acts'it1 outhroized to perform under the
<br />terms of the Deed of Trust. -
<br />15. Option to fwecilm. 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 foreclosure of mortgages on real property.
<br />16. F —1 on by Oeasheiery Net a 1Maiiver. Any forebeorance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the waiver by Beneficiary of
<br />any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br />17. Tester Net Mele aW. Extension of the time for payment a. modification or amortization of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original 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. /taeffeimy's Fe so . Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice, (i) release any person so liable, (ii)
<br />extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be
<br />released or reconveyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional
<br />security for any obligation herein mentiored, or NO make compositions or other arrangements with debtors in relation thereto.
<br />14. Femwe Adveaeee, Upon request of Trustor, Trustee at Trustee's option, prior to reconveyonce of the Property to Trustor, may make
<br />future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed when evidenced by promissory
<br />rotes stating that said notes ore secured hereby; provided that at no time shall the secured principal, future advances, not including sums ad-
<br />vanced to protect the security, exceed on aggregate principal amount of S,-
<br />20. ftw 6 tome by Troet". Upon written request of Beneficiary stating that all sums secured hereby hove been paid, and upon surrender
<br />of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall
<br />reconvey to Trustor, or the person or persons legally entitled thereto: without warranty, any portion of the Property then held hereunder The
<br />recitals in such reconveyrmce of any matters or fats shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may
<br />be described as "the person or persons legally entitled thereto"
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