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if the sale Is postponed for longer than one (1) day beyond the day designs Wa -TIT iFs Notice of Sale, <br />notice thereof shall be given in the same manner as the original Notice of salo :— Trustee shell execute <br />and deliver to the purchaser its Deed conveying the property so sold, but without any covenant or <br />warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including without limitation, Beneficiary or Trustee may <br />fr purchase at the sale. Said sale shall be conducted at the real estate forming a part of the Property or <br />at the court house in the county to 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 safe to <br />payment of the costs and expenses of exercising the power of sale and of the sale, Including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate <br />exceed the sum of Five Hundred and no /100ths 3500.00) plus 1/2 of 1% of the amount secured hereby and <br />remaining unpaid and then to the items set forth to subparagraph (c) of this paragraph FIFTH in the <br />order therein stated. <br />(c) After paying the Items specified in subparagraph (b) of this paragraph FiFTH, If the sale is by <br />Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial <br />foreclosure, the proceeds of sale shall be appiled in the order stated below to the payment of: <br />(I) Cost of any evidence of title procured in connection with such sale and of any revenue <br />required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, If 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 <br />Notice of Sale provided for hereinabove be mailed to each such party at his post office address set forth <br />herein. Upon the occurence of any default hereunder, Beneficiary shall 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, will execute and deliver to <br />Bene- TcTary, 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 secuuity for Trustor's faithful performance of all of the terms, covenants and <br />conditions of this Deed 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 all such instruments shall be <br />filed and recorded at Trustor's expense; (b) Beneficiary may, from time to time, by written instrument executed <br />and acknowledged by Beneficiary, mailed to Trustor and recorded In the county or counties in which the Property <br />is located and 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 shall such fact prevent the <br />Trustee or Beneficiary from bidding at a sale and buying any part or all of the Property at any sale 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 a 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 Beneficiary in maintaining, prosecuting or defending such proceeding or <br />protecting their respective rights hereunder shall be an additional debt secured by this Deed of Trust in like <br />manner with the principal debt herein described; (e) Beneficiary, or its agents, representatives or workmen, <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 perform under the terms of this <br />Deed of Trust; (f) any forbearance by Beneficiary or Trustee In exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be d waiver of or preclude the exercise of any such right or <br />i 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 for 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 shall not operate to release, in any manner the liability of <br />the original Trustor an Trustor'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 amortization of <br />the sums and indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor and <br />Trustor's successors in interest; (h) without affecting the liabTITf`y of-'fW TYU any other person liable <br />for the payment of the obligations and Indebtedness secured by this Deed of Trust, and d thout 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 all unpaid obligations, Beneficiary may, from time to time and without notice (i) release any <br />person so Ifable, (i1) extend the maturity or alter any of the terms of any such obligation, (111) grant other <br />indulgences, fly) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option <br />any parcel, portion or all of the Property, (v) take or release any other or additional security for any <br />obligation or indebtedness herein mentioned, or (vi) make compositions or other arrangements with debtors in <br />relation thereto; (1) in addition to the rights and powers given to the Trustee and Beneficiary herein, the <br />Beneficiary shall have all such other rights both In law and equity for collection of the indebtedness secured <br />hereby as it would have but for this Deed of Trust; (j) all covenants and agreements of Trustor set forth 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 contained In this Deed of Trust, or the Note or <br />any other security instrument given in connection with the Indebtedness hereby secured shall for any reason be <br />held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforeceablitiy <br />shall, 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 iIon of this Deed of Trust is Invalid or unenforceable as to any part of the indebtedness hereby <br />secured or evidenced by the Note, or If the Ifen is invalid or unenforceable as to any part of the Property, the <br />unsecured or partially secured portion of such Indebtedness shall be completely paid prior to the payment of the <br />remaining and secured or partially secured portion of such Indebtedness, and all payments made on such <br />indebtedness, whether voluntary or under foreclosure or other enforcement action or procedure, shall be <br />considered to have been first paid on and appl led to the full payment of that portion of such indebtedness which <br />Is not secured or not fully secured by the Ilan of this Deed of Trust; and (m) The covenants and agreements <br />contained in this Deed of Trust shall bind, and the benefits and advantages hereof shall Inure to the respective <br />hairs, executors, administrators, successors and assigns of the parties hereto. Wherever used herein, the <br />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 shell include the legal holder or holders of the <br />Note or the Indebtedness secured hereby. <br />SEVENTH: Upon written request of Beneficiary stating that all amounts and Indebtedness secured hereby have <br />L been Pia, and upon surrender of this Deed of Trust and the Note to Trustee for the cancellation and retention <br />and upon payment by Trustor of Trustee's fees, Trustee shell reconvey to Trustor, or the person or persons <br />legally entitled thereto, without warranty, any portion or the Property then held by Trustee hereunder. The <br />recitals In such reconveyence of any matters or facts shall be conclusive proof of the truthfulness thereof. The <br />grantee of any reconveyance may be described as "the person or persons legally entitled thereto." <br />EI(,iilN: Except for any notices, demands, requests or other communications required under applicable law to <br />be given n another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice ilncludl q, <br />without limitation, notice of default and notice of sale), demands, requests or other communications wl +h respect <br />to this Deed of Trust, each such notice, demand, request or other communication shall to ?n writing and shall 1r <br />efflctive only 11 the same Is delivered by personal service or mailed by certified mall, costmqo prepalo, return <br />r'ecelpt requested, addressed to the address cf the party to whom malled ns set forth "e fhv end of this Pend , ^f <br />