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86- 102705
<br />(_) Affil paying the items specified In subparagraph (bl, if the sale is by Trustee. of the propel court and other costs of foreclosure and sate if
<br />the $afe Is pursuant 10 Wdiciat forgC10SU7e, the propsedS Of gale Shall be applied in The Order Stated below to The payment of:
<br />(f) Cost of an evidence of title procured in connection with such sate and of any revenue required to be paid;
<br />(2)'Attorneys toss;
<br />(31 All sums then secured hereby and any +tens having prdority aver this one.
<br />(4) Junior trust deeds, mortgages, or other fiannoldefs: and
<br />(5) The remainder. if any, to The person or persons legally entitled aneretc.
<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 dead
<br />notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shat, not be obligated to pay or give: any confession of
<br />judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the
<br />costs of collection or the attorneys' fees, unless such acts of coi!eetion would not otherwise be prohibited by Nebraska law, provided, however,
<br />that 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
<br />of Trust, It the Beneficiary is not a bank
<br />(M Addillit" Socurity Insilrunionbs. Trustor. at its expense, will execute and delver 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 />Dead of Trust, which security instruments snail be additional security for Trustor 's faithful performance of ail of the terms, convenants and con-
<br />ditions of this Dead of Trust, the promissory notes secured hereby. and any other security ! nstruments executed in connection with this transac-
<br />tion. Such instruments shall be recorded or filed at Tfustor's expense.
<br />(13) AppOlntltMltl of Succosslar Trust". Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary. mailed to Trustor and recorded in the county or counties In which the Property 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 named heroin or acting. haroun-
<br />dolu
<br />(14) Inapaetbm. Beneficiary. at Its agents represef:tatives 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 at the acts ills authorized to perform under the terms
<br />of the Deed of Trust
<br />(15) Optli n to Foreclosure. Upon the accurrence of any detauit hereunder. Benefictary shall have the option to foreclose this Deed of Trust in
<br />the manner provided by law for the yoreclosure of mortgages on real property
<br />(16) Forebearance by Beneficiary or Trustee Not a Waiver. Any !orebearance by Beneficiary or Trustee m,, exercising any right of remedy
<br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exertlse of any such right or remedy, Likewise. the
<br />waiver by Beneficiary or Trustee of any default of Trustor under :his Deed of Trust shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occulting.
<br />(tT) Truolor Not Refes od. Extension at the time for payment or modification or amortization of the sums secured by this Deed of Trust gran-
<br />ted by Beneficiary to any successor In Interest of Trustof 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) eaneficiary's powers. Yadnout 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 i,en of charge o! this Deed of Trust upon any port ion of the property not then or theretofore released as security
<br />for the full amount at all unpaid obligations. beneficiary may, from time to time and without notice. ill release any person so liable, (if) extend the
<br />maturity or alter any of the terms of any such obligations. (fill grant other indulgences, (iv) release or reconvey. or cause to be released or recon-
<br />voyed at any time at Beneficlarj s options any parcel. portion or ail of the Property, (vi lake or release any other or additional security for any
<br />obligation herein mentioned. or +vii make compositions at other arrangements with debtors in relation thereto.
<br />I ill) Reeonvoyartee by Trust ". Upor, written request . ` Beneficiary staling that ail SUMS SeCared hereby have been paid, and upon surrender of
<br />this Deed of Trust and live Note to Trustee for cancellation and retention and upon payment by Trustor of Trustea s fees, Trustee 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 raConveyance of any matters or *acts Snail be conclusive proof of the truthfulness thereof The grantee in any econveyance may be
<br />described as "the person or persons legally enlibled thereto"
<br />(20) NOtWoo. Except for any notices. demands, requests, or ot", cornmunical,onif required under applicable law to be given in another man
<br />nor, whenever Beneficiary. Trustor, nr Trustee gives or Serves any notice tinuu(I:ng, without simitalion. notice of default and notice of sale),
<br />demands, requests or other Camrhu"tcattun will) respect To Tnis Deed it Rust, each such notice . demand, request or other communication shall
<br />be in writing and shall be effective oni; if the same is delivered by personal service or matted by ce,titied mail, postage prepaid, return receipt
<br />requested. addressed to the address as set !otir at the beginning of this Deed at Trust Trustor hereby requests that a copy o* any notice of
<br />default, any notice of sale, required or permitted To be given the TruSTO, hereunder be mailed to it at the address set forth at the beginning of this
<br />Deed of Trust Any party may at any time change its address for such notices by delivering or mailing To the other parties hereto. as aforesaid, a
<br />notice of such change Any notice nereuncier shall oe deemed 10 have been given to Truster or Beneficiary when given in the manner designated
<br />herein.
<br />(21) Governing Law. This Deed of Trust snail be governed by the laws of the State u' Nebraska
<br />122) Successor and Assigns. This Deed of Trust and at; terms, conditions and owigations herein at`.ply to and inure to the benefit of and bind
<br />all parties hereto. Thai, heirs legatees. dewsees, persona; representatives successors and assigns The term 'Beneficiary shall mean the
<br />owner and hoider of the Note, whether or not named as Benehciary herein
<br />(23)Joint and Several Liability. All covenants ano agreements of Trustor Shalt be Iotrt and several
<br />(241 Sowrabiltty. in the event any one or more )! the pfavistons 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 :n any respect. such Invalidity.
<br />lfegstity, or unentorceawlily shall, at the option of Benehclary 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 prov:sion had never been contained herein or therein. If the lien of this Deed of Trust is
<br />Invalid or unenforceable as to any pan of the debt. or tf the tier, is invalid of unenforceable as to any part of The Properly, the unsecured or pat
<br />hairy secured portion of The debt sham be comGete!y Said prior to the payment of the remaining and secured or partially secured portion of The
<br />debt, and all payments made on the deet. whether voluntary or under foreclosure or other enlorcamenl action or procedure, shall be considered
<br />to have boon first Palo on and applied to the fQfl payment of trial portion of the debt which is not secured or not fully secured by the lien of this
<br />Deed of Trust
<br />Of Number and asnder, Captions. Vithenever used herein the singular number shall include the plural. the plural. The singular, and the use at
<br />any gander small be applicable to ali gende,s The captions and headings of the paragraphs of iris Deed of Trust are for convenience only and
<br />are not to to used to interpret of cofine :vie nrovls;O" hereof
<br />(26) Acceptance by Trust ". T,ustee accects !his Trust xnen this :teed of Trust duly executed and acknowledged S made a public record as
<br />provided by law
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