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86 102779
<br />to After paying the items specified in flubparawaith tbt. it the asst► is by Trustee, Or the PFOW court and other costs of foreclosure and sale if
<br />the "IS ie pwauaM to l"C1a1 foreclOa UM, the WOCA*ds of sale sftait be apiptled in the carder stated below to the payment of_
<br />(t) CM d'art iwidanco of title procured in connection with suo safe and of any revenue required to be paid,
<br />M AN vents titan secured hereby and any bons; having priority ova this one,
<br />(+) Junior Huse dNds, mortgages. or other t enhokWa; and
<br />The rentsinder. if any. to Me person or persons egsay entitled thereto.
<br />(d) if the Beneffclsry of this Deed of Trust is a bank as defined by Nebraska law. any statement contained In any other section of this deed
<br />re-Na h—Vaftlling, The Soneftciar; shall not be entitled to raceive or take and debtor shall not be obligated to pay or give: any confession of
<br />)edginertt, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the
<br />coots of collection or the attorneys' fees, unless such acts of collection 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, if the Berieficlary is not a bank.
<br />(IX AMIMMei:eewtty Watruments. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />inetrvmenis So Maybe repaired 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 fc.lihful 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 transact
<br />ten. Such Instruments Shall be recorded or, filed at Trustor's expense.
<br />113) At1 olintmeM of Succeaeor Trwelos. Beneficiary may. from time to time. by a written instrument executed and acknowledged by
<br />Beneficiary, malted 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 herein or acting hereun-
<br />der.
<br />(14j Mspeetletts- 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 Deed of Trust.
<br />(15) Option to Ftrreeloswo. Upon the occurrence of any default hereunder, Beneficiary shalt have the option to foreciose this Deed of Trust in
<br />the man, W Provkh'id by law fat the !creciosure of mortgages on real property.
<br />(16) iaMserenice by Beneficiary, or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy
<br />hsteuf dW, of otherwise afforded by applicable law, shalt 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 similes
<br />default& subsequently occuring,
<br />(tn Trwalor Net Released. Extension of 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 Trustor shall not operate to release, in any manner, the Stability of the original Trustor and
<br />Trustor's successor in Interest. Beneficiary Ehaii 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 />118) Mary'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 property not then or theretofore released as security
<br />for the full amount of all unpaid obligations, beneficiary may, .rom time to time and withou' notice: (I) release any person so liable, (Ii) extend the
<br />maturity or altar any of the tams 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 mentloned, or (vi) make compositions or other arrangements with debtors in rotation thereto
<br />(19) Reconvi yanaby Truatow upon written request of Beneficiary stating that all sums secured hereby have been paid, end upon surrender of
<br />this Deed of Trust and the WX* to Trustee for cancellation and retention and upon payment by Trustor of Trustee s fees. Trustee shall reconvey
<br />to Trustor, or the person or persons tegativ entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in
<br />Such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any reconveyance may be
<br />described as -me person of persons legally entitled thereto".
<br />(20) Notices. Except for any notices, demands. ' equesis, of other communications required under applicable law to be given in another man-
<br />na, 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 Lornmunlf aticn, with respect to this Deed of Trust, each such notice. demand, request or other communication shall
<br />be in writing and shat) 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 of this Deed of Trust Trustor hereby requests that a copy of any notice of
<br />de.autt, any notice of sale, required or Permitted to be given the Trustor hereunder, be mailed to it at the address set forth at the begir.,,ing of this
<br />Deed of Trust. Any party -nay at any time change its address !or such notices ny delivering or mailing!'.) the other parties hereto, 9s aforesaid. a
<br />notice of such change Any notice hereunder shalt be deemed to have been given to Trustor or Beneficiary, when given in the manner designated
<br />herein.
<br />(21) Gorerrahp Law. This Deed of Trust sha;l be governed by the laws of the State of Nebraska.
<br />(22) Sualtoseeors and Assigns. This Deed of Trust and all terms, conditions and obligations net sin apply to and inure to the benefit of and bind
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shalt mean the
<br />owner and holder of the Note, whether of not named as Beneficiary herein
<br />(23) Johd and Several Liability- All covenants and agreements of Trustor shat: tie joint and several.
<br />124) sewteb". 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 neia 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 shalt
<br />be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein. If 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 />tially 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 ine debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered
<br />to have 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 />i2S) tilwatber and Gender; Captions. Whenever used herein, the singular number shall Include the plural, the plural, the singular, and the use of
<br />arty gender shatl be applicable to all genders. The captions and headings of the paragraphs of trills Deed of Trust are for convenience only and
<br />are not to be used to interpret or define the provisions hereof.
<br />(26) AcCopsaam by Trustee. Trustee accepts this Trust when this Deed of Trust. dui y executed and acknowledged, is made a public record as
<br />provided bylaw
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