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(c) After paying the items specified in suhparagraph (t)f, it the sate is by Trustee, of the proper court and other costs of foreclosure and sale if
<br />the eats Is pursuant to judicial foreclosure, the proceeds of sale snail be applies, in the order Stated below to the payment of:
<br />(1) Cost of an evidence of title procured in cr� nnection wtth such sale and of any revenue required to be paid;
<br />i2) Attorneys feee: 86.102956
<br />,3) All sums than secured hereby and any Itens having priority over Inis one:
<br />(4) Junior trust deeds, mortgages, or other herholdfoM and
<br />M The remainder, if any, to the person or persons legally entitled thereto.
<br />4d) If the Beneficiary of this Deed of Trust is a belt as defined by "&breaks 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 shall not be obligated to pay M give: any confession of
<br />judgment, power of attorney to confess judgment, ;tower of attorney to appear for a borrower in a judicial proceeding of agreement to Pay this
<br />costs of collection or the attorneys` fees. unless such acts of collection would not otherwise be prohibited by Nebraska low. provided, hoeraver,
<br />that this section doss not apply to the Trustee lee referred to in paragraph 6 ib). provided further, that this paragraph shalt not apply to this Deed
<br />of Trust, if the Beneficiary is not a bank.
<br />(12) Additional SocuAty instruments. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand. such security
<br />instruments as may be required by Beneficiary, in form and substance satisfacto to Beneficiary, covering any of the Property conveyed by this
<br />Dead of Trust, which security instruments shall be additional security for Trustor's ry faithful performance of all of the terms, conwnants and con•
<br />ditions of this Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed In connection with this lranaac•
<br />lion. Such instruments shall be recorded or filed at Trustor 's expense.
<br />(13) Appointment of Successor Trustor. 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 herein Or aCting hereon-
<br />der.
<br />(14) Inspections. 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 Dead of Trust.
<br />(15) option to Foreclosure. Upon the occurrence of any default nereunder. Beneficiary shall have the option to foreclose this Doc1 of Trust in
<br />the manner provided by law for the foreclosure of mortgages on real property.
<br />(16) Foebearance by denefficlory or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee In exercising any right or remedy
<br />hereunder, or otherwise afforded oy applicable law, shall 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 similar
<br />defaults subsequently occuring.
<br />(17) Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust grol
<br />led 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 />(16) Beneficiary's Powers. Without affecting the natmity 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. neneficiary 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, (iii) grans 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 iv) take or release any other or additional security for any
<br />obligation herein mentioned. or fvi) rnake compositions or other arrangements with debtors in relalior. thereto.
<br />(19) Reconvtyancer by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have often paid. and upon surrender of
<br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee s fees, Trustee shall reconvey
<br />to Trustor, of the person or persons legally entitled ;hereto, without warranty. any portion of the Property then held hereunder The recitals in
<br />such reconvoyance of any matters or !acts shah be conclusive proof of the truthfulresS thereof The gian-tee in any reconveyance may be
<br />described as "the person of persons legally entitled thereto
<br />i20) Notices. Except for any notices. demands. requests or other communical tons required under applicable law to be given in another mar.
<br />ner. whenever Beneficiary, Trustor or Trustee gives or serves any notice (including without iimnal,on, notice of detaull and notice of safel.
<br />demands, requests or other ^.Om m:; niCafidn vest! respect tc ires Deed of Trust, each such noticoz . demand request or ether communication shall
<br />be in writing and shalt be effective Only it the same is delivered by personal service or malted by certtihed mail. postage prepaid return receipt
<br />requested, addressed to the address as set loran at the beginning or this Deed of Trust Trustor hereby requests that a copy of any notice of
<br />default, any notice of sale. required or perrnrtled to be 6.ven the Trustor 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 noticee by delivering or trial ling to the other part tes hereto. as aforesaid, a
<br />notice of such change. Any notice hereunder shalt ne deemed to have been given to Trustof or Beneficiary, when given in the manner designated
<br />herein.
<br />i21l Governing Law. This Deed of Trust snail be governed by the laws of the State of Nebraska
<br />(22) Succosaors and Assigns. This Deed of Trust and ail terms, conditions and obligations herein apply to and inure to the benefit of and bind
<br />all parties hereto, their heirs, legatees. Ceyisees peisonai representatives, suc CeSio.'s and assigns. The term 'Beneficiary ' shaii mean the
<br />owner and holder of the Note. wnetner or ncl r,ame6 as Benefrc,ary nerern
<br />(23) Joint and Several Liability. Alf covenants and agreements of Trustor snap be;ant and several
<br />(24) Serverabfifty. in the event any one or rno,e of the provisions contained in this Deed of Trust, or the Note or any otner security instrument
<br />given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
<br />liygaitty, or unenforceabtiily snail. iii the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall
<br />tan construed as if such invalid iilegai, or unenforceable provision had never been contained herein or therein. if *,he lien of this Deed of Trust is
<br />nvalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Property. file unsecured or par
<br />Bally secured portion of the debt s.hali De corn;iletely paid prior to the payment of the remaining and secured or partially secured portion of the
<br />debt, and ail payments male cfr. the loot whether voruma -y or under foreclosure or other enforcement action or procedure, shall be considered
<br />to have been first paid on and applied to the ^uu paymerl of that portion of the debt which is not secured or not fully secured by the lien of this
<br />Deed of Trust.
<br />(25) Number and Gender. Captions. DVhe,,ever used herein the singular number snail include the Drural, the plural, the singuiar, ano the use of
<br />any gander shall be applicable to all genders The capLons and hedd,ngs of the paragraphs Or this Deed of Trust are for c. onven:erce only and
<br />are not tO be used to intefpfer or de!!re the provisions hereof
<br />±26) Acceptance by Trustee, Trustee accepis tn.s Trust when rhrs Deed pf 't rust duly executed ano acknowledged, 's trade a public record as
<br />provided by law
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