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86- 143883
<br />fc) After paying the items specified in subparagraph 1b), if the sale is by Trustee. or the proper court and other costs of foreclosure and sale if
<br />the sale is pursuant to judicial foreclosure, the proceeds of safe shai! be applied in the order stated below to the payment of:
<br />Ii) Cost of an evidence of title procured in r0fine8tion with such sale and of any revenue required to be paid;
<br />(2) Attorneys fees;
<br />(3) All sums then secured hereby and any iiens having priority over this one:
<br />(4) Junior trust deeds, mortgages, or other lienholders: and
<br />(5) The remainder, it any. to the person or persons legally entitled thereto
<br />(d) It the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained In any other section of this dyad
<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
<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 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 Dead
<br />of Trust, if the Beneficiary is not a bank.
<br />(1T Additional Security 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 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 faithful 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 title transac-
<br />tion. Such Instruments shall be recorded or filed at Trustor's expense.
<br />(13) Appointment of Successor Trustee. 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 heraun-
<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 Deed of Trust
<br />115) Option to Foreclosure. Upon: The OCCUrrOPCO of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust In
<br />the manner provided by law lot the foreclosure of mortgages on real property.
<br />(16) Forebeararl by Beneficiary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy
<br />hereunder, or otherwise afforded by 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 gran.
<br />ted 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 shat; 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) Beneficiary's Powers. Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men -
<br />ifoned.. 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 ail unpaid obngalions, benefictary may, from time to time and without notice, (1) release any person so liable, (if) extend the
<br />maturity or after any of the terms of any such Obilgall;rns. (fill grant other Indulgences. (lift release or reconvey, or cause to be released or recon-
<br />veyed at any time at Beneticiary's options any parcet, portion or all of the Property, (v) take or release any other or additional security for any
<br />obligation herein mentioned, or (v0 make compositions or (,that arrangements with debtors in relation thereto.
<br />(19) Reeonveyence by Trust ". Upon written request of eeneti(.tary staling that at! sums secured hereby have been 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, or the person or persons iegaPy entitled Thereto without warranty, any porLon of the Property then Feld hereunder. The recitals in
<br />such reconveyance of any matters Or facts shall be i:onciuslve ")rotor of the truthfulness thereof The grantee in any reconveyance may be
<br />described as "the person or persons legally entitled Thereto
<br />(20) Notices. Except for any polices demands, requests :)r c.-the, - om,luntcauclhs required under applicable law to be given in another man-
<br />ner, whenever Beneficiary. T-51w. u, Tru"!ea gives ear serves atly notice :Inciudiog, without limitation, notice of default and notice of sale),
<br />demands, requests or other v+ilR respec! :o Itl,s [:ear: of 'rust eacn such nonce. demand. request or other communication shall
<br />be in writing and ii,all be effective on;y ii ,r,e same is deh,ered by .arse ^al service o, rna,ted oy certified mad, postage prepaid, return receipt
<br />requested, addressed to the address as set forth at tre beginning of tills Deed el Trust Trustof hereby requests that a copy of any notice of
<br />default, any notice of sale, required or uerrn!lleu 10 be give,: Me rustni Hereunder. he maned to it at the address set lorth at the beginning of this
<br />Deed of Trust. Any party may at any time change its address to, such sauces by deiiveling or maiiing to The other parties hereto, as aforesaid, a
<br />notice of such change Any notice hereunder snail he deemed to have oean given To'tuslor or Beneficiary, whon given in the manner designated
<br />herein
<br />{21) Governing Law. This Deed of Trust shad be governed by !re ,awn of tine State 11 r,lebrasKa
<br />(221 Successors and Assigns. Tnts Deed of Trust and ali Ia—Ti, conditions a ,i oo�igatiorls herein apply to and inure to the benefit of and bind
<br />all parties hereto, their hens, legatees devisees. pefsonai represen±aLvas. su•:ressors an(.1 assigns. The term Beneficiary' shall mean the
<br />owner and holder of the Note wnettles Of not named as Beneficiary iereln
<br />123)Joint and Several Liability. All covenants anti ayieaments of Trustor shalt be joint urd several
<br />24) Ssverabillty. in the event any one or mere of The provs,ons (.seat ai',P.d rt, this Deed of Trust, or the Note or any other security instrument
<br />given in connection wfln tills transaction shall TOr any reason be neld to be invalid, ;:legal or unenforceable in any respect, such invalidity.
<br />illegality, or unenforceab;hty shall, at the cpbon c! Beneficiary, not affect any alms, provision of this Deed of Trust, but this Deed of Trust shall
<br />be construed as if such invalid, ,ilegal. Or •uneriforcea. to provls,or had never been contained herein of Thereiin, if the lien of this Deed of Trust is
<br />invaitd or unenforceable as TO any ;•art of the debt. br if the lien is invalid Of unenfarcaabi0 as to anv pan of the Property, the unsecured or par
<br />tally secured portion of the debt snali ne compleley paid prier to The paymeni of the remauung and secured or partially secured portion of the
<br />debt, and all payments made of the debt. vi hetme: v:?:untary Of d'iv'er fUreCi0s4re Of Other erllorCemenl action or procedure, shelf be considered
<br />to have been first paid on and applied Io the !ul: payment of that portion of The eebt which -.s no! secured cr not fully secured by the Iran of this
<br />Deed of Trust
<br />(25; Number and Gender, Captions. Ylnenever uses herein, The singular numbe, shat; nciude this ; n,ral. the piurai, the singuiar. and The use of
<br />any gender shall 1A applcable to at; genders Thai CaptNUts an,- l,P.adingS of the pafagraphs of this Geed of Trust are for convenience only and
<br />are not to be used if) interpret or define tile. prov,sions nereol
<br />(26) Acceptance by Trustee_ T•,,siee aCr spiv r „�y I "si � i.e.r, ;his ;,Ned r31 Tnist duty executes and acxnowtadged is made a pubiir re:;ord as
<br />provided by taw
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