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86- 104093
<br />(c) After paying she items specified In subparagraph )b). if the sate is by Trustee, or the proper court and other costs of foreclosure and sale It
<br />the sale is pursuant to judicial foreclosure, the proceeds cif sit ;e shall be applied in the order stated nelow to the payment of
<br />(1) Attorneys fees and costs of col)echon;
<br />M Cost of any avidence of title procured in connection with such sale and of any revenue required to be paid,
<br />)3) All obligations secured by this Trust deed:
<br />14) The remainder, if any, to the person legally entitled thereto.
<br />7. Additional Security Instruments. Trustor, at its expense. will execute and deliver to the Beneficiary. promptly upon demand, such security
<br />instruments as maybe required by Beneficiary, inform and substance satisfactory to Beneficiary: covering any of the Property conveyed by this Deed
<br />of Trust, which security instruments shall be additional security for Trustors faithful performance of all of the terms. covenants and conditions of this
<br />Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transaction. Such
<br />Instruments shall be recorded or filed at Trustor 'a expense.
<br />8. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by Beneficiary.
<br />mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provisions of the
<br />applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />S. Inspections. Beneficiary, or its agents. representatives or workmen, are authorized to enter at any reasonable time upon or in anti pan of the
<br />Prgperry 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 of the
<br />Deed of Trust.
<br />10. Option to Foreclose. Upon the occurrence of any breach and upon the declaration of default hereunder, Beneficiary shall have the option to
<br />foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property.
<br />11. Forebearance 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 hereunder. Likewise,
<br />the waiver by Benefificary 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 occurring.
<br />12. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted
<br />by Beneficiary to any successor in Interest of Trustor shall not operate to release. In any manner, 10e liability of the ong n Trustor and Trustors
<br />successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or
<br />otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustors
<br />successors in interest.
<br />13. Beneficiary's Powers. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any obligation
<br />herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations. Beneficiary may. from time to time and without notice at the request of one or more Trustors
<br />(i) release any person so liable, (it) extend or renew the maturity or alter any of the terms of any such obligations, itu) grant other Indulgences,
<br />(iv) release or reconvey. or cause to be released or reconveyed at any time at Beneficiary 's options any parcel, portion or all of the Property, jv) take or
<br />release any other or additional security for any obligation herein mentioned (v;) make compositions or other arrangement swith debtors In relation
<br />thereto. All Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or any trustor as herein stated.
<br />14. Attorney Fees, Costs end Expenses. If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in
<br />any othersection of this deed notwithstanding, the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give:
<br />any confession of judgment, power of attorney to confess judgment. power of attorney to appear icr a borrower in a judicial proceeding oragreement
<br />to pay the costs of collection or the attorneys fees. unless the interest payable by the terms of the Note referred to m this deed is 16% per annum or
<br />less, or the note referred to in this deed is repayable in two or more equal or unequal -nstallments and over a period of more than one hundred forty -
<br />five (145) months. Provided, however, that this section does not apply to the trustee fee referred to In Paragraph 8.6ib). Provided further that this
<br />Paragraph 8.14 shall not apply to this Deed of Trust, if the Beneficiary herein is not a bank.
<br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums securer, 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 to
<br />Trustor. or the person or persons legally entitled thereto, without warranty, any pomon of the Property then held hereunder The recitals in such
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any reconvevance may be described as' "the
<br />person or persons legally entitled thereto.`
<br />16. Notices. Except for any notices, demands, requests or other commumcaROns required under applicable law to be given In another manner.
<br />whenever Beneficiary. Trustor or Trustee gives or serves any notice j,ncluding without ltr tlal,on, notice of default and notice of sa!el, demands,
<br />requests or other communication with respect to this Deed of Trust. each such notice. demand, request or other communication shall be in writing
<br />and shall be effective only d the same is delivered by pe'sor, I :en„ =e ur a ma !i• I ., , -. i. ,. n•a t .. p era -.! d Iress.d t t, " ad;lress as set torch. a: th?
<br />beginning of this Deen of Trust Anv Parry riav at any I „ri icte its - ndirs> > . 1. c,, s i. o-".- nr r ,s
<br />_ nil o• rr_i 1 �' - .! er parr, he' e. _ :rip rPo.car<I a
<br />notice of such change- Any hal, t:,: dei,n +es h. Herod
<br />17. Re0uest for No, c-e T-stc r and &°r -2f c a y her t.c re11 —! - n, r -, ... i. L. ,,,, i .. _. , , ,r.c._ . - i__,,. , ...i tie I u•:! :o
<br />- each person who ,s i party here o It h,,- ad f r —t tort ,o
<br />18. Governing Law. This Deed of Trust Shall be governed ov the laws of the State of Nebraska
<br />19. Successors aiidAssigns. This Deed of Twsl. and all terms cond,bens ann obbgahons herein. apply to and Inure to the benefit of and bands
<br />all parties hereto, their heirs, legatees, devisees, personal represe.watives succxssors anti assigns The !arm Benw - -y shali mean the owner and
<br />holder of the Note, whether or not named as Benehc :ary herc,n
<br />20. Joint and Several Liabdrty. Ali covenants and agreements of trustor shall be joint amr! severer
<br />21. Severabddy. In the event any —e Or more of the previsions conta,ned in ;h,s Dee.d of Trusl . a, the :dote or any other set mty instrument
<br />given In connection with this trensact,om shall for any reason he held ir, be. invalid, iilcgal or i ;menforc —hle nI wry respect Such :rival :d,iy, !itegali!y o.
<br />unenforceabihty shall, at the option of Beneficiary rat affect soy olner Oruv�sio rl of this Deed nl Trust. hot V +s Ueed of Trust snail rte roostri :ed as d
<br />such nivand, Illegal, or unentorceabte prevision had never been con!a,ned here,,, er therein If the lien of h:is De cf of Trust IS u?vand or unenforceable
<br />as to any part of the debt, or if the hen :s mvand or unenforceable as to any part of the Property. the unsecured of partially sec;ued portion ui me debt
<br />shall be completely paid prior to the pavmeht of the remaining soil secured or pan +ally secures porno,• of Ina debt, a,'•d all , ayniemts made or: the
<br />debtr whether voluntary or under foracins. ire ui oche, i, -'orcmemt az.hOn or o'edur e- snail rte co is ie ran ;s. have been firs! pain on and appi :ed to
<br />the full payment of that pO 1,bm of .he deli! which ,S r ,t se(.•Jred n "I'! .oily $eC. ri, r;n t,y !tire i:en iii Ili 5 -•j t;, ri l5!
<br />22 Number -OW Gender Whenever useo harem. n smquian �nihei sr fl .dune the aril ilia se of an
<br />p ur” y get 1 ;r soar ur app?icanie to alt
<br />genders.
<br />2J. Acceptance by Trustee Trustee ep!s this Trust when •!vs Der• I .;I T, "_. v , u tic +. .,r +f a , wl q•_••., n ,,,r , , , r, c:rn a
<br />provided -by law, s
<br />24. Trustee 4,ab ;ire'. 5n inng as ;rte Tr.;s _,.
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