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86--- x.04862
<br />(c) After paying the Items specified in subparagraph (b), 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 sale shall be applied In the order stated below to the payment of:
<br />(1) Cost of an evidence of title procured In connection with such sale and of any revenue required to be paid;
<br />(2) Attorneys fees;
<br />(31 All sums then secured hereby and any liens having priority aver 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) 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 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 Deed-
<br />- of Trust, if the Beneficiary is not a bank. - - - -
<br />(12) 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 />dltions of this Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed In connection with this transac-
<br />lion. 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, 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 hereun-
<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 underthe- terms
<br />. -
<br />of the Deed of Trust. - - - -
<br />(15) Option to Foreclosure. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in.
<br />the manner provided by law for the foreclosure of mortgages on real property. - - - -
<br />(16) Forebearance by Beneficiary or Trustee Not a Waive. Any forebearance by Beneficiary or Trustee In exercising any right or remedy
<br />hersunder,or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewlse, the ..
<br />waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be waiver of any other or similar
<br />defaults subsequently occuring. - - - --
<br />(17) Trustor Not Released. Extension Of the time for payment or mode #:cation 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 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) Beneficiary'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 portton of the property not then or theretofore released as security
<br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (i) release any person so liable, (li) 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 />veyed at any time at Beneficiary's options any parcel, portion or all of the Property. (v) take at release any other or additional security for any - -
<br />obligation herein mentioned. or(vi) make compositions or other arrangements with debtors in relation thereto. _ -
<br />(19) Rrcunveyance by Trustee. Upon written request of Beneficiary, stating that all 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 legally entitled thereto, without warranty, any pOrtlOn of the Property then held hereunder. The recitals in
<br />such reconveyance of any matters or facts shalt be conclusive proof 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 notices, demands, requests, or other communications required under applicable taw to be given in another man-
<br />ner, whenever Beneficiary, Trustor, or Trustee gives or serves any notice (Including, without limitation, notice of default and notice of sate), -
<br />demands. requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall
<br />be in writing and shall 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 or this Deed of Trust. Trustor hereby requests that a copy of any notice of -
<br />default, any notice of sale. required or permitted to be given the Trustor hereunder, be mailed toil at the address set forth at the beginning - -
<br />Deed of Trust ° ny party may at any time change its address for -such notices by delivering or mailing to the other parties hereto. as aforesaid, of thth is s -
<br />notice of sure change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated
<br />herein. - -
<br />(21) povemtng Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />(22) Successors and Assigns. This Deed of Trust and all terms, conditions and obligations herein 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" shall mean the
<br />owner and holder of the Note, whether or not named as Beneficiary herein..
<br />(23) Joint and Several Liability. All covenants and agreements of Trustor shalt be joint and several.
<br />(24) Severab!". In the event any one or more of the provisions contained In this Dead of Trust, or the Note or any other security instrument
<br />given in connection with this transaction shall for any reason be held to oe invalid, illegal or unenforceable in any respect, such inval orty.
<br />Illegality, or unenforceabifity shalt at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shelf
<br />be construed as if such Invalid, illegal, of unenforceable provision had never been contained herein or therein. If the lien of this Dead 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 />fialiy secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially securad portion of the
<br />debt, and all payments made on the debt, whether voluntary or under foreclosure of 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 />(25) Number and Gender; Captions. Whenever used herein, the singular number shall include the plural, the plural the singular. and the use of
<br />any gender shall be applicable to air genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and
<br />are not to be used to Interpret or define the provisions hereof.
<br />(261 Acceptance by Trustee- Trustee accepts this Trust wnea this Deed of TFJSt- duil, executed and acknowledged, is made a pSbiic record as
<br />providad by law
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