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<br />86-- 10502.7
<br />10 After navinq the items specified in suboaragraoh (bl., if the sale is by Trustee. or the proper court and other coEte of ft rerrnetrre enrf sale if
<br />the sate Is Pursuant to judicial foreclosure. the proceeds of sale shelf be applied in the order stated below to the payment of:
<br />(1) Cost of an evidence of title procured in connection with such safe and of any revenue required to be paid;
<br />(2) Attorneys fees;
<br />(3) All =Bums !hen secured hereby and any liens having Priority ;:et this one:
<br />f4) Junior trust deeds, mortgages, or other fienhotders: and
<br />(5) The remainder, if any, to the person or persons legally entitled thereto.
<br />_ - - (d) if the Beneficiary of this Dead of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed
<br />notwfthsianding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: arty 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 attomeys' 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 S (b), provided further, that this paragraph shall not apply to this Deed
<br />of Trust, If the Beneficiary is not a bank.
<br />(12) AdMO*W Searrfty instruments. Trustor, at its expanse, 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 Trustoe's faithful performance of all of the terms, converisots and con-
<br />- ditions of this Deed of Trust, the promissory notes secured hereby. and any other security instruments executed in connection with this transac-
<br />tion, Such instruments shall be recorded or filed at Trustor s expense.
<br />(13) Appafntrnertf of Succesaw Trustee. Beneffoiary may. from lime to lime, 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 of successors to the Trustee named herein or acting hsteun-
<br />.. der. - - -
<br />(14) inapeettons. Beneficiary, or its agent's, representatives or workmen, are authorized to enter at any reasonable ttme 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 foreclosure, upon ?he occurrence of anv defautt hereunder. Beneficiary shall have the option to foreclose this Deed of Trust in
<br />the manner provroed by is* for the foreclosure of mortgages on real property.
<br />(16) Forebeennce by Berieffclary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any
<br />right of 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.sirther
<br />defaults subseauamly occuring. - -
<br />07) Trustor Not Refsased. Extension of the time for payment or modification or amortization of the sums secured by this Dot of Trust Van-
<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 />Trustoe's successor in interest. Beneficiary shalt not be reamfed to commence proceedings against such successor of refuse to extend time tar
<br />payment or otherwise modity amortization of me . sums secured by this Deed of Trust by reason of any demand made by the original Trustor and
<br />Trustor'= successor in interest -
<br />(lBt SsMficiary's
<br />Powers. Without affecting fire liability of ire Trustor or any other person liable for the payment of any obligation herein man -
<br />tioned. and without affecting the lien or charge of this Deed of Trust upon any portion of the properly not then or t1heretofoe released as security -
<br />for the full amount of all unpaid obligations. beriefrciary may, from time to time and without notice,;i) release any person so liable, (h) extend the
<br />maturity or alter any of the terms of any such obigations, :iii) grant other indulgences. (iv) release or reconvey, or cause to be released of tecon-
<br />- rayed at any time at Beneficiary's options any Parcel, ooriion or Bit of the Property. (v) take or release any other or additional security for any
<br />obligation herein mentioned, or toil make ComPOsdions or otherarrangements with debtors in €alelion tfiwafa,
<br />_ (1% Reconeeyance by TruNee. upon written request W Beneficiary stating that all sums secured hereby have been paitl_ and upon surrender of
<br />Ittts Deed of Trust and the Note to Trustee for cancalistion and retention and upon payment by Trustor of Trustee's tees, Trustee shalt reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty. any portion of the Property . then held hereunder. The'.recilals in
<br />.sucrl reconveyance of any matters or facts snail be conctua+lhl, proof of the truihfufngss thereof. The grantee in any teconveyance may be
<br />described as -the person or Persons legally entitled thereto,, - - -
<br />(20) Natices. Excepl for any notices. demands_ rwoesis, or other communications required under applicable law to tm given in another man- -
<br />_..mar: whenever Beneficiary, Trustor. Trustee gloss or serves any notice 1, without limitation, native of default and notice of sate),
<br />demands, requests or other communication wfth respect to this Dead of Trust, each such notice, demand, request or other communication shall
<br />be in writing and snail be effective only if the same is delivered by personal service of mailed by certified mail, ,postage prepaid, return receipt
<br />requaa.ed. addfessed to the address as set forth at the beginning or this Deed of Trust. Trustor hereby requests that a -copy of any motto. of
<br />default. any notice of sale. required or parmifled to be given the Trustor hereunder, be malted to it at the address at forth at the begium lag of this
<br />DOW of Trust. Any party may at any time change its address for Such notices by deffi efumg of mailing to the other parties hairdo, as aforesaid, a
<br />notwe of such change. Any notice hereunder . shall be deemed to !lave been given toTrusior or Beneficiary, when given in the manner designated
<br />- .herein
<br />i21) Quveming Law, This Deed of Trust shall be governed by the laws of the Slate of Nebraska.
<br />(221 Successors and Assigns. This Dead 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, tegatess, devisees, personal representativas, successors and assigns The term -Bermficiary., shelf rnsert the
<br />owner" and holder of ire Note, whether or not named as Beneficiary herein.
<br />- (23)Jolnt and S"Wal Liablifty, All covenants and agreements of Trustor shall be jot nt.and several.
<br />424) S"er•blitty. It-, the event any one or more of the Provisions contained in this Deed of Trust, or the Note of any other security instrument
<br />_ - given in connection with this transaction shall for any reason be held to bee invalid, illegal or unenforceable in any reSDecl. -such invalidity,
<br />Ffegafty'. or unenforosabitily shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but thrs Deed of Trust shall
<br />be construed as if such invalid, illegal, or unenforceable provision had new been contained herein or therein_ If the Tian of this Deed of Trust s
<br />.mvahC or unenforceable as to any part of the debt, of if the lien is invalid or unenforceable as to any part of the Proparly, the unsecured of pw-
<br />tiaity secured DoftiM, of the deal shall be completely Palo prior to the payment of Five remaining and secured or partiaf)y' secured potion of the
<br />debt. and all Payments :Wade or, the debt, whether voluntary or under foreclosure or other enforcement action at prodedure, stsa1 be considered
<br />to have been Tarsi Paid on and applied to the toil payment of that portion of the debt which is not secured or not fully secured by the Iran of this
<br />Dees of Trust.
<br />!25) Number and Gender: Captions. Whatu ver used herein, the singular rtuhmbw shall Inc the Plural. lne.Pturai, the singular. and the use of
<br />any gander shell be applicable to ail genders; The captions and headings 01 the Paragraphs of this Deed of Trial are for corn ahience only and
<br />.. #re not to be used to interpret or define the provisions hereof. - -
<br />- -.. i261 Accaptmce by Trustee. Trustee accepts this Trust when iris Dead OT Trust. duty executed and acknowledged, is maoe a Pubitc record Ct
<br />-_ Orvviu by +aw - - -
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