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86--- 105248 <br />further, this Trust Deed :nay, at Lender's option, be declared immediately due and oavable it !t) Borrower s a <br />parnershio ano sells or assigns by any means whatsoever any par,nersnip interest. or 121 if Borrower is a corporation <br />and Borrower or its parent corporation sells or assigns by any means .whatsoever _ % or more of ,te stocK <br />of the corporation or parent corporation or if said Borrower or its parent corporation merces ,n any form ✓,t^ <br />another corporation or entity, or (3) if Borrower is a corporation and there is a change in the maiority of the mem- <br />bers of the Board of Directors of the Borrower or its parent corporation, or (4) if Borrower is a corporation and <br />there is a change in the person of Chief Executive Officer of said corporation or its parent corporation. Beneficiary <br />shall have waived such cotton to accelerate if, prior to the sale, transfer or conveyance, Beneficiary and the person to <br />whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satis- <br />factory to Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as <br />Beneficiary shall request <br />12. Acceleration upon Default: Remedies: Sale_ Upon default by Trustor in the payment of or performance <br />of the terms and conditions of the Note, or any renewals, modifications or extensions thereof, or the payment of <br />any other indebtedness secured hereby or in the performance of any of the covenants or agreements hereunder. <br />Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon become <br />due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to <br />Trustee a written declaration of default and demand for sale. Trustee shall have the power of sale of the Property <br />and if Beneficiary decides the Property is to be sold it shall deposit with Trustee this Trust Deed and the Note or <br />notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice <br />of default and election to cause the Property to be sold, and Trustee, in turn, shall prepare a similar notice in the <br />form required by law, which shall be duly filed for record by Trus ee. <br />(a) After the lapse of such time as may be required by law following the recordation of Notice <br />of Default, and Notice of Default and Notice of Safe having been given as required by law. <br />Trustee, without demand on Trustor, shall self the Property in one or more parcels and in <br />such order as Trustee may determine on the date and at the time and place designated in said <br />Notice of Sale, at public auction to the highest bidder, the purchase price payable in rash in <br />lawful money of the United States at the time of sale. The person conducting the sale may, <br />for any cause he or she deems expedient, postpone the sale from time to time until it shall <br />be completed and, in every such case, rmtice of postponement shall be given by public decla- <br />ration thereof by such person at the time and place last appointed for the sale; provided, if <br />the sale is postponed for longer than one (1) day beyond the day designated in the Notice of <br />Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee <br />shall execute and deliver to the pur&.aser its Deed conveying the Property so s^,Id, but <br />without any covenant or warranty, express, or implied - The recitals in the Deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including <br />without lirnt zztion Eenefia :cry or Trustee, may purchase at the sale. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the <br />sale to payment of the costs and expenses of exercising the power of sale and of the sale, <br />including, without limitation, the payment of Trustee's Fees incurred, which Trustee'_ Fees <br />shall not in the aggregate exceed the sum of Five Hundred and No/ 100 ($500.00) plus 112 <br />of 1% of the amount secured hereby and remaining unpaid and then to the items set forth <br />in subparagraph (c) hereof in the order therein stated. <br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper <br />court and other costs of foreclosure and sale if the sale is pursuant to Judicial foreclosure. <br />the proceeds of sale shall be applied in the order stated below to the payment of: <br />(1) Cost of any evidence of title procured in connection with such sale and of any reve- <br />nue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person legally entitled thereto. <br />13. Additional Security Instruments- Trustor, at its expense, will execute and deliver to the Beneficiary, <br />promptly upon demand, such saauriej instruments as map be required by Beneficiary, in form and substance satis- <br />factory to Beneficiary, covering any of the Property conveyed by this Trust Deed, which security instruments <br />shall be additional security for Trustee's faithful performance of all of the terms, covenants and conditions of this <br />Trust Deed, the promissory notes secured hereby, and any other security instruments executeo in connection twitn <br />this transaction. Such instruments shall be recorded or filed at Trustor's expense. <br />14. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument exe- <br />cuted and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska <br />substitute a successor or successors to the Trustee named herein or acting hereunder. <br />15. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at ary <br />reasonable time upon or in any part of the Pronerty for the Purpose of ;n;pecung the same anal for the purpi-,se -,, <br />performing any of the acts it is authorized to perform under trte term..s of tre T rust Deed. <br />Rev. 7i'34 Pai;;e 4 r,1 6 <br />