66--' 105442
<br />' may elect and in such order as Trustee may determine on the date and
<br />at the time and place designated in said Notice of Sale, at public
<br />auction to the highest bidder, the purchase price payable in cash in
<br />lawful money of the Untied States at the time of sale. The person
<br />conducting the sale may, for any cause he or she deems expedient,
<br />postpone the sale from time to time until it shall be completed and,
<br />in every such case, notice of postponement shall be given by public
<br />declaration thereof by such person at the time and place last appointed
<br />for the sale; provided, if the sale is postponed for longer than one
<br />(1) day beyond the day designated in the Notice of Sale, notice
<br />thereof shall be given in the same manner as the original Notice of
<br />sale. Trustee shall execute and deliver to the purchaser its Deed
<br />conveying the property so sold, but without any covenant or warranty,
<br />express or implied. The recitals in the Deed of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. Any person,
<br />including without limitation, Beneficiary or Trustee may purchase at
<br />the sale. Said sale shall be conducted at the real estate forming a
<br />part of the Property or at the court house in the county in which the
<br />Property to be sold, or some part thereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall
<br />apply the proceeds of the sale to payment of the costs and expenses of
<br />exercising the power of sale and of the sale, including, without
<br />limitation, the payment of Trustee's fees incurred, which Trustee's
<br />fees shall not in the aggregate exceed the sum of Five Hundred and
<br />no /100ths Dollars ($500.00) plus 1/2 of 1% of the amount secured
<br />hereby and remaining unpaid and then to the items set forth in sub-
<br />paragraph (c) of this paragraph FIFTH in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b) of this
<br />paragraph FIFTH, if the sale is by Trustee, or the proper court and
<br />other costs of foreclosure and sale if sale is pursuant to judicial
<br />foreclosure, the proceeds of sale shall be applied in the order stated
<br />below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with
<br />such sale and of any revenue required to be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder, if anv, to the person or persons legally
<br />entitled thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of
<br />any Notice of Default and a copy of any Notice of Sale provided for herein -
<br />above be mailed to each such party at his post office address set forth
<br />herein. Upon the occurrence of any default hereunder, Beneficiary shall
<br />have the option to foreclose this Deed of Trust in the manner provided by
<br />law for the foreclosure of mortgages on real property.
<br />SIXTH: Trustor specifically agrees that (a) Trustor, at its ex-
<br />pense, wi'T1 execute and deliver to Beneficiary, promptly upon request, such
<br />security instruments as may be required by Beneficiary, in a form and
<br />substance satisfactory to Beneficiary, covering any of the Property con-
<br />veyed by this Deed of Trust which security instruments shall be additional
<br />security for Trustor's faithful performance of all of the terms, covenants
<br />and conditions of this Deed of Trust, the Note and indebtedness secured
<br />hereby, and any other security instruments executed in connection with the
<br />indebtedness secured by this Deed of Trust; and all such instruments shall
<br />be filed and recorded at Trustor's expense; (b) Beneficiary may, from time
<br />to time, by written instrument executed and acknowledged by Beneficiary,
<br />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
<br />applicable laws of the State of Nebraska, substitute a successor or succes-
<br />sors to the Trustee named herein or acting hereunder; (c) although the
<br />LLTrustee, or his successor or successors, may be an agent of, or attorney
<br />for, or otherwise connected with the Beneficiary, such fact shall not be
<br />construed to disqualify him to act as such Trustee, nor shall, such fact
<br />prevent the Trustee or Beneficiary from bidding at a sale and buying any
<br />part or all of the Property at any sale hereunder; 1(.) that if it
<br />necessary or appropriate for the protection of the st --c-urity herel-. :-onve, {ei
<br />or enforcement of the debt hereby secured, fnr tho Tru Styr• r,r flit,
<br />
|