In
<br />W Affair paying the items specified In subparagraph (b), if the sale is by Trustee, or the proper enurt and atflN costs off 10 5 5 2 3a If
<br />ter sale is pursuant to Judicial foreclosure, the proceeds of sale shell be applied in the order slated below to the payment of:
<br />(i) Cost of an ttvidsnce of title procured In connection with such sale and of any revenue required to be paid;
<br />M Actor "ll feel;
<br />(31 AN stare then secured hereby and any lions having priority over this one;
<br />114 Junior INV deeds, mortgagee, or other INnholders; and
<br />a The remainder, if any, to the person of parsons legally entitled lhHato.
<br />(dl If ter beneficiary of this Dead of Trust is a bank as defined by Nebraska tow, any statement Contained in any other section of this deed
<br />notwlthstand". The beneficiary shall not be entitled to receive or take and debtor shell not be obfigated to pay or give: any confession of
<br />judpeiertt, power of attorney to confess Judgment, power of attorney to appear for a borrower in a Judicial proceeding or agrs~t to pay the
<br />cows of oolteetion or the attorneys' ties, Unitas such acts of collection would riot otherwise be prohibllod by Nebraska law, provided, howsm,
<br />that this section does not apply to the Trustee tea referred to in paragraph E (b), provided further, that this paragraph shalt not apply to this Osed
<br />of Trust M the Beneficiary Is not a tank.
<br />CM Add MMW iaswky kwbum*nW Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />lots p may be required by Beneficiary, In form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />Ond of TrM, which security Instruments shall be additional ttecurity for Trustor's faithful performance of all of the terms. Convenanls and cony
<br />ditnit of this Dead of Trust, the prom s" notes secured hereby, and any other security Instruments executed In connection with this transac-
<br />tion. Such Instruments shaft be recorded or filed at Trustor's expense.
<br />(13) Appeinpaerrt of Saoosseor Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by
<br />BenefWary, 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 Slate 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 under the terms
<br />of the Dead 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 />(ia) Faeiespnq by tienMkdary or Trustee Not a waiver. Any foratearance by Beneficiary or Trustee in exercising any right Or remedy
<br />heratnder, Of 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 shalt not be deemed to be a waiver of any other or similar
<br />defaults subsequently occuring.
<br />(l7) Tn#Mw Not AeNaaad. Extension of the time for payment or modification 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 />01111i bepaMdary's Powex . 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 lion or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />for ter full amount of ail unpaid obligations, beneficiary 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 obligations, (Ili) grant other indulgences. (tv) release or reconvey, or cause to be released or recon-
<br />veyed at any time at Beneficiary's options any parcel, portion or su of the Property. (v) take or 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) #econveyonoe by Tnwtas, 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 Nob to Trustee for cancellation and retention and upon payment by Trustor of Tn.istee's fees. Trustee shall reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in
<br />such neconveyance of any matters or facts Shalt be conclusive proof of the truthfulness thereof The grantee in any reconveyance may be
<br />described as "ter person or persons legally entitled thereto"
<br />(20) Nallose. Except for any notices, demands. requests, or other communications required under applicable law to be given in another man.
<br />net, whenever Be foliclery. Trustor, of Trustee gives of serves any notice (Including, without limitation, notice of default and notice of sale),
<br />demands, requests of 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 it 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 of this Deed of Trust Trustor hereby requests that a copy of any notice of
<br />default, any notice of saie, required or permitted to be given the Trustor hereunder, be mailed to it at the address set forth at the beginning of this
<br />Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a
<br />notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated
<br />herein.
<br />(211 GovernNrg Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />122) Suctomesers 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 tereio, their heirs, legatees, devisees, personal representatives, successors and assigns The term "Beneficiary" shall mean the
<br />owner and holder of the Note. whether of not named as Beneficiary herein
<br />123) J06M NW Hewitt LFabNity. All covenants and agreements of Trustor shall be joint and several.
<br />(241 U MebOy. In the event any one or more of the provisions contained in this Deed of Trust, or the Note or any other security instrument
<br />given in connection with this transaction shalt for any reason be held to be Invalid, illegal or unenforceable in any respect, such invalidity.
<br />illegality, or unentorcgbility shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust. but this Deed of Trust shat)
<br />be construed as if such invalid. Illegal, or unentorceable provision hail never been contained herein or therein,. If the lien of this Deed of Trust is
<br />Invalid of unenforceable as to any part of the debt, or If the Hen is invalid or unenforceable as to any part of the Property, the unsecured or par -
<br />tlally secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the
<br />deft. and ail payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shalt 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 or this
<br />Deed of Trust.
<br />(25) Number said GerN , 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 all genders. The captions and Readings of the paragraphs of this Deed of Trust are for convenience only and
<br />ere not t0 be used 10 Interpret or define the provisions hereof
<br />(26) Aeeeptaeee by Trustee. Trustee accepts this Trust when this Deed of Trust. duty executed and acknowledged. is made a puoUc record as
<br />provided by law.
<br />I
<br />
|