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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 />