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86- 1061722
<br />(C) After (laying the Items specified in subparagraph (b), if the sale is by Trust", or the proper court and other costs of foreclosure and sate it
<br />the sale Is pursuant to judicial foreclosure, the proceeds of sale shall be applied In the order stated below to the payment of:
<br />(1) Cost of an evidence of title procured in connection with such sale and of any revenue required 10 be paid;
<br />(7y Attorneys fees;
<br />(3)AIF sums then secured hereby and any liens having priority over this one;
<br />(4) Junior trust deeds, mortgages, or other lienholders; and
<br />M The remainder, if any, to the person or persons legally entitled thereto.
<br />(d) If the Beneficiary of this Deed of Trust is s bank as defined by Nebraska law, any statement contained in any other section of this deed
<br />be to receive or take and debtor shall not be obligated to pay or give: any confession of
<br />notwithstanding, The Beneficiary shall not entitled
<br />Illdglffef1t, power of attorney to confess judgment, power of attorney to appear for a borrower in a Judicial proceeding or agreement to pay the
<br />posts of collection or the attorneys' tees, uniees such acts of collection would not otherwise be prohibited by Nebraska law, provided, however,
<br />to the Trustee fee referred to in paragraph B (b), provided further, that this paragraph shall not apply to this Deed
<br />that this section doss not apply
<br />of Trust, If the Beneficiary Is not a bank.
<br />(12) Ai/geaN Secor if InsMlnnNrM. Trustor, at Its expense,, 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 Trustor's faithful performance of all of the terms, convenants and eon.
<br />ditions of this Deed of Trust, the promissory rotes secured hereby, and any other security Instruments executed in Connection with this transac-
<br />tlon. Such instruments shall be recorded or filed at Trustoes expense.
<br />(13) AppsNNtnerit of Successor Trustee. Beneficiary may, from time to time, 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 or successors to the Trustee named herein or acting hersun-
<br />def.
<br />(14) hkrpselbns. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of
<br />I 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 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 />(18) Forebserance by BenMâ–ºclary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable law, shall rot 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 similar
<br />defaults subsequently occuring.
<br />(17) Trustor Not Relaesed. 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 />Trustoes successor in interest.
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<br />(18) lettefidery's Powers. 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 lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />beneficiary may, from time to time and without notice, (1) raise" any person so liable, (III extend the
<br />for the full amount of all unpaid obligations,
<br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences. IN) release or retxmvey, or cages to be released or recon-
<br />veyed at any time at Beneficiary's options any parcel, portion or all 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) Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby havebeen paid, and upon surrender of
<br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's lees, Trustee shall reconvey
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<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 reconveyance of any matters Or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be
<br />described as "the person or persons legally entitled thereto ".
<br />(20) Notices. Except for any notices, demands, requests, or other communications required under applicable law to be given In another man-
<br />Beneficiary, Trustor, or Trustee gives or serves any notice (including, without limitation, notice of default and notice of sale),
<br />ner, whenever
<br />demands, requests or 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 if 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 />it set forth at the beginning of this
<br />default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to at the address
<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 />(21) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />(22) Successors and Assigns.'rhis Deed of Trust and all terms, conditions and obligations herein apply to and Inure to the benefit of and bind
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the
<br />owner and holder of the Note, whether or not named as Beneficiary herein.
<br />(23)Joint and Several Liability. All covenants and agreements Of Trustor shall be joint and several.
<br />(24) Selrerebiifty. 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 shall for any reason be held to be invalid. illegal or unenforceable in any respect, such invalldity.
<br />illegality, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall
<br />be construed as If such invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust is
<br />invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Property, the unsecured or par-
<br />the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the
<br />tially secured portion of
<br />debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall 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 of this
<br />Deed of Trust.
<br />(25) Number and Gender, 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 headings of the paragraphs of this Deed of Trust are for convenience only and
<br />are not to be used to interpret or define the provisions hereof.
<br />(28) Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as
<br />provided by law.
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