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(^�7j 146303 (c) After paying the items specified in subparagraph ib), it the sale is by Trustee, or the proper court and oUr costs of foreclosure and sale If the sale Is pursuant to Judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of: (1) Cost of an evidence of title procured in connection with such sale and of any revenue required to be paid; (2) Attorneys fees; (3) All sutra then secured hereby and any liens having priority over this one; (4) Junior trust deeds, mortgages, or other lienholders; and (b) The remainder, if any, to the person or persons legally entitled thereto. (d) If the Beneficiary of this Dead of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower In a judicial proceeding or agreement to pay the costs of collection or the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, however, that this section does not apply to the Trustee fee referred to in paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed of Trust. If the Beneficiary is not a bank. t'12) AddRfonal sswrtty instruments. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security Instruments as may be required by Beneficiary, In form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust, which security Instruments shall be additional security for Trustor's faithful performance of all of the terms, convenants and con- ditions of this Dead of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transac- tlon. Such Instruments shall be recorded or filed at Trustor's expense. (13) Appel th m 11 of Sueesssor Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded In the county or counties in which the Property is located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun- der. (14) InspsetbM. Beneficiary, or its agents, representatives or workmen. are authorized to enter at any reasonable time upon or in any part of 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 of the Deed of Trust. (15) Option to Foreclosure. Upon the occurrence of any default hereunder. Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. (16) Forobaarance by Bsrieftiory or Trustee Not a Wohisr. Any torebearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the 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 defaults subsequently occuring. (17) Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran- 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 TrUatOr's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for 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 Trustor's successor in Interest. (18) Sonsflelary's Powers. Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men- 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 for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (i) release any person so liable, (if) extend the maturity or alter any of the terms of any such obligations. (iii\ grant other indulgences, (iv) release or reconvey, or cause to be released or recon- 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 obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (19) Recon"yance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in such reconvoyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto". (20) Notices. Except for any notices, demands, requests, or other communications required under applicable law to be given in another man nor, whenever Beneficiary, Trustor, or Trustee gives or serves any notice (including, without limitation, notice of default and notice of sale), demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall 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 requested, addressed to the address as set forth at the beginning or this Deed of Trust. Trustor hereby requests that a copy of any notice of default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to it at the address set forth at the beginning of this 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 notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated herein. (21) Govemling Law. This Deed of Trust shall be governed by the laws of the State of Nebraska (22) Successors and Assigns. This Deed of Trust and all terms, conditions and obligations herein apply to and inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. (23) Joint and Several Liability. All covenants and agreements of Trustor shall be joint and several. (24) Severablllty. In the event any one or more of the provisions contained in this Deed of Trust, or the Note or any other security instrument given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable In any respect, such Invalidity, Illegality, or unenforceabillly shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall 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 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 - Bally secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered 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 Deed of Trust. (25) Number and Gender: Captions. Whenever used herein, the singular number shall Include the plural, the plural, the singular, and the use of 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 are not to be used to interpret or define the provisions hereof. (26) Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust. duly executed and acknowledged, is made a public record as provided by law.