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I (c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the Proper �� tand other costs of foreclosure and sale it 85 the sale 13 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 sums then secured hereby and any lions having priority over this one; (4) Junior trust deeds, mortgages, or other Ilenholders; and ,`. (5) The remainder, if any, to the person or persons legally entitled thereto. s (d) if the Beneficiary of this Deed 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. AdMilansl Instruments may b required by byy Beneficiary, Intform and substance t esatisfactory to Beneficiary ecovering any of the Property Deed of Trust, which security Instruments shall be additional security for Trustor's faithful performanc of Promptly o the terms, conve ants and con- s y conveyed by this ditlons of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed In connection with this transac- tion. Such Instruments shall be recorded or filed at Trustor's expense. (13) Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and ackn0ip10ged by Beneficiary, mailed to Trustor and recorded In the county or counties In which the Property Is located and by otherwise odor I Provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named'herrlln or acting with the Complying with the (14) InsmCkeeh Purpoc:,a,_y, or Its a--'ts, re rasentatives Of workmen, are authorized to enter at an reasonable time upon or In any 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. y p Y Part of (15) Option to Foreclosure. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust the manner provided by law for the foreclosure of mortgages on real property. In (16) Forbearance by Beneflclary or Trust@* Not a Waiver. Any frebearance by Beneficiary or Trusts 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 Rebased. 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 40 release, in any manner, the liability of the original Trustor and Trustor'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. (16) Beneficiary's Power. Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein man- or the full amount of all npaid obligations, beneficiary may,ffrom time t ttitme and without notice, (i) release any released as security maturity or alter any of the terms of any such obligations, (fit) grant other indulgences. (iv) release or reconvey, or cause to be released or recon- veyed at any time at Beneficiary's options an Y person so table, (ti) extend the all obligation herein mentioned, or (vi) make compositions of other arrangements with debtors k nrelation herein tiler or additional security for any (19) Reeorweyance 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 Tor 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, an in such reconveyance of any matters or facts shall be conclusive proof of the truthfuln ssothereof. ThetgraMS ndanyrereconveyance mays be described as "the person or persons legally entitled thereto ". (20) Notkes. Except for any notices, demands. requests, or other communications required under applicable law to be given in another man- ner, 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 tors Dead of Trust. Trustor hereby requests that a copy of any notice 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 parries hereto, as aforesaid, of noliceof such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given In the manner designated herein. (21) OO@*mfng law. This Deed of Trust shall be governed by the jaws of the State of Nebraska. all Parties hhereto rtheir heirs slegatees devises` personal representatives, sudccessors and aherein se ens. apply term "Beneficiary" shall owner and holder of rile Note, whether or not named as Beneficiary herein. PP Y to and mils to the benefit l and bind ail mean the (23) Joint and Several Liability. All covenants and agreements of Trustor shall be fort and several. (24) $Nrerablifty. in the avant 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, filegal or unenforceable to any respect, Such invalidity, illegality, or unenforceability Shall, at the Option of Beneficiary, not affect any other provision of this Dead of Trust, but this Deed of Trust shell be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of this De of Trust Is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable es to any part of the Property, the unsecured or par• tlally secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured poured 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 lull 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 slid apple Gander applicable tfoall Whenever used herein, the singular number shall include the plural, the plural, the singular, and the use of any gentler shall be applicable o 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. 126) Acceptance by Trustee. Trustee accepts this 1 "rust when this Deed of Trust, duly executed and acknowledged, Is made a public record as provided by law.