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95"001828
<br />further, this Trust Deed may, at lender's option, be declared immediately due and payable if (1) Borrower is a
<br />Partnership and sells or assigns by any means whatsoever any partnership interest, or (2) if Borrower is a corporation
<br />and Borrower or its parent corporation sells or assigns by any means whatsoever
<br />of the corporation or parent corporation or if said Borrower or its —er os more of the stock
<br />Parent corporation
<br />another corporation or entity, or (3) if Borrower is a cot on merges any form with
<br />potation and there is a change in the majority of the mem-
<br />bers of the Board of Directors of the Borrower or its parent corporation, or (4) if Borrower is a corporation and
<br />there is a change in the person of Chief Executive Officer of said corporation or its parent corporation, Beneficiary
<br />shall have waived such option to accelerate if, prior to the sale, transfer or conveyance, Beneficiary and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satis-
<br />factory to Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as
<br />Beneficiary shall request.
<br />12. Acceleration upon Default- Remedies. Sale,
<br />onditions of th e Upon default by Trustor in the Payment of or performance
<br />of the terms and c Note, or any renewals, modifications or extensions thereof, or the Payment of
<br />any other indebtedness secured hereby or in the performance of any of the covenants or agreements hereunder,
<br />Beneficiary may declare all sums secured hereby briniediateN due and Payable and the same shall thereupon become
<br />due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to
<br />Trustee a written declaration of default and demand for sale. Trustee shall have the Power of sale of the Property
<br />and if Beneficiary decides the Property is to be sold it shall deposit with Trustee this Trust Deed and the Note or
<br />notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice
<br />of default and election to cause the Property to be sold, and Trustee, in turn, shall Prepare a similar notice in the
<br />form required by law, which shall be duly filed for record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice
<br />of Default, and Notice of Default and Notice of Sale having been given as required by law,
<br />Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in
<br />such order as Trustee may determine on the date and at the time and place designated in said
<br />Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in
<br />lawful money of the United States at the time of sale. The person conducting the sale may,
<br />for any cause he or she deems expedient, postpone the sale from time to time until it shall
<br />be completed and, in every such case, notice of Postponement shall be given by public decla-
<br />ration thereof by such person at the time and place last appointed for the sale; provided, if
<br />the sale is postponed for longer than one (1) day beyond the day designated in the Notice of
<br />Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee
<br />shall execute and deliver to the purchaser its Deed corweying the Property so sold, but
<br />without any covenant or warranty, express, or implied. The recitals in the Deed of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. Any Person, including
<br />withnur lin-ition Qeneficia-y or Trusta2, nay purchase at the sale.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the Proceeds of the
<br />sale to payment of the costs and expenses of exercising the Power of sale and of the sale,
<br />including, without limitation, the payment of Trustee's Fees incurred, which Trustee's Fees
<br />shall not in the aggregate exceed the sum of Five Hundred and No /100 ($500.001 plus 1/2
<br />Of 1'% of the amount secured hereby and remaining unpaid and then to the items set forth
<br />in subparagraph (c) hereof in the order therein stated.
<br />(c) After Paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper
<br />court and other costs of foreclosure and sale if the sale is pursuant to judicial foreclosure,
<br />the proceeds of sale shall be applied in the order stated below to the payment of:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any reve-
<br />nue required to be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder, if any, to the person legally entitled thereto.
<br />13. Additional Security Instruments. Trustor, at its expense, will execute and deliver to the Beneficiary,
<br />Promptly upon demand, such security instruments as may be required by Beneficiary, in form and substance sous
<br />factory to Beneficiary, covering any of the Property corweyed by this Trust Deed, which security instruments
<br />Shall be additional security for Trustor's faithful performance of all of the terms, covenants and conditions of this
<br />Trust Deed, the promissory notes secured hereby, and any other security instruments executed in connection with
<br />this transaction. Such instruments shall be recorded or filed at Truster's expense.
<br />14. :)ointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument exe.•
<br />cute► and acknowledged oy Beneficiary, mailed to Trustor and recorded in the county or counties in which the
<br />Property is located and by otherwise complying with the provisions of the aPplicable laws of the State of Nebraska
<br />L— substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />15. inspections, Beneficiary, or its agents, r
<br />aason15. time a epresentative$ or workmen, dre authorized to enter at any
<br />pen of in any part of the Property for the purpose of rnsPecting the sane and for the purpose
<br />Performing any of the acts it is authorized to p m
<br />perform urxlar the terms of tire of
<br />e Trust Deed.
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