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a <br />®049 <br />14. Trustee's Sale on Default: Upon default by Trustor in payment of of any indebtedness secured hereby or in performance of any agreement <br />hereunder, or any agreement secured hereby, Beneficiary may declare all sums secured hereby immediately due and payable and shall cause to be fil. <br />ed of record a written notice of default and election to sell such property. After the lapse of such time as then may be required by law following recor- <br />oaunn of such notice n1 default, and notice of sale having been given as then requited by law, Trustee. without demand on Tfusint, shall sell such pro. <br />party, adher as a whose of to separate parcels. and in such order as it or Beneficiary may determine at public auction to the highest bidder. Trustee <br />may postpone the safe of all or any portion of such property by public announcement at the time and place of sale, and from time to trine, thereafter <br />may postpone the sale by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to such purchaser <br />its deed conveying the property so sold, but without any covenant or warranty, express or implied. The rectal in such deed of any matters of fact or <br />otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Truster, Trustee or Beneficiary, may purchase at such sale. <br />Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing the obligation secured hereby. and Trustor waives <br />demand and notice of such sale (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand <br />and notice of such sale .I After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection <br />with such sale. Trustee shall first apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid. with accrued <br />Interest at the rate then payable under the note or notes secured hereby, and then to payment of all other sums secured hereby, and of thereafter <br />there be any proceeds remaining, distribute them to the person or persons legally entitled thereto. <br />1f this Deed of Trust or any note secured hereby provides for any charge for prepayment of any Indebtedness secured hereby. Trustor agrees to pay <br />said charge. if any of said 'ritteniedoess shall on paid prior to the maturity date thereof stated in 5i1A,f>p1ePDt,- 1bu.Dead,ol .Lust, *van sl and not - <br />wahstand,ng Trusto, shall have defaulted to payment thereof, or in performance of any agreement t,- Eft<fiQ�naljGtaMy by reason thereof. <br />shall have declared a!i sums secured hereby immediately due and payable. <br />15. Substitution of Trustee: That Benehc +dry may, from time to time, by instrument in writing, substilCt0 O.suCcessol o: successors to any Trustee <br />named herein or acting hereunder. which instrument, executed and acknowledged by Beneficiary and recorded in the office of the register of deeds <br />of the County or Counties where such property is situated. shall be conclusive proof of proper substitution of such Trustee or Trustees. who shall, <br />without conveyance from the Trustee predecessor, succeed to alt its title. estate. rights. power and duties. <br />16. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing Waiver by <br />Beoe!,c'a,y n1 any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences <br />shall nor he deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after Is due dale, or by <br />making any payment or performing any act on basis![ of Trustor that Trustor was obligated hereunder. but lotted to make or perform, o, by adding any <br />payment so made by Beneficiary to the indebtedness secured hereby. B"t iary does not waive its Tight to require prompt payment when due of all <br />other sums so secured or to require prompt performance of all other acts required hereunder. or to declare a default for failure so to pay. <br />19. Waiver of Status* of limitations: Time is of the essence in all T,ustor's obligations hereunder: and to the extent permitted by law, Trustor <br />waives as prese -1 or future slatules of limitations with Iesp*cl to any debt, demand or obligation secured hereby in any action or proceeding for the <br />Purpose of enforcing this Trust or any right or remedies hereunder. <br />18. Inspection and Business Records: Beneficiary at any time during the continuation of this Trust may enter and inspect such property at any <br />ressonatile t:me Tfuslor agrees that in the event such property is now or hefealter used lot commercial or residential Income purposes. when re- <br />quested by Benehaa,v. Trusto, will p,omptly deliver to Benefiaa ;y such certified financial statements and profit and loss statements of such types <br />and at sucn ioterva :s as n+av be required by Beneficiary, which will ham form and content p,epared according to the usual and acceptable accounting <br />piinclptes and pfacbc Ps. which statements shall cover the financial operations relating to such properly. Trustor further agrees when requested <br />by Beneficiary !o pfom.puv ^ei'ver in writing such further additional information as required by Beneficiary ,elating to any such financial statements. <br />19. Acceleration Clause Should Tfustor be in default under this Deed of Trust. or should Trustor, or any successor in interest of Trustor, voluntarily <br />or mvolunla,dy sell. exchange, convey, transfer, contract to sell, lease with option to purchase. sublease, do ase of, change the character or use of, <br />or further encumber Such property. of any part thereof, or any interest therein, or if any of said parties shall be divested of Title to such property, of <br />any part Therepl, or any interest therein, either voluntanlv.or involuntarily or if title to such property he subjected to any hen or charge, voluntarily o, on. <br />v Oiur`I ardV. contractual or slatuto,, without the written consent of Beneficiary being first had and obtained. then Beneficiary shall have the right. at <br />its ,pl,n to declare alt sums sPCured hereby fil,thw'Ih true and payable, and Ill's same right of acceleration shall be avifoahle in Beneficiary if the <br />unryfisi`i "Pd is a partnership and the interest of a general partner terminates, 's assigned or Transferred, or isdi ,n,shed. o, if the undersigned is s co, <br />po,ahon ,tod any of the corporate Stuck is t,ensferrad, sold of assigned, of if the undersigned is a trustee of a trust and There is a change of env of The <br />benaficrai Interest of The trust. <br />20. Remedies. No remedy he,eu+ provided shall be e•clusive of env other remedy hsrern or now o, borealis, easting by low, but shall he cumufativs. <br />Evart' ppwe, o, ,l T.udy hereby given To Trustee o, BenehC,afy,Or to which @other of them may be otherwise entitled, may be exacited from time to <br />time and as often as may he deemed eaped•ent by them, and either of them may pursue inconsistent remedies It Beneficiary holds any additional <br />security for any Otil-gabon secured hereby. it may enforce the sale thereof at its option, either before. contemporaneously with, or after the eale,7 <br />rnade hereunder, and on any default C[ Tiuslo,. 9r"-ic,3,y may, at its option offset against any indebtedness secured hereby, and the Beneftcu,y is <br />t're'e" aulhn zed ant! empowered at 'is option without any obligation so to do. anti without effect-9 the obligations hereof, to apply toward the <br />;,aYmersi t,! oily ir,:tehledness Ol the Ti ,To, to The Benehr'ary .)ny soil all sums of money of Trustor which Beneficiary may have m its possession or <br />n+drr its conl,ol, a,ciud.rgg "'thous .,inning the generably of the !o !oo'ng. any savings account, deposit_ investment cerfiticate„ escrow or trust <br />lends <br />11 law Applicable-. That this Deed of Trust shall be construed according to the laws of the Stale at- NebraSka <br />22 Margaafy in The event ihat any pr+visinn or riause of this Deed of Trust roofr,ts with applicable jaw. such conflict shall nor affect other proin <br />5,on4 of this Deed of T'usI wh,;:h , an he given a "lvtl without trip ronfl,cnng piows'On, and to this end the provisions of this Deed of Trust are <br />ilf cared to be spve,ah!e <br />23 General Ployraione 'iii Th,4 Deeo ^.t Trust appl'e9 to. ,nureS to the benefit of, and binds all parties hereto. their hells, lenatees. devisees. ad <br />;ni9tr Al ors. P,eCUtnrs successors <br />and assigns to The term ' Beneficiary " shall mean the owner and holder fincludmg a pledgeel of any note <br />sp.. triad he,ehv. whptne, ,,, ,of earned as Bonet. -aty hetem Icl Wherever The content in requires, the masculine gender includes [tie feminine and <br />art ^r f�P si+,glllai tine "ludes the plural. and vice vp,sa !d) Caphpns and pa,agraph headings used he.fetn are for cnnvpn,ence only. are not a <br />,,I n+ Phis .8'1ieP.mnn( 'a, ^d snail r r;il to t,sed 'n cnnsriteng '1. If mo,e than ()Tie lie,nn ,t named herein as Trusto,, each otthgatinn nl In,sto, ahalT be <br />,,,a lot, ants se vet a! o0,114a1on <,1 each Such p error' The right, or remedies granted hereunder, of by law, shall not be exclusive. but shall be concur - <br />e I and turn.ilaova <br />Tftt}gTEE ACCEPTS te•s T,.,t when this Deed of Trutt, duty executed and acknowledged, it made a public record at provided by law. Trustee is <br />riot ot-ari i in nnnry any party he,a!o of pending sale under any other Listed of Trust or any action or proceeding in which Trustor, Beneficiary or <br />T,,,,t" shah ha a pwi,, u +'ess brought by T,usTee. <br />Ma•l,nq address to .nohce1!o t,usto, ._280E3 U!_ F• lannciQit7,-- (. >multiTS1a7Kj-L_N?g'+..:jK.O _.r$Q.�.. <br />'!d WITNASa'N6fdf.RE OF Tru std+ has executed this OPed of Trust on "to date feel above written <br />IE;%fs A ?� atFw <br />'11111 M CITY CIMISPI)V, (.1irkim.11, .1 <br />c ioq)ora t ion <br />Pt' :. <br />I' 1 r �r._ } i 14a xyle,r, <br />Ry <br />h'r Lit, .tc'skW,II t r <br />lilt <br />