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► <br />85--e 003430 <br />(c) After paying the Items <br />specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if <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) Cat of an evidence of title procured in connection with such sale and of any revenue required to be paid; <br />(2) Attorneys fees: <br />(3) All sums then secured hereby and any liens having priority over this one; <br />(4) Junior trust deeds, mortgages, or other tienholders; and <br />(S) The remainder, if any, to the person or persons legally entitled thereto. <br />(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 <br />npltwithateriding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession of <br />Judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the <br />tests of collection or the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, however, <br />that this section dose not apply to the Trustee fee referred to in paragraph 6 (b), provided further, that this paragraph shah not apply to this Dead <br />of Trust, If the Beneficiary is not a bank. <br />[M AMINwat Ssearlty lasirlssion Truster, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security <br />Inst►umwtts p 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, converlantts and con- <br />ditions of this Dead of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transao <br />lotn. Such Instruments shall be recorded or filed at Trustor'sexpense. <br />(13) ANobvilu wtt of Successor Trussee. Beneficiary may, from time 10 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 hsreun- <br />tler. <br />(14)' 111 Me Beneficiary, or its agents, representatives or workmen. are authorized to enter at any reasonable time upon or in any part of <br />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 <br />of the Deed of Trust. <br />(15) GPtion 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 />(16) Ferebsaramroe by Mndiblary or Trustee Not a Waterer. Any forebearance by Beneficiary or Trustee in exercising any right or remedy <br />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 <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) TrYMer OW titelepa . 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 />Trustor's successor in interest. <br />(18) Seastidary's Pewee . Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men. <br />tiorrod, 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 />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (1) release any person so liable, (II) extend the <br />maturity or alter any of the terms of any such obligations, (lit) grant other indulgences, (iv) release or reconvey, or cause 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 />119) Aepsaveyarras by Tresses. Upon written request of Beneficiary stating that all sums secured hereby have been 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 fees, Trustee shall reconvey <br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then hold hereunder. The recitals in <br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee In any reconveyanoe may be <br />described as "the person or persons legally entitled thereto ". <br />(2g) tiseNbes. Except for any notices, demands, requests, or other communications required under applicable law to be given in another man- <br />ner, whenever Beneficiary, Trustor, or Trustee gives or serves any notice (Including, without limitation, notice of default and notice of Salo), <br />demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall <br />ue 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 or thus Deed of Trust. Trustor hereby requests that a copy of any notice of <br />default, any notice of sate, required or permitted to be given the Trustor hereunder, be mailed to it at the address set forth at the beginning of this <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) Ooverabp Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />=8 11 1 MW Assi9e. This 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, legatass, 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) JOIN and Sswral Liability. Ali covenants and agreements of Trustor shall be joint and several <br />(24) /asapbNltp. 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 tbnnection with this transaction shall for any reason be held to be Invalid, illegal or unenforceable in any respect, such invalidity, <br />Illegallly, or uenforooebility 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 lion is Invalid or unenforceable as to any part of the Property, the unsecured or par. <br />flatly secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the <br />debt, and ail 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 />(251 "w"ber MW OenAa6 Captime. 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 afire the provisions hereof. <br />(26) AeoaPtarra 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. <br />.J <br />ro <br />l <br />�. I <br />