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I <br />85.r <br />,003430 <br />(c) After paying the items specified In subr )raph (b) ;1) the sale is by Trustee, or the proper )l and other costs of foreclosure and sale If <br />the sic Is pursuant to Judicial foreclosure, tht, Niocseds of sale shall be applied In the order staters _slow to the payment of: - J <br />(1) Cost of an evidence of tills procured in connection with such sale and of any revenue required to be paid; <br />�..7"t! rd �O <br />(4) Attorneys tees; e <br />(4 All sums then secured hereby and any liens having priority over this one; 5-004129 <br />(4) Junior trust deeds, mortgages, or other lienhoiders; and 8 <br />(5) The remainder, if any, to the person or persons legally entitled thereto. <br />(d) It 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 Of <br />noterithatatldinq, The Beneficiary shall not be entitled to receive or take and debrto shall borrower a judicial Proceed! ^flora: any co fe pay the <br />judgment, power of attorney to confess Judgment, power of attorney to apps <br />costs of collection or the attorneys' tees, unless such acts of colleclton would not otherwise be prohibited Nebraska law, provided, however, <br />that this section does not apply to the Trustee fee referred to In paragraph 6 (b), provided further, that hut this parr agraph shall not apply to this Dad <br />of Trust, if the Beneficiary is not a bank. <br />(12) AddMMaf ssurfty Inswunletlls. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security <br />InstrumentS as 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, convenants and con• <br />dltlons of this Deed of Trust, the promissory notes secured hereby, and any other security Instruments executed In connection with this transac- <br />tion. Such Instruments shall be recorded or filed at Trustor's expense. <br />(13) AMeMlaMnt of Suoesesor Truelee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by <br />untles in which priroovisions of theappli ableTrustor <br />laws of ithe In the county or co <br />Nebraska substitute a successor or success rs to th located ustee named herein or acting heeunn- <br />der. <br />(ta) Ina0eCtloM• Beneficiary, or its !gents, 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 salve and lot the purpose of performing any of the acts It Is authorized to perform under the terms <br />of the Deed of Trust. <br />(15)OOtfen to FereclaSure. 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 />(18) Fenbesranoe by lenMlelary, or Trustee Not a Waiver. 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 io be a waiver of any other or similar <br />defaults subsequently occuring. <br />(17) Trustor Not Fels&*". Extension o1 trio time for payment or modification or amortization of the sums secured by this Deed l Trust r and <br />led by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor end <br />Trustor's Successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse extend time for <br />ri <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 />(19)geneflclery's posers, Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men- <br />tioned, and without affecting the Ilan or charge of this Dead of Trust upon any portion of the properly 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, (t) release any person so liable, (it) extend the <br />maturity or alter any of the terms of any such obligations, (lit) gram 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) lake or release any other or additional security for any <br />obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in rotation thereto. <br />(19) Recianifeyance by Trusts. Upon written request of Beneficiary stating that all sums secured hereby have been paitl, and upon surrender of <br />this Deed of Trust and tfro Note to Trustee for cancellation antl retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvoy <br />to Trustor, or the person or persons steely entitled ante thereto, without warranty, any portion of the Property then held hereunder. The recitals In <br />such raeonveyance of any matters or facts shall be Concluerve Pro01 Of the truthfulness thereof. The grantee in any reCO ^VeyanCe may be <br />described as "the person or persons legally entitled thereto" <br />(20) Notices. Except for any notices, demands, requests. or other communications requited under applicable law to be given in another man- <br />net, whenever Beneficiary, Trustor, or Trustee gives or serves any notice (including, wllnout limitation, notice of default and notice of sale), <br />f do -ends, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall <br />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 <br />requested, addressed to the address as set forth at the beginning of this Deed of Trust Trustor hereby requests that a copy of any notice of <br />"fault, any Dead of Trust Any party may at any time rchange its ddress for Tsuch notices by del ver mailed <br />g of t mailing to the rothe s parties hereto, as aforesaid, a <br />noticeof 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)Govon** Law. This Deed of Trust shall be governed by the laws of the State of Nebraska <br />f22) SYOSeWv and Ass4pw. This Deed of Trust and all terms, conultions and o 055015 a harem apply to and inure to the benefit of and blvd <br />all parties netelo. their heirs. legatees, devisees, personal representatives, suc ( :assOrs and assigns. The term "Beneficiary" shall mean the <br />owner and holder of the Note, whether or not named as Beneficiary herein <br />J23)JoW NW Severai LiabUtty, All covenants and agreements of Trustor shall be joint and several. <br />1241 3ever001N1y. In the event any one of more of the provisions contained in this Deed of Trust, of the Note or any other security instrument <br />given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect. such invalidity, <br />illegality, or uneoforceablbty shall, at the option of Beneficiary, not affect any other provision of this Dead 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 ie therein, the Property, the Deed of Trust 13 <br />invalid of unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as 10 an D <br />tally 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 all payments made on trio 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 lion of this <br />Deed of Trust. <br />45) Nt t Mr end Gender, Captions. Whenever used herein, the singular dumber shell include the plural, the plural, the singular, and the use of <br />any gendW shall be applicable to all genders The captions and headings of the paragraphs of this Deed of Trust are for convenience only and <br />era not to JAS used to interpret or doling the provisions hereof <br />i26) ACCepian" by Trusts. Trustee aCcapf9lhis Trust when this Deed of Trust (July executed And ackno Wlodged, Is made a public ecord as <br />provided by law <br />}g <br />dill <br />6ai j <br />