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85- 004169 852584
<br />if the sale Is postponed for longer than one (I) day beyond the day designated in the Notice of Sale,
<br />notice thereof shall be given in the same manner as the original Notice of sale. Trustee shall execute
<br />and deliver to the purchaser its Deed conveying the property so sold, but without any covenant or
<br />warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, Including without limitation, Beneficiary or Trustee may
<br />purchase at the sale. Said sale shall be conducted at the real estate forming a part of the Property or
<br />at the court house in the county In which the Property to be sold, or some part thereof, is situated.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to
<br />payment of the costs and expenses of exercising the power of sale and of the sale, including, without
<br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate
<br />exceed the sum of Five Hundred and no /1001hs ($500.00) plus 112 of 1% of the amount secured hereby and
<br />remaining unpaid and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the
<br />order therein stated.
<br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, If the sale is by
<br />Trustee, or the proper court and other costs of foreclosure and sale if sale Is pursuant to judicial
<br />foreclosure, 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 revenue
<br />required to be paid;
<br />(2) All sums then secured hereby;
<br />(3) The remainder, if any, to the person or persons legally entitled thereto.
<br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale provided for hereinabove be mailed to each such party at his post office address set forth
<br />herein. Upon the occurence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of
<br />Trust in the manner porvided•by law for the foreclosure of mortgages on real property.
<br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to
<br />Bone- M -Tery, promptly upon request, such security instruments as may be required by Beneficiary, in a form and
<br />substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which security
<br />Instruments shall be additional secru(ty for Trustor's faithful performance of all of the terms, covenants and
<br />conditions of this Deed of Trust, the Note and Indebtedness secured hereby, and any other security Instruments
<br />execuued in connection with the indebtedness secured by this Deed of Trust; and all such instruments shall be
<br />filed and recorded at Trustor's expense; (b) Beneficiary may, from time to time, by written Instrument executed
<br />and acknowledged by Beneflclary, mailed to Trustor and recorded in the county or counties in which the Property
<br />Is located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska,
<br />substitute a sucessor or successors to the Trustee named herein or acting hereunder; (c) although the Trustee,
<br />or his successor or successors, may be an agent of, or attorney for, or otherwise connected with the Beneficiary,
<br />such fact shall not be construed to disqualify him to act as such Trustee, nor shall such fact prevent the
<br />Trustee or Beneficiary from bidding at a sale and buying any part or all of the Property at any sale hereunder;
<br />(d) that it It should be necessary or appropriate for the protection of the security hereby conveyed or
<br />enforcement of the debt hereby secured, for the Trustee or the Beneficiary to Institute or become a party to any
<br />proceeding or suit In a court of bankruptcy or probate or other court of general or limited jurisdiction, all
<br />expenses and costs properly Incurred by said Trustee or said Beneficiary (including reasonable attorneys' fees)
<br />paid or Incurred by said Trustee or Beneficiary In maintaining, prosecuting or defending such proceeding or
<br />protecting their respective rights hereunder shall be an additional debt secured by this need of Trust in like
<br />manner with the principal debt herein described; (e) Beneficiary, or Its agents, representatives or workmen,
<br />are authorized to enter at any reasonable time upon or In any part of the Property for the purpose of Inspecting
<br />the same and for the purpose of performing any of the acts It Is authorized to perform under the terms of this
<br />Deed of Trust; (f) any forbearance by Beneficiary or, Trustee In exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
<br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of
<br />Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (q) extension of
<br />the time for payment or modification or amortization of the sums secured by this Deed of Trust granted by
<br />Beneficiary to any successor In Interst of Trustor shall not operate to release, in any manner the liability of
<br />the original Trustor an Trustor's successor in Interest. Beneficiary shell not be required to commence
<br />proceedings against such successor or refuse to extend the time for payment or otherwise modify amortizatton of
<br />the suss and indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor and
<br />Trustor's successors In Interest; (h) without affecting the IiabiIIty of the Trustor or any other person liable
<br />for the payment of the obligations and Indebtedness secured by this Deed of Trust, and without affecting the Ilan
<br />or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for
<br />the full gaunt of all unpaid obligations. Beneficiary may, from time to time and without notice (1) release any
<br />person so liable, (11) extend the maturity or alter any of the terms of any such obligation, (111) grant other
<br />Indulgences, (!v) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option
<br />any parcel, perilon or all of the Property, (v) take or release any other or additional security for any
<br />obligation or Indebtedness herein mentioned, or (vl) make compositions or other arrangements with debtors In
<br />relation thereto; (1) In addition to the rights and powers given to the Trustee and Beneficiary herein, the
<br />Beneficiary shell have all such other rights both In low and equity for collection of the Indebtedness secured
<br />hereby as it would have but for this Deed of Trust; (j) all covenants and agreements of Trustor set forth In
<br />this Deed of Trust shall be joint and several; (k) this Deed of Trust shall be governed by the laws of the State
<br />of Nebraska; (1) In the event any one or more or the provisions contained in this Deed of Trust, or the Note or
<br />any Other security Instrument given In connection with the indebtedness hereby secured shall for any reason he
<br />halo to be invalid, Illegal or unenforceable In any respect, such Invalldlty, Illegallty, or unenforeceablltly
<br />shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust
<br />shall be construed as If such Invalid, Illegal, or unenforceable provision had never been contained herein or
<br />therein. If the lien of this Deed of Trust Is Invalid or unenforceable as to any part of the Indebtedness hereby
<br />secured or evidenced by the Note, or if the lien Is Invalid or unenforceable as to any part of the Property, the
<br />unsecured or partially secured portion of such indebtedness shall be completely paid prior to the payment of the
<br />remaining and secured or partially secured portlon of such Indebtedness, and all payments made on such
<br />Indebtedness, whether voluntary or under foreclosure or other enforcement action or procedure, shall be
<br />considered to have been first paid on and applied to the full payment of that portlon of such Indebtedness which
<br />Is not secured or not fully secured by the lien of this Deed of Trust; and (m) The covenants and agreements
<br />contained In this Dead of Trust shall bind, and the benefits and advantages hereof shall Inure to the respective
<br />heirs, executors, administrators, successors and assigns of the parties hereto. wherever used he.reln, the
<br />singular number shall Include the plural and conversely, end the use of any gender shall be applicable to all
<br />genders. Wherever the terms "8aneflclary" is used herein, It shall Include the legal holder or holders of the
<br />Note or the Indebtedness secured hereby.
<br />SEVENTH: Upon written request of Beneficiary stating that all &-noun+,, and Indebtedness secured hereby have
<br />f beeaoiia, and upon surrender n( this Deed of Trust and the Note to Trustee for the cancellntion and retention
<br />IL.. and upon payment by Trustor of Trustee's fees, Trustee shall r,;ec.onvey to Trustor, or the person or persons
<br />legally entitled thereto, without warranty, any portion or the Property then hold by Trustee her "unoer. The
<br />recitals In such neean veyance of any matters or fact,. shall be conclusive proof of the truthfulness th"r"cef• Thn
<br />grentee of any reoonvoyence may be desc'rIbed as "the person or persons legaIty en+I+Iod the.rnlr. "
<br />EI(#41H: Except fryr any notices, demand%, requests %,r ether ccmnurir atlons "equine,' ender nn 1•11"Ahln Inw
<br />J;"-in arw.)ther manner, whenever Beneficiary, Trustor N Trustee 0 -s 1,r snrw... qnv n „flee ( t 1,r i,rn 1,q.
<br />.Otx,ft t- imitation, ntrflco of rlefoulf and fx,tice of sal"), domands, rq:p„•sts ,> c.r hn� ,nmurl, 1,r l,�ns with <pnc -r
<br />fo this iw,ed r:,f trust, each sur,h rw)fIre, demand, rnquesf or ether rarwrn,nirafl;�n r.,,,., �,M In .11+11,11 110 01n!1 .+
<br />offiOlve ohly If N:. same Is det!veved by personal s "rvlce ,r mellnd I -v car tillr�,! n 1 .f m]r. Iv npai!, Iona +n
<br />'e,:elpt requester), iddres -wd fo the, address „f the, party t,, OwA ma!1.0 1,a s,.t t „r�r, 1,i tan .+1,,l „r ,r,ls. Ca:...,! .•r
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