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(e) ARM paying IM items specified In subparagraph (b), If the sale Is by Trustee, or the proper court and other cost$ of foreclosure and sale If <br />the sole is pursuant to judicial foreclosure, the proceeds of sale shall be applied In the order stated below to the payment of: <br />(1) Goat of an evidence of title procured in connection with such sale and of any revenue required to be paid; <br />(21 Attorneys Mee; <br />M All sums than secured hereby and any liens having priority over this one; 5— 00440? <br />(4) Junlor trust deeds, mortgages, or other Ilenholders; and <br />(5) The remainder, if any, to the person or persons legally entitled thereto. <br />#-th(i! this deed <br />ession of <br />o pay the <br />however, <br />section does not apply to the Trustee fee referred to In paragraph 6 (b), Drovlded further, that this paragraph shell not apply to this Deed <br />of Trust, If the Beneficiary is not a bank. <br />(M AMNssel lfeswNy Instruments. Trustor, at its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security <br />ketruments a 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, conennants and con. <br />ditione of this Deed of Trust, the promissory note@ secured hereby, and any other security Instruments executed In connection with this transac- <br />tion. Such instruments shall be recorded or flied at Trustor's expense, <br />(13) AgaNrgsesl of Swooeeese Trustee. Beneficiary may, from time to 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 Trust" named herein or acting hersun- <br />der. <br />(14) Ntepmtlem 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) Option to Foreolseure. 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 />118) Fefebseramm by Bsssfklsry or Trustee Net a Waiver. Any forebearance by Beneficiary or Trustee In exercising any right or remedy <br />hereunder, or olhwwlee 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 SwWlclary 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) Trusser Net Rel*aeer. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran. <br />led by Bensfk:lary to any successor in interest of Truslor shall not operate to release, in any manner, the liability of the original Trustor and <br />Trustor's successor In interval, 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 />Truetor's successor in interest. <br />(1p BassM@Mry'@ passers. Without affecting the liability of the Truslor or any other person liable for the payment of any obligation heroin men. <br />tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not than 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, 411) extend the <br />maturity or alter any of the terms of any such obligations. (ill) grant other Indulgences. IN) 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 />(10 Messwyasee by Truebee. 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 Now 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 held hereunder. The recitals In <br />such rscenveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be <br />described as "the person or persons legally entitled thereto ". <br />(20) NeNoes. 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 sale), <br />diamonds, 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 it 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 this Deed of Trust. Trustor hereby requests that a copy of any notice of <br />default, any nollce of sal*, required or permitted to be given the Trustor hereunder, be mailed to it at the address eel 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)aeserrtlsg Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />(22) 1110e001se s sold Aselgns. This Deed of Trust and all terms, conditions and obligations herein apply to and inure to the benefit of and bind <br />011 parties hereto, their heirs. legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the <br />owner and holder of the Note, whelh0r or not named as Beneficiary herein. <br />(23)JeW and Somof Limb". All covenants and agreements of Trustor shall be joint and several. <br />(24)8 111111111 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 eonneetlon with this transaction shall for any reason be held to be invalid, Illegal or unenforceable In any respect, such Invalidity, <br />Illegality, or unenforuability 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 es If such invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust Is <br />imralid or unenforceable as to any part of the debt, or If the lien is Invalid or unenforceable as to any part of the Property, the unsecured or par - <br />tialfy sawed portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the <br />dW. and ale 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 />Dead of Trust. <br />(11*18m tber and fll der, Ca►tlene. Whenever used herein, the singular number shall Include the plural, the plural, the singular, and the use of <br />any gender shalt be applicable to all genders. The captions and headings of the paragraphs of this Dead of Trust are for convenience only and <br />are not to be wood to Interpret or define the provisions hereof. <br />(261 Aeeeptenee fly Trust". Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, Is made a public record as <br />provided by law. <br />L- <br />L� <br />�I <br />Ml <br />