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<br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper and other costa of foreclosure and eels it
<br />t
<br />the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in he order stated below to the payment 01:
<br />(1) Cwt of an evidence of title procured In connection with such sale and of any revenue required to be paid;
<br />(71 Attorneya INS;
<br />(a All awns then secured hereby and any Ilens having priority over this one;
<br />(N Junior trust deeds, mortpagN, or other Ilenholders; and
<br />(5► The remainder, If any, to the person or persons legally entitled thereto.
<br />0
<br />(d) If the leMflclary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed
<br />debtor not be obligated to pay or give: any confession of
<br />notte(thstartdi", The Beneficiary shall not be entitled to receive or take and shall
<br />of attorney to confess judgment, power of attorney to appear for a borrower In a judicial proceeding or agreement to pay the
<br />however,
<br />Judgment, power
<br />coats of collection or the attoeys' tees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided,
<br />rn
<br />In E (b), provided further, that this paragraph shall not apply to this Deed
<br />that this section does not apply to the Trustee fee referred to paragraph
<br />of Trust, if the Beneficiary is not a bank.
<br />(TS) Addkb l SsiewNy InsMNnsnM. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />In form satisfactory to Beneficiary, covering any of the Property conveyed by this
<br />k+stnnnento as may be required by Beneficiary, and substance
<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 />security Instruments executed In connection with this tranuc-
<br />ditions of this Deed of Trust, the promissory notes secured hereby, and any other
<br />tlon. Such Instruments shall be recorded or filed at Trustor's expense.
<br />(13) Appsl:1- of Saoeseser Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by
<br />lenefklary. 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 Stale of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun•
<br />der.
<br />(" Mepealtens 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 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 (or the foreclosure of mortgages on real property.
<br />116) Feralesnnoe by 11MNIlelary or Trustee NW a Walva. 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 />Waives 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) TrloW Not Reins" Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran-
<br />Trustor shall not operate to release, in any manner, the liability of the original Trustor and
<br />tied by Beneficiary, to any successor In Interest of
<br />Trustor's successor In Interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for
<br />by this Deed of Trust by reason of any demand made by the original Trustor and
<br />payment or otherwise modify amortization of the sums secured
<br />Tnnto's successor In interest.
<br />( 101 Beaeftills 'e llimm Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men-
<br />the not than or theretofore released as security
<br />tioned, and without affecting the Ilan or charge of this Deed of Trust upon any portion of property
<br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (1) release any person so liable, (11) extend the
<br />maturity or after any of the terms of any such obligations, (111) grant other Indulgences, (Iv) release or reconvey. or cause to be released or recon-
<br />or all of the Property, (v) take or release any other or additional security for any
<br />veyed at any time at Beneficiary's options any parcel, portion
<br />oblige #on herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />(tfq Ilseeaseyalree by Trwfes. 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 less, 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 reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be
<br />deecribed se "the person or persons legally entitled thereto ".
<br />(20) Motilose. Except for any notices, demands, requests, or other communications required under applicable law to be given in another man-
<br />o( whenever Beneficiary, Trustor. or Trustee gloss or serves any notice (including, without limitation, notice of default and notice of sale),
<br />.
<br />demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall
<br />it the is delivered by personal service or mailed by certified mail, postage prepaid, return receipt
<br />3
<br />be to writing and shall be effective only some
<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 />to be the Trustor hereunder, be mailed to it at the address all forth at the beginning of this
<br />default, any notice of sale, required or permitted given
<br />Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other partles hereto, as aforesaid, a
<br />to have been to Trustor or Beneficiary, when given In the manner designated
<br />notice of such change. Any notice hereunder shall be doomed given
<br />herein.
<br />(21) OevernMrg law. This Deed of Trust shall be governed by the laws of the Slate of Nebraska.
<br />(221 Slraeeseae a" Aeelps. This Deed of Trust and all terms, conditions and obligations herein apply to and inure to the benefit of and bind
<br />legatees, devisees, representatives, successors and assigns. The term "Beneficiary" shalt mean the
<br />all Pont" hereto, their hairs, personal
<br />owner and holder of the Note, whether or not named as Beneficiary herein.
<br />(23) Je N said Swam Lkd0q. All covenants and agreements of Trustor shell be joint and several.
<br />(2419 - a N"I. 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 />transaction shall for any reason be held to be invalid, Illegal or unenforceable In any respect, such Invalidity.
<br />given in connection with this
<br />Illegality, o unanforoeabiltty 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 it such invalid, Illegal, or unenforceable provision had never been contained herein or therein. It the hen of this Deed of Trust Is
<br />Invalid or unanfocesble as to any part of the debt, or If the Ilan Is Invalid or unenforceable as to any part of the Property, the unsecured of par.
<br />Bally secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or paAieliy secured portion of the
<br />debt, voluntary or under foreclosure or other enforcement action or procedure, shall be considered
<br />debt. and all payments made on the whether
<br />to have bosh 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 Ilan of this
<br />Deed of Trust.
<br />(2S1 Nwftw s" Gender Coptlem. 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 />era not to be used to Interpret or define the provisions hereof.
<br />(26) Arlesportea by Trustee. Trust" accepts this Trust when this Deed of Trust, duly executed and acknowledged. Is made a public record as
<br />provided by law.
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