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$5.,.., 00471.9
<br />If the sale Is postponed for longer than one (1) 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 IImitation, 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 /100ths ($500.00) plus 112 of 1% of the amount secured hereby and
<br />remaining unpaid and than to the Items set forth in subparagraph (c) of this paragraph FIFTH in +he
<br />order therein stated.
<br />(c) After paying the items specified in subparagraph bbl 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 remalrCer, 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 porvidet 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 />Ben6f%Try, 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 secuuity for Trustoe'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 />exectted in connection with the Indebtedness secured by this Deed of Trust; and all such instruments shall be
<br />tiled and recorded at Trustee's expense; (b) Beneficiary may, from time to time, by written Instrument executed
<br />and acknowledged by Beneficiary, 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 if 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 Deed 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 +he acts it is authorized to perform under the terms of this
<br />Deed of Trust; (t) 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 nny 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 doomed a waiver of any nther or similar defaults subsequently occurring; (g) 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 Ilablli +v of
<br />the original Trustor an Trustoe's successor In Interest. Beneficiary shall not be required to commence
<br />proceedings against such successor or refuse to extend the time for payment or otherwise modify amortlzation of
<br />the sums and indebtedness secured by +his Deed of Trust by reason of any demand made by the original Trus +or and
<br />Truster's successors in interest; (h) without affecting the liability of the Trustor or any other person liable
<br />for the payment of the obligations and Indebtedness secured by this Daed._.of..Trust, and without affecting the lien
<br />or charge of thls Deed of Trust upon any portion of +he Property not then or theretofore released as security for
<br />the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice (1) release any
<br />person so liable, (If) extend the maturity or alter any of +he terms of any such obligation, (111) grant other
<br />indulgences, (1v) release or reconvey, or cause to be released or reconveyed at arty tfine at Beneficiary's option
<br />any parcel, portion or all of the Property, (v) take or release any other or addl +tonal security for Any
<br />ob(igatlan or Indebtedness herein mentioned, or (vi) 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 shall have all such other rights both In law 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 />held to be Invalid, Illegal or unenforceable In any respect, such Invalidity. Illegality, or unenforeceablltly
<br />shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but thls Dead of Trust
<br />shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or
<br />therein. if the flan 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 +he flan Is invalid or unenforceable as to any par+ of the Property, the
<br />unsecured or partially secured portion of such indebtedness shell be completely paid prior to +he payment of the
<br />remaining and secured or partially secured portion of such Indebtedness. and all payments made on such
<br />indebtedness, whether voluntary or under foreclosure or other enforcement actlon or procedure, shall he
<br />considered to have been firs+ paid on and applied to the full payment of that portion of such Indebtedness which
<br />Is not secured or not fully secured by the IIon of this Deed of Trust; and (m) The covenants and agreements
<br />contained In this Dead of Trust shell bind, and the benefits and advantages hereof shall Inure to the respective
<br />hairs, executors, administrators, successors and assigns of the parties hereto. Wherever used herein, the
<br />singular number shall Include the plural and conversely, and the use of any gander shall be applicable +p all
<br />ganders, Wherever the terms "Beneficiary" Is used herein, If shall include +he legal holder cr ".infers of +he
<br />Note or the Indebtedness secured hereby.
<br />SEVENTH: Upon written request of Boreflclary stating that all amounts and Indebtedness secured hereby have
<br />been " a`ra_, -and upon surrender of this Deed of Trust and the Note to Trustee for the cancellation and retention
<br />and upon payment by Trustor of Trustee's fees, Trustee shell re-convoy to Trustor, or +He person r,r ;+arsons
<br />legally entltled thereto, without warranty, any portion or the Propor +y +hen held by Trustne Hereunder. The
<br />recitals In such reconvoyence of any matters or facts shall be conclusive proof of the truthfulness + hereof. The,
<br />grantee of any ra4onvevence they be described as "the person or persons legally entitled thereto,"
<br />kAWTM: 1'.xr_ep+ for any notices, demands, reque StS or other cominunlratlons require;1 under appi lr nDie !mw fr•
<br />the a`T"e _Ir, another Mannar, whenever Fieneticlary, Tri /3tor Cmw Trus+f.e gives fir !ervrc nny nofirtr rincl:'tnd,
<br />wlftw.a,t IIMI +at {C,n. notice of default and rw)tlCe U1 gale), d"maf+ds, r ";)u ",+% rir r,lhr+r :'mr ^.,,n lr' At lr:nq wlrh „c {•r+c'r
<br />to fills finned Of frgt+, barh such +x;flce, demand, request or of", colw4 U9lCal!r1n 1+1A1 I i,. it .r !rims amt 1n,i1l I.,
<br />off 4CfI,* "illy If ire Same is 491Ivoved by "W"txral service <)r malt "d by er'Ir1 "d m•i i, (`repots, „,f,,,n
<br />„mr-sipt''oquosfed, &,fdretsed VC, the adrfre%% of the party !c, whom Mal li 1., c "+ r..,r rr. of Iha "nn r•.f fill, r:..e:! ,,.
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