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03-004751
<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 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, includ!ng, 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 IS 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 />Ban* -=c nary, 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 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 />executed to 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 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 safe 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 />s,
<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 desmno a waiver of any other or similar default. 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 liability of
<br />the original Trustor an Trustor's successor in Interest. Beneficiary shall not be required to commence
<br />:
<br />proceedings against such successor or refuse to extend the time for payment or otherwise modify amortizalion of
<br />the sums and indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor and
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<br />Trustor'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 Deed of Trust, and without affecting the IIen
<br />or charge of this Deed of Trust upon any portion of the Property not then or t fpf(e -releeeed-es security for
<br />the full amount of all unpaid obligations, Beneficiary may, from time to time n t notice (I) release any
<br />person so liable, (II) extend the maturity or alter any of the terms of any li µl atlon, (lit) grant other
<br />indulgences, (iv) release or reconvey, or cause to be released or reconveyed a •any t1me.4t Somfleiary's option
<br />any parcel, portion 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; (I) 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 taw and equity for collection of the indebtedness secured
<br />hereby as It would have but for this Dead of Trust; (J1 all covenants and agreements of Trustor set forth in
<br />this Deed of Trust shall be Joint and several; lk) this Deed of Trust shell 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 shell for any reason he
<br />held to be Invalid, illegal or unenforceable In any respect, such Invalidity, Illegality, or unenforeceabiitly
<br />shall, at the option of Beneficiary, not affect any other provision of +his Deed of Trust, but this (bed 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 heed of Trust Is Invalid or unenforceable as to any part of the I ndeb+adness hereby
<br />secured or evidenced by +he Note, or If the Ilan 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 the 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 forarc.Iosure or other enforcement actlon or procedure, shell be
<br />considered to haw been first 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 Ilan of this (bed of Trust; and (m) The covenants and agreements
<br />contained In this Deed 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 herein, the
<br />singular number shall Include the plural and conversely, and the use of any gender shall be applicable to all
<br />genders. Wherever the forms "Benreficlary" Is used herein, It shall Include the legal holder or holders of ttw.
<br />Not* or tie Indebtedness secured hereby.
<br />5EVENTN; Upon written request of Beneficiary stating that all amounts and Indebtedness secured hereby have
<br />Mr
<br />L beeaZiSTF, 'and upon surrender of this Deed of Trust and +he Note to Trustee for the cancellaflon and retention
<br />end upon payment by Trustor of trustee's fees, Trustee shell reconvey to Trustor, or the person or persons
<br />legally entitled thereto, without warranty, any portion or the Property then held by Trustee hereunder. The
<br />recitals In such reronvsyance of any matters or facts shall be co,.-luslve proof of the truthfulness +hereof. The
<br />grantee of any reconveyarw a may be described as "the person or persons legally entitled thereto." (°±
<br />EIGHTH: Except for any nutices, demands, requests or other communleat Ions enquired under app ;irable In% it,
<br />be girsn—ln another manner, whenever Beneficiary, Trustor or trustee glves or serves nny nitlre llnrlucring,
<br />•fthcrut liml ,retlon, notice of default and notice of %&tell demands, requests or other (,r runlcntlonc wlth rwspecf
<br />to this lkewd of Trust, each such notice, demand, request or other crAmuricntton shall be In wrttinq and .:halt f+
<br />affittive only If the sale is delivered by personal service or walled by certiflnd mall, postage prepaid, return
<br />recelpf r*qu*sted, addressed fn the address of the party un whom mnlIeri as act f—lh a* -ho "nd of ehls IMed of
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