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004963
<br />if the sele 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. SL ;J 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 1/2 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 prrvided 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 />BeneircTary, 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 secrulty 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 />exectued 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 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 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 -ustee of any default of Trustor under this Deed of
<br />Trust shall not be deemed a waiver of any other or s;ml(ar 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 liability of
<br />the original Trustor an Trustor'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 amortization of
<br />the sums 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 effecting 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 lien
<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 amount 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, (ill) grant other
<br />indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary'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 (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 shalt 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 be
<br />held to be Invalid, illegal or unenforceable in any respect, such Invalidity, Illegality, or unenforeceablitiy
<br />shall, at the option of Beneficiary, not effect 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 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 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 portion 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 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 terms "Beneficiary" is used herein, It shell Include the legal holder or holders of the
<br />Note or the Indebtedness secured hereby.
<br />SEVENTH: Upon written request of Beneficiary stating tt,t all amounts and Indebtedness secured hereby have
<br />L been paid, 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 shall 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 reconveyance of any matters or facts shell be ronciuslve proof of the truthfulness thereof. The
<br />grantee of any reconveyance may be described as "the person or persons legally entitled thereto."
<br />EIGHTH: Except for any notices, demands, requests or other communications reaulred under mpplicmble !mw fo
<br />be g vTven-ln another manner, whenever Beneficiary, Trustor or Trustee gives nr <ervo[ mr•v n(Itice (!nc4)ding,
<br />without limitation, notice of default and notice of 5810), demands, requests n cf! »: respect
<br />to this Geed of Trust, e+x:h such notice, demand, request or other rcxrtaunirmf)on ..ha!: he In wr lting f ehmil M
<br />effir3iva only If the same Is delivered by persona! service c mailed by r -Iflec ,I !, postage pro +;•�i:1, re h,rr
<br />rocelpt regw,tcted, addressed fc; thm address 0f the party to rham mm! ln:! n;aot h;r'h nt ire rrtd , "'end
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