|
I
<br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of foreclosure and sale it
<br />the soh Is pursuant to judicial foreclosure, the proceeds of Sala shall be applied in the order stated below to the payment o1:
<br />(1) Cott of an evidence of title procured in connection with such sale and of any revenue required to be paid; ���
<br />(� " "sumsth"" 005007
<br />(� All eumt then secured hereby and any liens having priority over this one;
<br />(4) Junior trust deeds, mortgages, or other Itenholders; and
<br />M The remainder, If any, to the person or persons legally entitled thereto.
<br />(0) If the Beneficiary of this Deed of Trust Is a bank as defined by Nebraska law, any statement contained In any other section of this deed
<br />notwithstanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession of
<br />judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the
<br />costs of collection or the attorneys' fees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, however,
<br />that this section does not apply to the Trustee fee referred to in paragraph 6 (b), provided further, that this paragraph shall not apply to this Deed
<br />of Trust, if the Beneficiary is not a bank.
<br />VM Addgenoll Secaft Insilrumenfs. Truster, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security
<br />Instruments as 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 alt of the terms, convenants and con-
<br />ditions of this Deed of Trust, the promissory notes secured hereby, and any other security instruments executed in connection with this transac-
<br />tion. Such Instruments shall be recorded or tiled at TrustOe3 expense.
<br />(13) AppeNrMlsnt of StKCtttw Truett. 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 Trustee named herein or acting hereun-
<br />der.
<br />(14) Mspeetions. 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 for the foreclosure of mortgages on real property.
<br />(16) FerMsaranos by Senefkfary or Trustee Not a Walver. 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 />waiver 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) Trwter Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran-
<br />ted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and
<br />Truster's successor In interest. 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 />Truster's successor in interest.
<br />(16i Powers. Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men-
<br />tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (i) release any person so liable, (ii) extend the
<br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (Iv) 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 />(to) Raoomreysn o by Trusts. 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 fees. Trustee shall reconvey
<br />to Truster, 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 truihfulness thereof. The grantee in any reconveyance may be
<br />described as "the person or persons legally entitled thereto ".
<br />(20) Notices. 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 />demands, 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 if 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 of this Deed of Trust. Trustor hereby requests that a copy of any notice of
<br />default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed to it at the address set 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) Governing law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />(22) Successors and Assigns. This Deed of Trust and all terms, conditions and obligations herein apply to and inure to the benefit of and bind
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary' shall mean the
<br />owner and holder of the Note, whether or not named as Beneficiary herein.
<br />(23)Jelet and Several LlabRlty. All covenants and agreements of Trustor shall be joint and several.
<br />(24) Sevwsb". 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 connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable In any respect, such invalidity.
<br />Illegality, or unenforceability 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 if such invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust is
<br />invalid 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 />tially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the
<br />debt, and all 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 />Deed of Trust.
<br />(25)Niambar and Gender .Captions. Whenever used herein, the singular number shall include the plural, the plural, the singular, and the use of
<br />any gender shall to applicable to all genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and
<br />are not to be used to interpret or define the provisions hereof.
<br />(26)Acceptneeby Trustee. Trustee accepts this Trust when this Deed or Trust, duly executed and acknowledged, is made a public record as
<br />provided by law.
<br />tp
<br />u9
<br />T
<br />
|