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07732 85- 005120 <br />(c) After paying the items specified in subparagraph (b) of this <br />paragraph FIFTH, if the sale is by Trustee, or the proper court and <br />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 <br />below to the payment of: <br />(1) Cost of any evidence of title procured in connection with <br />such sale and of any revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally <br />entitled thereto. <br />Each of the parties•to this Deed of Trust hereby requests that a copy of <br />any Notice of Default and a copy of any Notice of Sale provided for herein - <br />above be mailed to each such party at his post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by <br />law for the foreclosure of mortgages on real property. <br />SIXTH: Trustor specifically agrees that (a) Trustor, at its ex- <br />pense, will execute and deliver to Beneficiary, promptly upon request, such <br />security instruments as may be required by Beneficiary, in a form and <br />substance satisfactory to Beneficiary, covering any of the Property con- <br />veyed by this Deed of Trust which security instruments shall be additional <br />security for Trustor's faithful performance of all of the terms, covenants <br />and conditions of this Deed of Trust, the Dote and indebtedness secured <br />hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments shall <br />be filed and recorded at Trustor's expense; (b) Beneficiary may, from time <br />to time, by written instrument executed and acknowledged by Beneficiary, <br />mailed to Trustor and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions of the <br />applicable laws of the State of Nebraska, suhatitute a successor or succes- <br />sors to the Trustee named herein or acting, hereunder; (c) although the <br />Trustee, or his successor or successors, may he an agent of, or attornev <br />for, or otherwise connected with the Beneficiary, such fact shall not be <br />construed to disqualify him to act as such Trustee, nor shall such fact <br />prevent the Trustee or Beneficiary from bidding at a sale and buying any <br />part or all of the Property at any sale hereunder; (d) that if it should be <br />necessary or appropriate for the protection of the security hereby conveyed <br />or enforcement of the debt hereby secured, for the Trustee or the Benefi- <br />ciary to institute or become a party to any proceeding or suit in a court <br />of bankruptcy or probate or other court of general or limited jurisdiction, <br />all expenses and costs properly incurred by said Trustee or said Benefi- <br />ciary (including reasonable attorneys' fees) paid or incurred by said <br />Trustee or Beneficiary in maintaining, prosecuting or defending such <br />proceeding or protecting their respective rights hereunder shall be an <br />additional debt secured by this Deed of Trust in like manner with the <br />principal debt herein described; (e) Beneficiary, or its agents, represen- <br />tatives or workmen, are authorized to enter at any reasonable time upon or <br />in any part of the Property for the purpose of inspecting the same and for <br />the purpose of performing any of the a ^ts it is authorized to perform under <br />the terms of this Deed of Trust; (f) any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise uiforded <br />by applicable law, shall not be a wziiver of or l_:rcu lade the exercise of •any <br />such right or remedy hereunder; similarly, the waiver by Beneficiary or <br />Trustee of any default of Trustor under this Deed of 'Trust shall not be <br />deemed a waiver of any other or similar def.auit ::ubsoquently occurring; <br />(g) extension of the time for payment or modific,ttiun or amortization of <br />the sums secured by thir-; Deed of rr.u;it granted h'; Brnaficilry to any <br />successor in into re,t or Tru. .tor shall not: oporate to rolease, in rally <br />� <br />manner the liability of the original '1,r-ustor ar,ci '['rusrc,r's su i.n <br />interest. Beneficiary sha71 not be 1equirc,.i to commell",,- proct,edings <br />q a insst. such s u c s or rr,f use t o x end r h.. r inaE r,r f t m <•ut nr t hf t <br />wi.,e Modify amort,r.r,t.it >it of the ,nd inri� t. ��_:u, :•_. .,� �,.1 h•, thr r•,: <br />,�} <br />r,f 'frrrst. Eri r ec�snn �:� : +i�r� llc�rrand ma,lc� br� i tip � �x I ., � .(.i„ ,t � n�: 'I'r <br />I <br />u rt• ,I I 1 :t t t:; (h) withrnxt -t,f hr <br />1 <br />_ _._.i <br />