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85-005201
<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 wlthout 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, 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 />( I ) Cost of any evidence of title procured In connection with such safe 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 heretnabove 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 porvlded 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 />BenaTT ery, 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 secruity 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 />execuued 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 shell 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 Trustee of any default of Trustor under this Deed of
<br />Trust shall not be deemed a waiver of any other 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 to Interst of Trustor shall not operate to release, in any manner the liability of
<br />the original Trustor an Trustor's successor to Interest. Beneficiary shall not be required to commence
<br />proceedings against such successor or refuse to extend the time for payment or otherwise modify amortizalion of
<br />the suns 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 affecting the liability of the Trustor or any other person liable
<br />for the payment of the obilgatlons and Indebtedness secured by thls Deed of Trust, and without affecting the Ilen
<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 ( I ) release any
<br />person so liable, (ll) extend the maturity or alter any of the terms of any such obligation, (Ill) grant other
<br />Inferences, (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 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 shell be Joint and several; lk) 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 shell for any reason he
<br />held to be invalid, Illegal or unenforceable In any respect, such Invalidlty, Illegality, or unenforeceablltly
<br />shall, at the option of Beneficiary, not affect 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 Ilan Is invalid or unenforceable as to any part of the Property, the
<br />unsecured or partially secured portion of such Indebtedness shall be completely paid prlor 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, shell 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 Ilan 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 shell include the plural and conversely, and the use of any gender shall be applicable to all
<br />genders. Wherever the terms "Beneficiary" 1s used herein, it shall Include +he legal holder or holders of the
<br />Note or the indebtedness secured hereby.
<br />SEVENTH: Upon written request of Beneficiary stating that all amounts and Indebtedness secured hereby have,
<br />L been s upon surrender of this Deed of Trust and the Note to Trustee for the cancellaflon and retention
<br />and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or +he person or persons
<br />legally entitled thereto, without warranty, any portion or the Property then herd by Trustee hereunder. The.
<br />recitals in such reconveyanrce of any matters or facts shall be conclusive proof of the truthfulness +hereof. The
<br />grantee of any reconveyance may be described as "the person or persons legally en +itlea thereto."
<br />EIGHTH: Except for any notices, demands, requests or other communications required under nppll(aPle law ,u
<br />be given in no manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice tIncludinq,
<br />without limitation, notice of default and notice of safe), demands, requests nr other cmnur, tc„ t uns with re apnct
<br />to this Daad of Trust, each such notic:e, demand, request or other comnunlcailon %hall he In wrltinq and email !w
<br />offictive only if the same Is delivered by personal service or mailed by cerfilled mill, postage prepald, -fern
<br />receipt requested, nddressed to the nddress of the party to whom mailed as act forth "1 the end of Ohl,
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