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85-- 00521.? further, th:s Deed of Trust may, at lenders option, be declared immediately due and payable if 111 Borrower is a Partnership and sells or assigns by any means whatsoever any partnership interest, or (2) if Borrower is a corporation and Borrower or its Parent corporation sells or assigns by any means whatsoever % or more of the stock of the corporation or parent corporation or if said Borrower or its parent corporation merges in any form with another corporation or entity, or (3) if Borrower is a corporation and there is a change in the majority of the mem- bers of the Board of Directors of the Borrower or its parent corporation, or (4) if Borrower is a corporation and There is a charge in the person of Chief Executive Officer of said corporation or its parent corporation. Beneficiary shall have waived such option to act:elerate if, prior to the sale, transfer or conveyance, Beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satis- factory to Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. 12. Acceleration upon Default: Remedies: Sale. Upon default by Trustor in the payment of or performance of the terms and conditions of the Note, or any renewals, modifications or extensions thereof, or the payment of any other indebtedness secured hereby or in the performance of any of the covenants or agreements hereunder, Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon become due and payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may deliver to Trustee a vzritten declaration of default and demand for sale. Trustee shall have the power of sale of the Property and if Beneficiary decides the Property is to be sold it shall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to,cause the Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by Trustee. (a) After the Iapse of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property in one or more parcels and in such order as Trustee may determine on the date and at the time and place designated in said Notice of Sale, at public auction to the highest bidder, the purchase price payable in cash in lawful money of the United States at the time of sale. The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public decla- ration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the original Notice of Sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express, or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Beneficiary or Trustee, may purchase at the sale. (b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exert icing the power of sale and of the sale, including, without limitation, the payment of Trustees Fees incurred, which Trustee's Fees shall not in the aggregate exceed the sum of Five Hundred and No'100 IS500 00) plus V-2 of 1% of the amount secured hereby and remaining unpaid and then to the items set forth in subparagraph (e) hereof in the order therein stated. (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 if the sale is pursuant :o judre. =i foreclosure, the proceeds of sale shall be applied in the order stated below to the pa,,ment of. (1) Cost of any evidence of title procured in connection with such sale and of any reve- nue required to be paid; (2) All sums then secured hereby; (3) The remainder, if any, to the person legally entitled there :o. 13. Additional Security Instruments. Trustor, at its expense, will rxecute and deliver to the Beneficiary, promptly -pon demand, such security instruments as may be required by Benef ciary, in form and substance satis- factory tc Beneficiary, covering any of the Property conveyed by this Deed of 'Trust, which security instruments shall be :cditional security for Trustor's faithful performance of all of the terms, cove nants and conditions of this Deed of Trust, the promissory notes secured hereby, and any other security ir.; ;rune ^ ±s executed in connection with this t ansaction. Such instruments shall be recorded or filed at Trustoe's expense. 14. Appointment of Successor Trustee. Beneficiary may, from time to time, by a vvritten instrument exe. toted and acknowledged by Beneficiary, mailed to Trustor and recorded in the tour,:y or counties in which the Property is located and by otherwise complying with the provisions of the applicable lass of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 15. Lnspectio__ry- Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspect rg the s;•ne and for the purpose of performvs; any of the acts it is authorized to perform under the terms of Inc, Der•:! of Trust rte, ri?r r ._..J