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a <br />1 <br />85- 005465 <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 sale is pursuant to Judicial foreclosure, to proceeds of sale shall be applied in the order stated below to the payment of: <br />(t) Cot of on evidence of title procured in connection with such sale and of any revenue required to be paid; <br />(Z) Attorneys tees; <br />(3) All sums then secured hereby and any liens having priority over this one: <br />M Junior trust deeds, mortgages, or other lienhoiders; and <br />(S) The remainder, if any, to the person or persons legally entit led tnerelo. <br />(d) If ten Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed of <br />not "Wanding, The Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give: any confession e <br />judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judictaI proceeding or agreement to pay iM <br />thhat this sseiction des not apply to the Trustee fee referred to in Collection <br />a paragraph 6 (b), provided further,pth t this paragraph parag aph shall otpapplyo this Dead <br />r <br />of Trust, if the Beneficiary is rot a bank. <br />(1Z Addift f Seaarrlty I�tnwtts. Trustor, at its expense, will execute and dative <br />r ;o the Beneficiary, promptly upon demand, such security <br />Instruments as may be squired 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 all of the terms, convenants and con- <br />ditlons 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 filed at Trustor's expense. <br />(13) App*Mt ken- of Successor Trusts. Beneficiary may, from time to time, by a written instrumronl executed and acknowledged by <br />pprovisiion o! the mailed to laws of the State oft Neb Nebraska substitute a successor ore successors tot located Trustee Florin <br />Civil herein oorpactinq here fin <br />Ctrl <br />(14) Irksp CdDM. Beneficiary, or its agents, representatives or workmen. are autnonzee to enter at any reasonable time upon or in any pan 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 ten Deed of Trust. <br />to pon cleeure. upon the occurrence of any default hereunder, Benel iciary shall nave the option to foreclose this Deed of Trust in <br />(15) <br />the manner provided by law for the foreclosure of mortgages on sal property <br />(iii) fenbesrsrkCe by Beneficiary her Trusts Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law. shell not be a waiver of or preclutle to <br />exercise of any such right or remedy. Likewise, the <br />waiv by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of art <br />er y other or similar <br />defaults subsequently occuring. <br />(17)Trusl r Net Ileleeeed. 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 />eedings against such successor or <br />Trustor's successor interest. Beneficiary shalt not De required to commence proc refuse fuse 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 />Trustor's successor in interest <br />(16) Beeketielary's rowers• 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 Item or charge of this Deed of Trust upon any port ion of Ins property not then or theretofore released as security <br />for ten full amount of all unpaid obligations, beneficiary may. from time to time and without notice, Of release any person so Gab a, (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 to released or recon• <br />veyed of any time at Beneficiary's options any parcel, portion or all of the Property, iv) take or release any other or additional security for any <br />obligation herein mentioned, or (vil make compositions or other arrangements will) dabiors in rotation iheeto. <br />119) Moenveyanq by Trustee. Upon written request of Beneficiary stating that alt sums secured hereby have been paid, and upon surrender of <br />this Dead 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 Trustor, or the person or persons legally entitled thereto, without warranty, any portior of the Property ten held hereunder The recitals in <br />such reconveyance of any matters or facts shag be conclusive proof of the tuthiulness thereof The grantee in any reconveyance may be <br />described as "the person or persons legally entitled thereto" <br />120) Nodose. Except for any notices. demands. requests, or other communications re ,turju under applicable law o be given m another man <br />nor, whenever Beneficiary, Trustor, or Trustee gives or serves any notice !'n:.: ^.� ^.g. w'!houl umrtahon, nonce o! default and notice Ot sale), <br />demanob, requests or Other communrcatior wit^ respect to this Deed of Trust, eac^. sucn• notice, demand, request or other oommunicaUOn shall <br />be in writing and shall be effective only if The same is celivered by personal service or mailed by ceritl+ed mail. postage prepaid, return receipt <br />requested, addressed to Ins address As set torch at the beginning of Isis Deed of Trust Trustor hereby requests that a Copy of any notice of <br />default, any notice of sale, requires or permitted to be given the Trustor hereunder be mailed Foil at the address set forth at the beginning of this <br />Deed of Trust Any party may at any time change r15 address for such notices by delivering or malting to the sober parties haretO. as atoreseid, 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 />12110000111" law, This Deed Of Trust shat: be governed by the laws of the State of Nebraska <br />(2'2) S000966" and Assigns• This Deed of Trust and ail terms. cunditiOrs an- obligations nerem apply to and inure to the benefit of and bind <br />all parties hereto, -hair 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 Benefiriary erein <br />(231Jein1 a Sev" liabillty- Ali covenants and agreements o! Trustor shall be Joint and several <br />(24) SSOW66MMy. in to event any one Of more of the provisions contained in this Dood of Trust, or ins Note of any Other security instrument <br />given in connection with this transaction shat: for any reason got held 10 ite invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality. Or urterttorceabliity shall, at the option of Beneficiary, y other provision of this Deed of Trust. but this Deed Of Trust shall <br />be construed as If such invalid, illegal. of unenforceable provision had never been contained herein or therein if the lien of this Deed of Trust is <br />,nvatid Of uMnfbrCeable as to any part of the debt. of if the iron is invalid or unenforceable as tO any part of the Property, the unsecured Or par <br />tiaHy 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, end all payments made On the debt. whethef voluntary of under foreclosure Or other enforcement action or procedure, shall be considered <br />10 have been first paid On and Applied to the lull payment Of linia portion of the debt which Is not secured or not fuliy secured by the lien Of this <br />Deed of Trust. <br />r2•i) NWrkbe MO perkier; Ceptleks. Whenever used hefein, the singular number shall inciude the piurai, the plural. the singular. and the use of <br />any gender Shall be OPP)icabie to ail genders The captions and hesdings of the paragraphs of this Deed of Trust are !or convenience Only and <br />are not to be used 10 interpret or refine the b,ovisions hereof <br />t28tAeoWenoebyTrustee. Trustee accepts fn's Trust Wrier, this Dead i +'rust lulr N�eCUIWd and aCknorViedged, s made a public recbrC as <br />provided by law <br />7 <br />s <br />