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<br />85-4 005617
<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 If
<br />the safe is pursuant to judicial foreclosure, the proceeds of sale shell be applied In the order stated below to the payment of:
<br />(1) Cost of an evidence of title procured In connection with such sale and of any revenue required to be paid;
<br />(2) Attorneys fees;
<br />(3) All sums than secured hereby and any liens having priority over this one;.
<br />(4) Junior trust deeds, mortgages, or other Ilenholders; and
<br />(5) The remainder, it any, to the person or persons legally entitled thereto.
<br />(d) 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 Dead
<br />of Trust, if the Beneficiary is not a bank.
<br />(12) AddMw4 i Seeurlty Instruments. 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 Trustee'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 Truster's expense.
<br />(13) Appelntrteent of Successor Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by
<br />Beneficiary, mailed to Truster 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) IMpectlons. Beneficiary, of iteagenls, 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) Fonbearanm by Beneficiary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy
<br />hereunder, of otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. Likewisc. the
<br />waiver by Beneficiary or Trustee of any default of Truster under this Deed of Trust shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occuring.
<br />(17) Trustor 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 Truster shall not operate to release, in any manner, the liability of the original Truster and
<br />Truater'9 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 Truster and
<br />Truster's successor in interest.
<br />(18)fI11onsficlary's Powers. Without affecting the liability of the Truster 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, (if) extend the
<br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (Ivl 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, fir) take or release any other or additional security for any
<br />obligation herein mentioned, or Ivi) make compositions or other arrangements with debtors in felation thereto.
<br />119) Reeonwysnce by Trustee. 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 Truster of Trustee's fees. Trustee shall reconvey
<br />to Truster, or the person or persons legally entitled !Hereto. 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 truthfulness thereat The grantee In any reconveyance may be
<br />described as "the person or persons legally entitled thereto'
<br />(2(1h Nollces. Except for any notices, demands, requests, or other communications required under applicable law to be given in another man-
<br />ner, whenever Beneficiary, Truster, or Trustee gives or serves any notice (including, wdhout limitation, notice of default and notice of sale),
<br />demands, requests of 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 It the same is delivered by personal service or mailed by certified mad, postage prepaid, return receipt
<br />requested, addressed to the address as set forth at the beginning of this Ueed of Trust. Truster hereby requests that a copy of any notice of
<br />default, any notice of sale. required or permuted to be given the Truster hereunder.. be mailed to it at the address set forth at the beginning of this
<br />Deed of Trust. Any party may at any lime change its address for such notices by delivering of 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 it Beneficiary, when given in the manner designated
<br />herein.
<br />(21)Goverrtlno Late. This Deed of Trust shall be governed by the laws of the State at Nebraska
<br />f22) Successors and Assigns. This Deed of Trust and ail terms, conditions and obligations herein apply to and mufe to the benefit of and bind
<br />all parties hereto, their heirs, legatees- devisees, personal representatives, successors and ass-gns The term "Beneficiary" shall mean the
<br />owner and holder of the Note, wnelner or not named as Beneficiary herein
<br />(23) Joint and Sewni Liability. All covenants and agreements of Truster shall be taint and several
<br />(24) SavarabNNy. 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 10 be invalid. illegal or unenforceable in any respect, such Invalidity,
<br />Illegality, of unentorceabilily shall, of the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall
<br />to construed as It such Invalid, illegal, or unenforceable provision had never been contained herein or therein if the lien of this Dead of Trust is
<br />invalid or unenforceable as to any part of the debt, of if the lien is invalid or unenforceable as to any part of the Property, the unsecured or par
<br />Bally 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 oil the debt, whether voluntary or under foreclosure on 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 of not fully secured by the Ilan of this
<br />Deed of Trust
<br />125) Number 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 be applicable Ib air 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)ACCep/anoaby Trustee. Trustee accepis this Trust when 1hIS Deed of Trt /sf, duly executed and aclif,owiedged. i5 made a public fOCQ((1 a9
<br />provided by law
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