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<br />200803604 <br /> <br />4. If there shall be filed by or against the Trustor any petition or proceeding seeking <br />an arrangement or composition or extension or any other relief under or pursuant to the Federal <br />Bankruptcy Code or any other similar statute as now or hereafter in effect, or if the Trustor shall <br />be adjudicated bankrupt or insolvent or any of Trustor's property shall have been sequestered <br />and such decree shall have continued undischarged and unstayed for 90 days after the entry <br />thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at <br />the option of the Beneficiary, become due and payable. <br /> <br />5. Upon default by Trustor in the payment of or performance of the terms and <br />conditions of the Note, or any renewals, modifications or executions thereof, the payment of any <br />other indebtedness secured hereby or in the performance of any agreement, covenant or <br />warranty herein contained or set forth in the Note or any agreement of instrument executed by <br />Trustor in connection with the indebtedness hereby secured, Beneficiary may declare all sums <br />secured hereby immediately due and payable and the same shall thereupon become due and <br />payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary <br />may deliver to Trustee a written declaration of default. Trustee shall have the power of sale of <br />the Property and if Beneficiary decides the Property is to be sold it shall deposit with Trustee <br />this Deed of Trust and the Note or notes and any other documents evidencing expenditures <br />secured hereby, and shall deliver to Trustee a written notice of default and election to cause the <br />Property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by <br />law, which shall be duly filed for record by Trustee. <br /> <br />a. After the lapse of such time without cure as may be required by law <br />following the recordation of notice of default, and notice of default and notice of sale having <br />been given as required by law, Trustee, without demand on Trustor, shall sell the Property <br />herein before described, and any and every part thereof, in separate parcels or en masse as the <br />Trustee may elect and in such order as Trustee may determine on the date and at the time and <br />place designated in said notice of sale, at public auction to the highest bidder, the purchase <br />price payable in cash in lawful money of the United States at the time of sale. The person <br />conducting the sale may, for any cause he or she deems expedient, postpone the sale from <br />time to time until it shall be completed and, in every such case, notice of postponement shall be <br />given by public declaration thereof by such person at the time and place last appointed for the <br />sale; provided, if the sale is postponed for longer than one (1) day beyond the day designated in <br />the notice of sale, notice thereof shall be given in the same manner as the original notice of <br />sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so <br />sold with recitals of compliance with the requirements of the Nebraska Trust Deeds Act relating <br />to the exercise of the power of sale and sale of the Property described therein, but without any <br />covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall <br />constitute prima facie evidence of such compliance and conclusive evidence thereof in favor of <br />bona fide purchasers and encumbrances for value and without notice. Any person, including <br />without limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be <br />conducted at the Real Estate or at the courthouse in the county in which the Property to be sold, <br />or some part thereof, is situated. <br /> <br />b. When Trustee sells pursuant to the powers herein, Trustee shall apply the <br />proceeds of the sale to payment of the costs and expenses of exercising the power of sale and <br /> <br />10 <br /> <br />Initials ~ J~ <br /> <br />~qW- <br />4?~tJ law <br />pSiW <br />