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2oioo5s55 <br />(b) When the Trustee sells pursuant to the powers herein, the Trustee <br />shall apply the proceeds of the sale to the costs and expenses of exercising this power of <br />sale, including, without limitation, the payment of Trustee's fees incurred, and then to the <br />items in subparagraph (c) in the order there stated. <br />(c) After paying the items specified in subparagraph (b) above, if the sale <br />is by Trustee, or by the proper court, and other costs of foreclosure and sale if the sale is <br />pursuant to judicial foreclosure, then the proceeds of sale shall be applied in the order <br />stated below to the payment of: <br />(1) Attorneys fees and costs of collection; <br />(2) Costs of any evidence of title procured in connection <br />with such sale and of any revenue required to be paid; <br />(3) All obligations secured by this Trust Deed; and, <br />(4) The remainder, if any, to the person legally entitled <br />thereto. <br />5. Additional _Security Instruments: Trustor, at its expense, will execute and <br />deliver to the Beneficiary, promptly upon demand, such security instruments as may be <br />required by Beneficiary, inform and substance satisfactory to Beneficiary, covering any of <br />the Property conveyed by this Deed of Trust which security instruments shall be additional <br />security for Trustar's faithful performance of all of the terms, covenants and conditions of <br />this Deed of Trust, the Promissory Nate secured hereby, and any other security <br />instruments executed in connection with this transaction. Such instruments shall be <br />recorded or filed at Trustor's expense. <br />pporntment o uccesso„ T <br />r , rustee: Beneficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to the Trustor and <br />recorded in the county or counties in which the Property is located and by otherwise <br />complying with the provisions of the applicable laws of the State of Nebraska, substitute a <br />successor or successors to the Trustee named herein or acting hereunder. <br />7. Inspections: Beneficiary, ar his agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Property for the <br />purpose of inspecting the same and for the purpose of performing any of the acts they are <br />authorized to perform under the terms of this Deed of Trust. <br />8. O tion to Foreclose: Upon the occurrence of any breach and upon the <br />declaration of default hereunder, Beneficiary shall have the option to foreclosure this Deed <br />of Trust in the manner provided by law for the foreclosure of mortgages on real property. <br />9. Forbearance b Beneficia ar Trustee Not a Waiver: Any forbearance by <br />Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor <br />under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults <br />subsequently occurring. <br />1 p. Trustor_ NQt Released:. Extension. of _the time far payment or modification or <br />amortization of the sums secured by this Deed of Trust .granted by Beneficiary to any <br />successor in interest of Trustor shall not operate to release, in any manner, the liability of <br />the original Trustor and Trustor's successor in interest. Beneficiary shall not be required to <br />commence proceedings against such successor or refuse to extend time for payment or <br />otherwise modify amortization of the sums secured by this Deed of Trust by reason of any <br />demand made by the original Trustor and Trustor's successors in interest. <br />5 <br />