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20�1016�� <br />the property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of <br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without <br />limitation, Beneficiary or Trustee may purchase at the sale. Said sale shall be conducted at the real estate <br />forming a part of the Property or at the court house in the county in which the Property to be sold, or some <br />part thereof, is situated. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's fees shall not in the aggregate exceed the <br />sum of Five Hundred Dollars ($500.00) plus 1/2 of 1% of the amount secured hereby and remaining unpaid <br />and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the order therein stated. <br />(c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is by <br />Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, <br />the proceeds of sale shall be applied in the order stated below to the payment of: <br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue <br />required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or persons legally entitled thereto. <br />Each of the parties to this Deed of Trust hereby requests that a copy of any Notice of Default and a copy of <br />any Notice of Sale provided for hereinabove be mailed to each such party at the parties post office address <br />set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall have the option to <br />foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. <br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to <br />Beneficiary, promptly upon request, such security instruments as may be required by Beneficia.ry, in a form <br />and substance satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which <br />security instruments shall be additional security for Trustor's faithful performance of all of the terms, <br />covenants and conditions of this Deed of Trust, the Note and indebtedness secured hereby, and any other <br />security instruments executed in connection with the indebtedness secured by this Deed of Trust; and all <br />such instruments shall be filed and recorded at trustor's expense; (b) Beneficiary may, from time to time, <br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the <br />county or counties in which the Property is located and by otherwise complying with the provisions of the <br />applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee named herein <br />or acting hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent of, or <br />attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to disqualify <br />Trustee to act as sucli Trustee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale <br />and buying any part or all of the Property at any sale hereunder; (d) that if it should be necessary or <br />appropriate for the protection of the security hereby conveyed or enforcement of the debt hereby secured, <br />for the trustee or the Beneficiary to institute or become a party to any proceeding or suit in a court of <br />bankruptcy or probate or other court of general or limited jurisdiction, all expenses and costs properly <br />incurred by said Trustee or said Beneficiary (including reasonable attorney's fees) paid or incurred by such <br />Trustee or Beneficiary in maintaining, prosecuting or defending such proceeding or protecting their <br />respective rights hereunder shall be an additional debt secured by this Deed of Trust in like manner with the <br />principal debt herein described; (e) Beneficiary, or its agents, representatives or workmen, are authorized <br />to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and <br />for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of <br />Trust; (� any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed <br />of Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g) extension <br />of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted <br />by Beneficiary to any successor in interest of Trustar shall not operate to release, in any manner the liability <br />of the original Trustor and Trustor's successor in interest. Beneficiary shall not be required to commence <br />proceedings against such successor or refuse to extend the time for payment or otherwise modify <br />amortization of the sums and indebtedness secured by this Deed of Trust by reason of any demand made by <br />the original trustor and trustor's successors in interest; (h) without affecting the liability of the trustor or any <br />Page 4 of 6 <br />