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<br /> (Bl Any failure on the pert of the Trustor to meet the repayment terms in reapect to the Loan Agreement end any --
<br /> � other advances under this Deed of Truet hereby secured; and, _—
<br /> (C) Any actlon by the Trustor prohibited by the terms of the Loan Agreement or this Qeed of Trust or any failure of _
<br /> the Trustor to act es required by the Loan Agreement or thls Deed of Trust,each of which Trustor hereby egrees .
<br /> . Ihave an adverse effect on the Beneficiary's security for the line of credit esteblished and thc� riphts of the _
<br /> , Benef(clary in such security.
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<br /> ._ i and upon the happening of any such event of default, Beneficiary may dectare all sums secured hereby imrnediately . .,
<br /> 1 due and peyable by deliver to Trustee of written declaration of default. The Truatee ahall have the power oi sela of
<br /> the PropeRy, and if Beneffciary desires the Property to be sold,It shali deposit with Trustee this Deed of Trust and all
<br /> promissory notes and documents evidencing expend(tures secured hereby end ahall deliver to Trustee a written notice . ! '. -
<br /> � of default and election to ceuse the Property to be sold, and the Trustee in tum shAll prepare a notice in the fo�m .f'y.�,, ,,,r; '•
<br /> requfred by Isw, which shall be duty flled for record by Trustee. -. .���'•...
<br /> IiA) After the lepse of such time as may be required by I�w follovring the recordation of said notice of default,end ;���*'��
<br /> � notice of default and notica of sale having been given ae requlred by law, Trustee, without demand on Trustor, '�""--
<br /> shail sell the Property on the date and at the time and place designated in said notice of sale,at public auctfon to
<br /> the highest bidder, the purchase price payable in lawful money of the United States at the thne of sele. The .,��<<.-
<br /> person conducting tho sale rnay, for any cause he deems expedient, postpone the sele from time to tirne until it
<br /> shall be com�leted and, in every such case, notice of postponement shall be glven by public declaration thereof '�s`;;
<br /> by such person et the time and place lest appo(nted for tha sala, provided,ff the sale ie postponed for longer than
<br /> one(1) day beyond the dey designated in the notice of sale, notice thereof shall be given in the same rnanner as
<br /> the or(ginal notice of sate. Trustee shall execute and delfver tn the purchaser its Qeed conveying the Property so
<br /> � sold, but withnut andy covenant or warranty, express or fmplied. The recitals in the deed of any rnetters or acts
<br /> shall be conclus!ve proof of the truthfulness thereof. Any person,including Beneficiary, may purchase at the sale. ���-3•�.
<br /> (B) When Trustee sells pursuant to the powers herein, the Trustee shell apply the prooeeds of the sale to payment " z-
<br /> �' of the costs end expenses of exercising the power of sale and of the sale,inaluding the peyment of the Trustee's �-
<br /> fees ectualiy incurred, which Trustee's fees shell not in the aggregate exceed the following amount based upon ..�:,.
<br /> the amount secured hAreby and remeining unpaid; 5 percentum on the first S1,000 thereof, 1 percentum on the e•
<br /> ' balance thereof and then to the items in subparagraph (C) In the order there stated. , �•'�, ����.�
<br /> (C) After paying the(teme specified in subparagraph(B) if the sale is by Trustee,or the proper court and other costs '! '�
<br /> = oi ���eclaeura and 5n16 if tl'i6 5818 iS pursuani ta judlclai faraclosute, the procesds ef salw ahell be applied in the order ��'�=�`
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<br /> stated to the payment of:
<br /> (p Cost of any evidence of title procured in connection with such sale and of any revenue atamps; ��� ;��.
<br /> (II} All sums the secured hereby; �; '�''
<br /> (llq The remainder, if any,to the person legally entitled thereto. � �'
<br /> 13. Dutiea and Obligations of Truatees. (a) The duties and obligations of trustee shall be deterrnined solely by .�� �r.
<br /> � the express provistons of this Deed of Trust,and Trustee shall not be Iiable except for the performance of such duties '
<br /> and obligations as are specifically set forth herein,and no impUed covenants or obligations shell be imposed upon .
<br /> �' Trustee; (b) No p�ovistons of thls Oeed of Trust shail requfre Trustee to expand or r(sk fts own funds,or otherwise _ —
<br /> incur any f3nancfal obligation in the performance of any of its duties hereundor, or in the exercise of any of its rights ���-
<br /> or power, If it shall have groundsfor believing that the repayment of such funds or adequate indemnity ageinst such ��"'
<br /> � risk or Ilabiifty is not reasonebly assured to it;tc) Truetee mey consult with counsel of Its own choosfng end the advice �°"'
<br /> of such counsel shall be full and complete authorizetion end protection in the respect of any action taken or suffered �
<br /> by it hereunder(n good faith and reliance thereon; {d) Trustee shell not ba Ilable for any actlon takan by h(n good faith ___
<br /> �, and reasonably believed by it to be authorized or within the discretion or rights and powers conferred upon it by th(s ".�._�;,_
<br /> Deed of Trust. --
<br /> � 14. Addttional Seaurity Instruments. Trustor,et Its expense, will execute and deliver to the Trustee, promptly �F���,°-
<br /> � upon demand,such security instruments as may be requirad by Trustee,in form and substance satisfactory to Trustee, �r-=-- ---
<br /> covering any of the Property conveyed by this Deed of Trust, which security instruments shall be edditional security �„"-—
<br /> for Trustor's faithful performa�ce of all of the terms, covenants and conditions of this Deed of Trust, the Loen `-: .�, �, �:
<br /> Agreement, any promfssory notessecured hereby and any other security instruments executed in connectfon with thfs S'�.:•:�:•;. ;.,,;•�r
<br /> transaction. Such instruments shell be recorded or filed, and re-recorded and refiled, at Trustor's expense. �,�{.�'��.:�.,
<br /> '�.�+• �.
<br /> 1 S. Miscetleneous. � . ' ••
<br /> (A) In the event any one or more of the provisions contained in the Deed of Trust, or the Loen Agreement or any ���,!�
<br /> promissory note, or any other security instrument given in connection with this transaction, shal l for any reason . '�"'
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<br /> td be held to be invalid,illegal ar unenforceable in any respect, such invalidity, illegalfty or unenforceabflity shall, �
<br /> at the option of Beneficiary, not affect any other provisfon of this Deed of Trust,that this Deed of Trust shall be �
<br /> construed as if such invalid,illegal or unenforceable provision had never been contained heroin ar therein. � �
<br /> (Bf This Deed of Trust shall be construed according to the laws of the State of Nebraska.
<br /> (C) the Deed of Trust shall insureto and bind the heir�,legatees,devisees, administrators,oxecutors, successors and
<br /> assigns of the parties hereto.
<br /> (D) Trustor shall pay all taxes levied upon this Deed of Trust or the debt secured hereby,together with any othertaxes
<br /> ; or assessments which rney be levied against the Trustee or Beneficiary or the legal holder of ihe Loan Agreement
<br /> � on account of the indebtedness evidence thereby.
<br /> � iC� ��i�............._._��_":.. .ti., ..:.......�..........�.... ..1...0:....1...1..�1.....I...ol ♦L.n niural thu efnnnlar fF�a ucanf anv ONI'1(�Af . . ... .._.
<br /> • ��i .•�.o��vro� uao�i�o�o�n� u�o a�nbu�oi �w���vw o.�..��..�......... .....r.......... ..... �........, ..._ .....a_._., ...___"' -.-. o"---- I� . . -
<br /> � shall be applicable to all genders, and the term"Beneficiary" shall include any payee of the indebtedness hereby r'
<br /> secured or any transfor thereof, whether by operation of law or otherwise.
<br /> 16. Successor Zrustee. Beneficiary may from time to time substitut� a successor or successors to any Trustee
<br /> named herein or acting hereunder to execute this Trust Deed. Upon such appointment and without conveyance to
<br /> the successor Trustee, the latter shall be vested with all title, powors and duties conferred upon any Trustee herein �
<br /> named or acting hereunder. F.achsuch appointment or substitution shall be made by written instrument by Beneficfary, �
<br /> containing reference to this Deed of Trust and its place of record, which when recorded in the offica of the Register
<br /> of Deeds of the county or co��nties in which said property is situated, shall be conclusive proof of proper appointment ,
<br /> of the succossor Trustee. The foregoing power of substitution and the procedure thereiore shall not be e,3cclu6lVe of
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