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201206742 In lieu of proceeding with notice of default, Beneficiary may foreclose this trust deed in the manner provided by law for the foreclosure of mortgages on real property. Beneficiary may, without declaring the entire indebtedness secured hereby due and payable, foreclose on account of specific default for such amounts as are in default. Such proceedings may be had, and the Trust Property sold, subject to the remaining indebtedness secured hereunder and this trust deed shall continue as a lien for such remaining indebtedness. Failure or delay by Beneficiary or Trustee to exercise any rights hereunder shall not constitute a waiver of those rights and a waiver of any default by Trustor shall not waive any other default occurring thereafter. Acceptance by Beneficiary or Trustee of any sum in part payment of any indebtedness after the same is due shall not constitute a waiver of any existing default or otherwise affect the rights of the Beneficiary and Trustee hereunder. MISCELLANEOUS 1. Assignment of Rent: As additional security hereunder Trustor hereby assigns and transfers to Beneficiary all rents, issues and profits of the Trust Property provided that Trustor shall, prior to an event of default under this deed of trust or abandonment of the Trust Property, have the right to retain and collect such rents, issues and profits as they become due and payable. In the event of default or abandonment of the property, Beneficiary, agents of Beneficiary or a judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Trust Property and collect the rents, issues and profits thereof, including those past due. All rents, issues and profits collected by Beneficiary or by the receiver shall be applied first to the payment of costs of management of the Trust Property and collection of rents, including but not limited to receiver's fees, receiver's bond premiums, and attorney fees, and then to the indebtedness secured by this deed of trust. Beneficiary and receiver, if any, shall be liable to account only for those rents actually received. 2. Due on Sale: In the event the Trust Property or any part thereof, or any interest therein, be sold or mortgaged, or otherwise become subject to a lien of any kind, or become subject town agreement to sell or otherwise alienated, while this trust deed is in effect, the entire indebtedness secured hereby shall become immediately due and payable, at the option of the beneficiary. 3. Trustor: If Trustor is two or more individuals, or entities, or combinations thereof, all provisions hereto shall be applicable to each, and the liability for the performance of the terms and conditions hereof shall be joint and several. 4. Beneficiary: The term "Beneficiary" as used herein includes the name of the Beneficiary and any subsequent owner and holder of the promissory note. 5. Situs: Nebraska law shall be applied to the resolution of any controversy including the loan, the promissory note, this trust deed and any other documentation executed in connection with the loan and the Trust Property. 6. Notices: Each party to this trust deed requests that a copy of any notice of default and a copy of any notice of sale be mailed to each party as provided by the Nebraska Trust Deeds Act. 7. Successor Trustee: Beneficiary may from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the 4