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8123.CV (8/13) 914030
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<br />20'104971
<br />demand on Trustor, shall sell such property, either as a whole or in separate parcels, and in such order as it or Beneficiary may determine
<br />at public auction to the highest bidder. Trustee may postpone the sale of all or any portion of such property by public announcement at
<br />the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time and place fixed by
<br />the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant
<br />or warranty, express or implied. The recital in such deed of any matters of fact or otherwise shall be conclusive proof of the truthfulness
<br />thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at such sale. Trustee may also sell at any such sale and as
<br />part hereof any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of such sale.
<br />(Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such
<br />sale.) The Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of exercising the power of sale and of
<br />the sale, including the payment of Trustee's fees actually incurred, not to exceed five percent of the principal balance unpaid at the time
<br />of recording the notice of default; second, to the payment of the obligation secured the time of recording the notice of default; second, to
<br />the payment of the obligation secured by this trust deed; third, to the payment of junior trust deeds, mortgages or other liens, and the
<br />balance, if any, to the person or persons legally entitled thereto.
<br />Upon any default under this Deed of Trust or any note secured hereby and following any acceleration of maturity of the
<br />indebtedness secured hereby, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any
<br />time prior to a foreclosure sale, whether under the power of sale contained herein or pursuant to judicial foreclosure proceedings, shall
<br />constitute an evasion of the payment terms of the indebtedness secured hereby and shall be deemed a voluntary prepayment of the
<br />indebtedness; and any such payment, to the extent permitted by law, must, therefore, include a premium required under the prepayment
<br />privilege, if any, contained in any note secured hereby; or, if at that time there shall be no privilege, if any, contained in any note secured
<br />hereby; or, if at that time there shall be no privilege of prepayment then such payment to the extent permitted by law, will include a
<br />premium for such prepayment of five percent of the then principal balance.
<br />16. Personal Property: This Deed of Trust is also intended to encumber and create, and Trustor does hereby grant to
<br />Beneficiary, a security interest in any and all of such property which is personal property owned by Trustor and now or hereafter located
<br />on or used in connection with such property including, but not limited to, all fixtures, owned by Trustor and now or hereafter located on,
<br />attached to or used in and about the Improvements which are necessary to the complete and comfortable use and occupancy of the
<br />Improvements for all purposes for which they are intended and such other goods and chattels and personal property owned by Trustor as
<br />are ever to be used or furnished in operating the Improvements, or the activities conducted therein, and all renewals or replacements
<br />thereof or substitutions therefore, conducted therein, and all renewals or replacements thereof or substitutions therefore, whether or not
<br />the same shall be attached to the Improvements in any manner, and all building materials and equipment hereafter situate on or about the
<br />Real Estate or the Improvements. The foregoing items which are leased by Trustor, Trustor shall, from time to time, upon request of
<br />Beneficiary, provide Beneficiary with a current inventory of all of the personal property in which the Beneficiary is granted a security
<br />interest hereunder, in such detail as Beneficiary may require. Any lien created against personal property will be in compliance with
<br />Regulation AA.
<br />17. Security Agreement: This Deed of Trust constitutes a security agreement between Trustor and Beneficiary with respect to all
<br />respect to all personal property in which Beneficiary is granted a security interest hereunder, and, cumulative of all other rights and
<br />remedies of Beneficiary hereunder, Beneficiary shall have all of the rights and remedies of a secured party under the Nebraska Uniform
<br />Commercial Code. Trustor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Beneficiary
<br />the attorney -in -fact of Trustor to execute and deliver and, if appropriate, to file with the appropriate filing officer or officers such
<br />security agreements, financing statements, continuation statements or other instruments as Beneficiary may request or require in order to
<br />impose, perfect or continue the perfection of the lien or security interest created hereby. Upon the occurrence of any default hereunder
<br />not cured within any applicable grace period, Beneficiary shall have the right to cause any of such property which is personal property
<br />and subject to security interest of Beneficiary hereunder to be sold in one of public or private sales as permitted by applicable law,
<br />including at a sale held in conjunction with the sale of such property by Trustee, as provided for in this Deed of Trust, and Beneficiary
<br />shall further have all rights and remedies, whether at law in equity or by statute, as are available to secured creditors under applicable
<br />law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Expenses of retaking, holding,
<br />preparing for sale, selling or the like shall be bome by Trustor and shall include Beneficiary's and Trustee's fees and legal expenses.
<br />Beneficiary shall have the right to enter upon the Real Estate and the Improvements or any other real property or any personal property
<br />which is the subject of the security interest granted herein as located to take possession of, assemble and collect such personal property
<br />or to render it unusable, or Trustor, upon demand of Beneficiary, shall assemble such personal property and make it available to
<br />beneficiary at a place deemed reasonably convenient to Beneficiary. If notice is required by law, Beneficiary shall give Trustor at least
<br />five (5) days' prior written notice of the time and place of any public sale or other intended disposition is to be made, and, if such notice
<br />is sent to Trustor, as the same is provided for the mailing of notices herein, it is hereby deemed that such notice shall be and is
<br />reasonable notice to Trustor. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale
<br />conducted in a reasonably commercial manner if held contemporaneously with the sale under the power of sale granted in this Deed of
<br />Trust upon giving the same notice with respect to the sale of the personal property hereunder as is required with respect to the sale under
<br />the power of sale given the Trustee under this Deed of Trust.
<br />18. Fixture Financing Statement: This Deed of Trust is intended to be a financing statement within the purview of the Nebraska
<br />Uniform Commercial Code with respect to those items of such property as constitute fixtures on the Real Estate. The address of Trustor
<br />(Debtor) and Beneficiary (Secured Party) are set forth on the first page of this Deed of Trust. This Deed of Trust is to be filed for record
<br />with the Register of Deeds of the County where the real estate is located. Trustor is the record owner of the real estate.
<br />19. Substitution of Trustee: That Beneficiary may, from time to time, by instrument in writing, substitute a successor or
<br />successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded
<br />in the office of the register of deeds of the county or counties where such property is situated, shall be conclusive proof of property
<br />substitution of such Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate,
<br />rights, power and duties.
<br />20. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
<br />writing. Waiver by Beneficiary of any right granted to Beneficiary under this Deed of Trust or occurrences shall not be deemed a waiver
<br />as to any Future transactions or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any
<br />payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding
<br />any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment
<br />when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for
<br />failure so to pay.
<br />21. Waiver of Statute of Limitation: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by
<br />law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligations secured hereby in any
<br />action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
<br />22. Inspection and Business records: Beneficiary at any time during the continuation of this Trust may enter and inspect such
<br />property at any reasonable time. Trustor agrees that in the event such property is now or hereafter used for commercial or residential
<br />income purposes, when requested by Beneficiary, Trustor will promptly deliver to Beneficiary such certified financial statements and
<br />profit and loss statements of such types and at such intervals as may be required by Beneficiary, which will be in form and content
<br />prepared according to the usual and acceptable accounting principals and practices, which statements shall cover the financial operations
<br />relating to such property. Trustor further agrees when requested by Beneficiary to promptly deliver in writing such further additional
<br />information as required by Beneficiary relating to any such financial statements.
<br />23. Acceleration Clause: Should Trustor be in default under this Deed of Trust, or should Trustor, or any successor in interest of
<br />Trustor, voluntarily or involuntarily sell, exchange, convey, transfer, contract to sell, lease with option to purchase, sublease, change the
<br />character or use of, or further encumber such property, or any part thereof, or any interest therein; or if any of said parties shall be
<br />divested of title to such property, or any part thereof, or any interest therein, either voluntarily or if title to such property be subjected to
<br />any lien or charge, voluntarily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had and
<br />obtained, the Beneficiary shall have the right, at its option, to declare all sums secured hereby forthwith due and payable; and this same
<br />right of acceleration shall be available to Beneficiary if the undersigned is a partnership and any interest of a general partner terminates
<br />is a corporation and any of the corporate stock is transferred, sold or assigned; or if the undersigned is a trustee of a trust and there is a
<br />change or any of the beneficial interest of the trust.
<br />24. Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law, but
<br />shall be cumulative. Every power or remedy hereby given to Trustee or Beneficiary, or to which either of them may be otherwise
<br />entitled, may be exercised from time to time and as often as may be deemed expedient by them, and either of them may pursue
<br />inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may enforce tae sale thereof
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