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<br /> beneficiary, however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are
<br /> not, at such time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement
<br /> hereunder. If any event of default described hereafter in respect to this Deed of Trust shall have occuned and be continuing, the
<br /> Beneficiary, as a matter of right and without notice to Trustors or anyone claiming under Trustors,and without regard to the value of
<br /> the trust estate or the interest of the Trustors therein, shall have the right to apply to any court having jurisdiction to appoint a
<br /> receiver of the property.
<br /> 8. The Beneficiary, or its agents, are 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 authorized to perform under the terms of
<br /> any loan instruments executed by Trustors.
<br /> 9. If all or any part of the property or any interest of Trustors is sold, transferred or further encumbered without the written
<br /> consent of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and
<br /> proceed to the remedies available to it under the default provisions contained herein.
<br /> 10. Any of the following events shall be deemed an event of default hereunder:
<br /> a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby when
<br /> due;
<br /> b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or
<br /> wananty contained in this Deed of Trust,the note or any other loan instrument secured hereby;
<br /> c. There has been a default by the Trustors in the payment of any prior or subsequent lien or encumbrance in respect to all or any
<br /> part of the property;
<br /> d. Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall make an
<br /> assignment for the benefit of creditors in respect to the property;or an action to enforce any lien or encumbrance or judgments
<br /> against the property is commenced.
<br /> 11. In the event of any default, the Beneficiary may declare all indebtedness secured hereby to be due and payable and the same
<br /> shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the
<br /> Beneficiary may:
<br /> a. either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and
<br /> without regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, in its own
<br /> name or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value,
<br /> marketability or rentability of the property, or part thereof, or interest therein, increase the income therefrom or protect the
<br /> security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof,
<br /> including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including
<br /> attorney fees, upon any indebtedness secured hereby, all in such order as the Beneficiary may determine. The entering upon
<br /> and taking possession of the trust estate, the collection of such rents, issues and profits and application thereof as aforesaid
<br /> shall not cure or waive any default or notice of default hereunder or invalidate any act and in response to such default or
<br /> pursuant to such notice of default and notwithstanding the continuance in possession of the property or the collection, receipt
<br /> and application of rents, issues or profits, Trustee or the Beneficiary may be entitled to exercise every right provided for in any
<br /> of the loan instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale;
<br /> b. commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br /> covenants hereof,
<br /> c. deliver to Trustee a written declaration of default and demand for sale, and written notice of default and election to cause
<br /> Trustors' interest in the properly to be sold, which notice Trustee shall cause to be duly filed for record in the official records
<br /> of the county in which the property is located.
<br /> 12. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify Trustee
<br /> and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured
<br /> hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall without demand
<br /> on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale
<br /> having been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a
<br /> whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public
<br /> auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold,consistent
<br /> with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br /> Trustee shall apply the proceeds of the sale in the following order: (a)to all reasonable costs and expenses of the sale, including but
<br /> not limited to Trustee's fees of not more than 2%of the gross sale price, reasonable attorney fees and costs of title evidence; (b)to all
<br /> sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person,
<br /> including the Beneficiary, may purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all
<br /> or any portion of the property.
<br /> 13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other
<br /> agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby
<br /> which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br /> Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other
<br /> powers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any
<br /> other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of
<br /> them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in
<br /> such order and manner as they may in their absolute discretion deternune. No remedy herein confened upon or resen�ed to Trustee
<br /> or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or pernutted,but each shall be cumulative
<br /> and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every
<br /> power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise
<br /> entitled may be eaercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or
<br /> Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary
<br /> from seeking a deficiency judgment against Trustors to the extent such action is permitted by law. �
<br /> 14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the
<br /> address set forth in the first paragraph of this Deed of Trust.
<br /> 15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in
<br /> the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of
<br /> Nebraska, substitute a successor to the Trustee named herein or acting hereunder.
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