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<br /> however,hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are not, at such
<br /> time,in default with respect to payrnent of any indebtedness secured hereby, or in the performance of any agreement hereunder. If
<br /> any event of default described hereafter in respect to this Deed of Trust shall have occurred and be continuing,the Beneficiary, as a
<br /> matter of right and without notr�ce to Tn�stors or anyone claiming under Trustors,and without regard to the value of the trust estate or
<br /> the interest of the Trustors therein,shall have the right to apply to any court having jurisdiction to appoint a 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 puipose
<br /> of inspecting the same and for the purpose of perfornung any of the acts they are authorized to perfomi under the terms of any loan
<br /> insfiunents 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 consent
<br /> of the Beneficiary,the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and proceed to
<br /> 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 warranty
<br /> 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 banl�upt or insolvent,or shall make an assignment
<br /> for the benefit of creditors in respect to the property;or an action to enforce any lien or encumbrance or judgments against the
<br /> property is commenced.
<br /> il. 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 presenhnent,demand,protest or notice of any ldnd. Thereafter,the Beneficiary
<br /> 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 without
<br /> regard to the adequacy of any security,enter upon and take possession of the properiy,or any part thereo�in its own name or
<br /> in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, marketability oi
<br /> rentability of the property,or part thereof,or interest therein,increase the income therefrom or protect the security hereof and,
<br /> without taldng possession of the property,sue for or otherwise collect the rents,issues and profits thereof,including those past
<br /> due and unpaid, and apply the same, less costs and experises of operation and collection, including attorney fees, upon any
<br /> indebtedness secured hereby, all in such order as the Beneficiary may detemune. The entering upon and talqng possession of
<br /> the trust estate,the collection of such rents,issues and profits and application thereof as aforesaid shall not cu.re or waive any
<br /> default or notice of default hereunder or invalidate any act and in response to such default or pursuant to such notice of default
<br /> and notwithstandutg the continuance in possession of the property or the collection, receipt and application of rents,issues or
<br /> profits,Trustee or the Beneficiary may be entitled to exercise every right provided for in any of the loan instruments or by law
<br /> 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 property to be sold,which notice Trustee shall cause to be duly filed for record in the o�icial records of
<br /> 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 to
<br /> Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.Trustee shall without demand on
<br /> Trustor,after such time as may then be required by law and after recorda.tion of such Notice of Default and after Notice of Sale having
<br /> been given as required by law,sell the properiy at the time and place of sale fixed by it in such Notice of Sale,either as a whole,or in
<br /> separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may detemline,at public auction to the highest
<br /> bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold, consistent with the law then in
<br /> effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the
<br /> proceeds of the sale in the following order: (a)to all reasonable costs and e�enses of the sale,including but not limited to Trustee's
<br /> fees of not more than 2%of the gross sale price,reasonable attomey fees and costs of tifle evidence; (b)to all sums secured by this
<br /> Deed of Trust;and(c)the excess,if any,to the person or persons legally entifled thereto. Any person,including the Beneficiary,may
<br /> purchase said property at said sale. Trustee may in the manner provided by law,postpone sale of all 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 which
<br /> may now or hereafter be otherwise secured,whether by mortgage, deed of trust,pledge, lien, assignment or otherwise. Neither the
<br /> acceptance of this Deed of Trust nor its enforcement,whether by court action or pursuant to the power of sale or other powers herein
<br /> contained,shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any other sec�ity now
<br /> or hereafter held by Trustee or the Beneficiary,it being agreed that Tnistee and the Beneficiary,and each of them, shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner as they
<br /> may in their absolute discretion determine. No remedy herein confened upon or reserved to Trustee or Beneficiary is intended to be
<br /> exclusive of any other remedy herein or by law provided or permitted,but each shall be cumulative and shall be in addition to every
<br /> other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every power or remedy given by any of the
<br /> loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise entitled may be exercised,concurrenfly or
<br /> independently,from time to time and as often as may be deemed expedient by Trustee or Beneficiary,and either of them may pursue
<br /> inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary from seeking a deficiency judgment against
<br /> Trustors to the extent such action is pemvtted 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 fust 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,substihtte a successor to the Trustee named herein or acting hereunder.
<br /> lb. This Deed of Tmst applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives,
<br /> successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether ar not named as Beneficiary
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