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<br />201600847
<br />10. BENEFICIARY IN POSSESSION. Upon acceleration as described herein or
<br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed
<br />receiver) shall be entitled to enter upon, take possession of and manage the Property and to
<br />collect the rents of the Property including those past due. Any rents collected by Beneficiary or
<br />receiver shall be applied first to payment of the costs of management of the Property and
<br />collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds
<br />and reasonable attorney's fees, and then to the sums secured by this Deed of Trust.
<br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall
<br />be entitled to enforce payment and performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
<br />Instrument or other agreement or any laws now or hereafter in force notwithstanding some or all
<br />of the such indebtedness and obligations secured hereby may now or hereafter be otherwise
<br />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
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter
<br />held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by
<br />Beneficiary or Trustee in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each
<br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the
<br />Trust Instruments to Trustee or Beneficiary, or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as
<br />may be deemed expedient by Trustee or Beneficiary, and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from
<br />seeking a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />12. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the
<br />State of Nebraska. This instrument cannot be waived, changed, discharged or terminated
<br />orally, but only by an instrument in writing signed by the party against whom enforcement of any
<br />waiver, change, discharge or termination is sought.
<br />13. RECONVEYANCE. Upon payment of all sums secured by this Deed of Trust,
<br />Trustee shall, without warranty and without charge, promptly reconvey the Property and shall
<br />surrender this Deed of Trust and all notes evidencing debt secured by this Deed of Trust.
<br />14. NOTICES. Any notice to Trustor provided for in this Deed of Trust shall be given
<br />by delivering it personally or by mailing it by first class mail unless applicable law requires use of
<br />another method. The notice shall be directed to the Trustor's address or any other address
<br />Trustor designates by notice to Beneficiary. Any notice to Beneficiary shall be given by first
<br />class mail to Beneficiary's address stated herein or any other address Beneficiary designates by
<br />notice to Trustor. Any notice provided for in this Deed of Trust shall be deemed to have been
<br />given to Trustor or Beneficiary when given as provided in this paragraph.
<br />15. ACCEPTANCE BY TRUSTEE. Trustee accepts this Deed of Trust when this
<br />Deed of Trust, duly executed and acknowledged, is made a public record as provided by law.
<br />16. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and
<br />indefeasible title and estate to the Property hereby conveyed and has the right to grant and
<br />convey the Property; the Property is free and clear of all liens and encumbrances, other than
<br />those, if any, communicated to Beneficiary; and Trustor will warrant and defend the title to the
<br />Property against all claims and demands.
<br />17. COMPLIANCE WITH LAWS. Trustor shall comply with all laws, ordinances,
<br />regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer
<br />or permit any act to be done in or upon the Property in violation of any law, ordinance,
<br />regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in
<br />good workmanlike manner any building improvement or personal property constituting part of
<br />the Property which may be damaged or destroyed and pay, when due, all claims for labor
<br />performed and materials furnished therefor and for any alterations thereof.
<br />18. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY.
<br />Trustor shall make all payments of interest and principal and payments of any other charges,
<br />fees and expenses required to be paid by the terms of any prior or subsequent deed of trust or
<br />mortgage before the date they are delinquent or in default, and promptly pay and discharge any
<br />and all other liens, claims or charges which may jeopardize the security granted herein. If (a)
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