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<br />Beneficiary, Beneficiary's agent, or to a court appointed receiver. In such event,
<br />and should possession be restored, all rents and profits received thereby shall be
<br />applied, less costs and expenses of management and collection including
<br />attorneys fees, to the indebtedness secured hereby, in such order as Beneficiary
<br />may determine. In such event, and should Beneficiary be entitled to restitution of
<br />possession as provided for herein, Trustors do, by these presence assign such
<br />rents and profits to Beneficiary. The entering upon and taking possession of the
<br />Trust Estate, the collection of such rents, and profits and the application thereof as
<br />set forth above, shall not cure or waive any default hereunder or invalidate any act
<br />done in response to such default. Notwithstanding, the continuance and
<br />possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments or by law u,pon occurrence of any event
<br />of default, including the right to exercise to the power4f sale:
<br />b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver or specifically enforce any of the covenants hereof;
<br />Deliver to Trustee, a written declaration of default and demand for sale.
<br />11. POWER OF SALE. Should Beneficiary elect to demand sale:
<br />a. Upon receipt of such demand from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as
<br />then required by law and by this Deed of Trust. Trustee shall proceed to, without
<br />demand on Trustor, after such time as may then be required by law, sell the Trust
<br />Estate at the time and place of sale fixed by it in such Notice of Sale, at public
<br />auction to the highest bidder for cash and lawful of the United State payable at time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and
<br />sufficient deed or deeds conveying the property so sold, but without a covenant or
<br />warranty, express or implied. The recitals in such deed of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. Any person, including, without
<br />limitation, Trustor, Trustee and Beneficiary, may purchase at such sale and Trustor
<br />hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />As may be permitted by law, after deducting all costs, fees and expenses of
<br />Trustee and of this Trust, including costs of evidence of title in connection with
<br />sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended
<br />under the terms hereof, not then repaid, with accrued interest at the maximum rate
<br />per annum then allowed by the laws of the State of Nebraska, (ii) all other sums
<br />then secured hereby, and (iii) the remainder, if any, to the person or persons
<br />legally entitled thereto.
<br />C. Trustee may in the manner provided by law, postpone sale of all or any portion of
<br />the Trust Estate.
<br />12. REMEDIES NOT EXCLUSIVE. The acceptance of this Deed of Trust and its enforcement
<br />whether by court action or pursuant to a power of sale or other powers herein contained, shall not
<br />prejudice or in any manner affect Trustee's or Beneficiary's right to rely upon or enforce any other security
<br />now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of
<br />them, shall be entitled to enforce this Deed of Trust or any other security now or hereafter held by
<br />Beneficiary or Trustee in such order and manner as they or either of them may determine. No remedy
<br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other
<br />remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or
<br />remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be
<br />otherwise 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 inconsistent
<br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />judgment against the Trustor to the extent such action is permitted by law.
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