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201603203 <br />In the event that the property is sold pursuant to the power of sale conferred upon the Trustee hereunder, <br />the Trustee shall cause to be filed of record a written notice of default and election to sell such property. <br />After the lapse of such time as then may be required by law following recordation of such notice of default, <br />and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell <br />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 <br />by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale <br />by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to <br />such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recital in such deed of any matters of fact or otherwise shall be conclusive proof of the <br />truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at such sale. <br />Trustee may also sell at any such sale and as part hereof any shares of corporate stock securing the obligation <br />secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also <br />foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such sale.) <br />The Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of exercising the <br />power of sale and of the sale, including the payment of Trustee's fees actually incurred, not to exceed five <br />percent of the principal balance unpaid at the time of recording the notice of default; second, to the payment <br />of the obligation secured the time of recording the notice of default; second, to the payment of the obligation <br />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 <br />maturity of the indebtedness secured hereby, a tender of payment of the amount necessary to satisfy the <br />entire indebtedness secured hereby, made at any time prior to a foreclosure sale, whether under the power of <br />sale contained herein or pursuant to judicial foreclosure proceedings, shall constitute an evasion of the <br />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 <br />required under the prepayment privilege, if any, contained in any note secured hereby; or, if at that time there <br />shall be no privilege, if any, contained in any note secured hereby; or, if at that time there shall be no <br />privilege of prepayment then such payment to the extent permitted by law, will include a premium for such <br />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 <br />hereby grant to Beneficiary, a security interest in any and all of such property which is personal property <br />owned by Trustor and now or hereafter located on or used in connection with such property including, but <br />not limited to, all fixtures, owned by Trustor and now or hereafter located on, attached to or used in and <br />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 <br />property owned by Trustor as are ever to be used or furnished in operating the Improvements, or the activities <br />conducted therein, and all renewals or replacements thereof or substitutions therefore, conducted therein, and <br />all renewals or replacements thereof or substitutions therefore, whether or not the same shall be attached to <br />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 <br />to time, upon request of Beneficiary, provide Beneficiary with a current inventory of all of the personal <br />property in which the Beneficiary is granted a security interest hereunder, in such detail as Beneficiary may <br />require. Any lien created against personal property will be in compliance with Regulation AA. <br />17. Security Agreement: This Deed of Trust constitutes a security agreement between Trustor and <br />Beneficiary with respect to all respect to all personal property in which Beneficiary is granted a security <br />interest hereunder, and, cumulative of all other rights and remedies of Beneficiary hereunder, Beneficiary <br />shall have all of the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. <br />Trustor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints <br />Beneficiary the attorney -in -fact of Trustor to execute and deliver and, if appropriate, to file with the <br />appropriate filing officer or officers such security agreements, financing statements, continuation statements <br />or other instruments as Beneficiary may request or require in order to impose, perfect or continue the <br />perfection of the lien or security interest created hereby. Upon the occurrence of any default hereunder not <br />cured within any applicable grace period, Beneficiary shall have the right to cause any of such property <br />which is personal property and subject to security interest of Beneficiary hereunder to be sold in one of <br />public or private sales as permitted by applicable law, including at a sale held in conjunction with the sale of <br />such property by Trustee, as provided for in this Deed of Trust, and Beneficiary shall further have all rights <br />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 <br />of retaking, holding, preparing for sale, selling or the like shall be borne by Trustor and shall include <br />Beneficiary's and Trustee's fees and legal expenses. Beneficiary shall have the right to enter upon the Real <br />Estate and the Improvements or any other real property or any personal property which is the subject of the <br />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 <br />make it available to beneficiary at a place deemed reasonably convenient to Beneficiary. If notice is required <br />by law, Beneficiary shall give Trustor at least five (5) days' prior written notice of the time and place of any <br />public sale or other intended disposition is to be made, and, if such notice is sent to Trustor, as the same is <br />provided for the mailing of notices herein, it is hereby deemed that such notice shall be and is reasonable <br />notice to Trustor. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a <br />public sale conducted in a reasonably commercial manner if held contemporaneously with the sale under the <br />power of sale granted in this Deed of Trust upon giving the same notice with respect to the sale of the <br />personal property hereunder as is required with respect to the sale under the power of sale given the Trustee <br />under this Deed of Trust. <br />18. Fixture Financing Statement: This Deed of Trust is intended to be a financing statement within <br />the purview of the Nebraska Uniform Commercial Code with respect to those items of such property as <br />constitute fixtures on the Real Estate. The address of Trustor (Debtor) and Beneficiary (Secured Party) are <br />set forth on the first page of this Deed of Trust. This Deed of Trust is to be filed for record with the Register <br />of Deeds of the County where the real estate is located. Trustor is the record owner of the real estate. <br />8123.CV (8/14) 9160018 <br />Page 5 of 7 <br />2 <br />GOTO(0016bfOb) <br />