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12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN
<br />TRUSTOR. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial
<br />interest in Trustor is sold or transferred and Trustor is not a natural person) without Beneficiary's prior
<br />written consent, Beneficiary may, at its option, require immediate payment in full of all sums secured by
<br />this Security Instrument, however, this option shall not be exercised by Beneficiary if exercise is
<br />prohibited by federal law as of the date of this Security Instrument. If Beneficiary exercises this option,
<br />Beneficiary shall give Trustor notice of acceleration. The notice shall provide a period of not less than 30
<br />days from the date the notice is delivered or mailed within which the Trustor must pay all sums secured
<br />by this Security Instrument. If Trustor fails to pay these sums prior to the expiration of this period,
<br />Beneficiary may invoke any remedies permitted by this Security Instrument without further notice or
<br />demand on Trustor.
<br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event
<br />of default hereunder:
<br />a. Trustor shall have failed to make payment of any installment of interest,
<br />principal, or principal and interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to
<br />Trustor prior to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed
<br />in accordance with the requirements of the Nebraska Trust Deed Act. If the default is not cured on or
<br />before the date specified in the notice, Beneficiary at its option may require immediate payment in full of
<br />all sums secured by this Security Instrument without further demand and may invoke the power of sale
<br />and exercise all other rights and remedies permitted by applicable law. Trustor shall be entitled to collect
<br />all expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to,
<br />reasonable attorney's fees and costs of title evidence. If power of sale is invoked, Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without
<br />demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and place and
<br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the
<br />time, and place of any previously scheduled sale. Beneficiary or its designee may purchase the Property at
<br />any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed
<br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
<br />expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and
<br />reasonable attorney's fees; (b) to all sums secured by this Security Instrument; (c) to junior lienholders;
<br />and (d) any excess to the person or persons legally entitled to it.
<br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to
<br />Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or
<br />abandonment of the Property, have the right to collect and retain such rents as they become due and
<br />payable. Upon acceleration as provided herein or abandonment of the Property, Beneficiary (in person,
<br />by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and
<br />manage the Property and to collect the rents of the Property including those past due. Any rents collected
<br />by Beneficiary or the receiver shall be applied first to payment of the costs of management of the
<br />Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's
<br />bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument.
<br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other
<br />agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness
<br />and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its
<br />enforcement whether by court action or pursuant to the power of sale or other powers herein contained,
<br />shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other
<br />security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held
<br />by 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 intended
<br />to be exclusive of any other remedy herein or by law provided or permitted, 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 in
<br />equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or
<br />Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and
<br />either or them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting
<br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted
<br />by law.
<br />17. FIXTURE FILING. To the extent that improvements and Property constitute
<br />fixtures, this instrument shall be filed in the real estate records of the County of the location of the
<br />Property and be deemed a fixture filing.
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