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200105281 . 25. Events of Defau /t. Each of the following occurrences shall constitute f Trust It of defad when dueerafte(hereinafter g n9 effect to any applicable (a) Any amount payable under the Obligations secured by this Deed o grace period therein, (b) Trustor is otherwise in default under the terms of the Obligations, ts, or (C) Trustor fails to observe or perform any of the covenants, agreemen we oft title made byDeustor innrth s Deed of Trust is false or (d) Any representation or warranty including, but no materially misleading, or or (e) Trustor sells or conveys the Trust Property, or any part thereof, rl without,the prorhwrittenpconsent of Beneficiary. Foreclosure. or any interest therein, in any manner Y a Beneficiary may, at its option, declare all obligations dault rater if hereby , set forthin the muost recent 26. Acce %ration of Debt; Forec %sure. Upon the occurrence of any Event of Default, or any time thereafter until such Event of Default payable cured a the satisfaction of Beneficiary, and the same shall bear interest at the default rate, if any, set forth in the Note or the Lion and in its sole discretion, without any further notice or demand to or upon Trustor, do one or more of obligation covered by the Guaranty, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercise said option, it may, at its p the following: art thereof; make repairs and (al Beneficiary may enter upon, take possession of, manage and operate the Trust Property n any p alterations and do any n me sue foenef otherwise deems coflect and eceive rents, issues on�bleoattorneysafees those and past eneficiary's costs,/ upon possession, in its own Trustor shall assemble and apply the same, less costs and expenses of operation and collection, including Possession of the request of the Obligations secured hereby and in such order as Beneficiary may determine. cation thereof . The entering upona and t cure o waive any shall make availablecollectioBeneficiary any y of the eves and profits,Nand the appen removed. The entering upon and taking p Trust Property, application of rents, issues or profits, default theretofore or thereafter occurring, affeccontinuance in possession possession orreceipt ati d ap upon or ofte rents, occurrenceoof an Event to any such notice. Notwithstanding Beneficiary shall be entitled to exercise every right provided for in this Deed of of of Default, including the right dote determine without egard to the adequacy of any security for the �Ob gations secured herebyBenefic�ary a the actions referred to in such time as Beneficiary may having rd t o he a without notice, to take possession of, protect, and manage the Trust Property and operate (bl Beneficiary shall, without regard to the adequacy of any security for the Obligations secured hereby, be entitled to they and pen of a receiver by any court gl the same and collect the rents, issues and profits therefrom. (c) Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of Trust or enforce any of the covenants hereof. (d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of sale, and in such event, of Beneficiary or Trustee shall notice which may be then default required by laws Thereafter, ace upon ecified b Deed the notice o� ale, shall the giving Trust forth herein and any other no such notice of sale as may then be required bylaw, Trustee, at the time and p p Property, or any part the iece�t oifipaymeni of the bid at proe/i Trustee shat apply the proceeds in the following order (i1 to thenctost and Plus States of America. Upon p expenses of exercising the power sale pride, and reasonable dattornetys' fees, to the sObligations, and tO more than $ 500, the excess, any, to the one -half of one percent of gross person or persons legally entitled thereto. All costs and expenses incurred by Beneficiary na n attorney afoot right nd court tcosDeshalf be and constitute Obligations secured he tee title without limitation, abstract fees, appraisal fees, premiums for tit insu 27. Duties of Trustee. Trustor agrees that. performance of such duties and obligations as are specifically set forth herein, and no implied covenants or (a) The duties and obligates of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee s a no be liable except for the obligations shall be imposed upon Trustee, (bl No provision of this Deed of /es Trust shall require the exercise any risk its rights o is or powers, or otherwise incur any financial obligation in the performance of any of its dut (c) Trustee may consult with counsel of its own or suffered by it hereunder in good faith and reliance ethereon, andp/ete authorization an protection in the respect of any action (d) Trustee shall not be liable conferred Lion taken i by by it in g of faith and reasonably believed by it to be authorized or within its discretion or rights or powers agreement and 28. Security Agreement and Fixture Filing. From the date of its recording, this Deed of Trust shall constitute a security ag together with all other property of Trustor, either similar or dissimilar to the same, now or fixture filing under the provisions of the eNtebra� a Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the Trust Property, For this purpose, the following information is set forth: hereafter located at or on the Trust Property. (b) Name and Address of Secured Party /Beneficiary: (a) Name and Address of Debtor/Trustor: W. Elkins Wells Fargo Bank Nebraska, N.A. Gretchen L. Elkins and Darrel — 304 West Third Street 1318 Park Ave 68803 -3043 Grand Island, NE 68801 Grand Island, NE (c) Debtor's Social Security Number /Federal Taxpayer 1. D. Number 505547266 (d) This document covers goods which are or are to become fixtures. (e) The name of the record owner of the Trust Property is the Debtor/Trustor described above. advances, with interest thereon, shall be secured b! sect Deed e security, exceed the total sum eof principal 29. Future Advances. Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Property by Trustee to Trustor, may make future advances to Trustor. Such future amount of the Obligations secured by this Deed of Trust, not including sums advance to p $ 28 000.00 y any Nothing herein contained shag de by Beneficiary to protect the sechurity, under der theoterms hereof, Cwhile ddiscrel discretionary, shall not be deemed to Advances of disbursement be optional advances. is Deed of Trust and all notes evidencing Obligations secured ns legally entitled thereto. to personror persons 30. Reconveyance. Upon payment of all Obligations secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the rut Property and shall surrender reconvey the Trust Property without warranty and without charge to the person or p shall pay all costs of recordation, if any. appoint a Successor Trustee to any Trustee 31. Substitute Trustee. Beneficiary, at its option, may from time which time remove Trustee and app acab /e law. appointed hereunder by an instrumet shall succ �d tto a l title, power and duties conferred rupon Trustee herein hand by applicable of the Trust Property, the Successor Trust 32. Miscellaneous Rights of Beneficiary. Beneficiary may at anytime and from time to time, without notice, consent to the making o any personal property remaining upon the Trust puree or under Trust Property l u f has Trusteers sale spied plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to alter or amend the terms of this Deed of Trust. Any p or occupied by Beneficiary, its agent or any purchaser been awing need by sale foreclosure, shall be conclusively presumed to have been abandoned by Trustor. _r -- - .:,.e .,f ,ipfault and notice of sale made or executed by Trustee pursuant to the provisions