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89- 100611 �► EVEN•IN tlh I►EFAI'I T .gym it tbt• hdl+tt mg e% ums ;hall he• eltenu•d ;rn et,•n1 4defaiiIt he-n-under; taco Trustor shall heave failed tat nutke p;lvnlent eat arty i nstallinnnt of interest. prui ip.tl 1,1• 111-1114-111;11 mad interest or any ,other sum sevurM horela• "loon duo, or tb) There hats 4w Ilrred it I, tr• it-I1 0 -or duIittoIt mkder tally turn). 1-4 IV to I I I if I L IIgn' el nenl,(•e III dltt+ttl,it rta'I sit in. representation or warranty contained in any Of the IAMU Instruments. Id). AtTFI.FHiV1 t)N ('1't)N I) 1s I -At11N.AI)DITH)NAT.HPa11•IMES. Should tmeventof default taclrrBeneficiary r uttw dtr•lare all indel+tnums st-cured hereby tat IK• date and payable and the snnte shall thereupon Ittwome due land ptlyuhle I without any presentment. demand, linitest tit, notice (of any kind. Thereafter Heneficiar v may: tit Either in pet•son or hr agent, with or mthout bringing any action or proceeding, or by a receiver aplltti nted by it court and without regard to the ;adequacy of its swurity, enter upon and take possession of the Trust Estate, or any part thereof, in its town name for in the na ne elf Tru%ttY•, and do any arts which it tleentq n(ovessary ordesirableto preserve the value, market- ability or rentahility of the Trust Estate, or part thereof or interest therein• increase the income therefrom or protect: -the security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due anti unpaid, and apply the same, less costs and expensesof operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine,.. The entering upon and taking possession of the Trost Estate, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidateany actdone in response to such default or pursuant to such notice of default and, notttithatanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments or by late upon occurrence of any event of default~ including the right to exercise the power of sale; (ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (iii) Deliver to Trustee a written declaration of default and demand for sale, and a .written notice of default and selection to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located. 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained. Beneficiary shah notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. . (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustclr, after such time as may then be required by late and after recordation of such Notice of Default and afterNotice of Sale having been given as required by late. sell the Trust Estate at the time and place of sale fixed byitin such Notice of gale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may deter- mine. at public auction to the highest bidder forcash in la efid. money of the United States payable atthe time ofsale, Trustee shall driver to such purchaser or purchasers thereof its good ltd sufficient deed of deeds conveying the property so sold, but without any covenant or warranty, express or implied. "3"r�t� recitals in such deed. ©Fury matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor; Trustee and Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend•the title of such purchaser or purchasers. . (b) As may be permitted. by law, after deducting Trustee Fees in tPte amount of S 1 O 0.0 O , Trustee shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited tot trustee fees of not more than 1/2 of 1% of the gross sales price, reasonable attorney's fees and costs of title evidence; (b) to all ntiiiw ev. iI'ivu t"ij thin D of Tieiat; lL) tRJ Talc ltaYme at of jtwxiur nisi: Dewitt, murigages or other lien hoWers ;,and (d) the balance, if any, to the person or persons legally entitled thereto. (c) Trustee may in the manner providei- by lato, postpone sale of all or any portion of the Must Estate. 12 REMEDIES NOT EXCLUSIVE. Trustee and BtetuetSciary. and each of them, shall be entitled to enforce payment and pea: f 4rmance of any indebtedness, or obligations secured bereby and to exercise all rights and powers under this Deed of Trust or tender any Loan Instrument. er other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby rtta,R "now or hereafter be otherwise secured, whether by-mortgage, deed of trust, pledge lien, assignment or otherwise. Neither the acceptaTweofthis Deed ofTiustnerits enforcement whether by court action or pursuant to the power of sale or other powers herein, contained. shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other.sedurity now or hereafter held by Trustee orBeneficiary, it being agreed that Trustee and Beneficiary, and each of t4em. shall be, entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Traste a in such order, and manner as they nr either of them may in their absolute discretion determine. No remedy; fte-tein conferred upon or t,reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein cr by ta:ac�rovidedcz Iiermltted. L iit eneh or —%Il hw eltrnlllntiva tlnrt class itp asp Prt?rilifinn to every other remedy given hereon de.' or m6w ,ar hereafter eidsting at law or inequity or by statute. Every power or remedy givers by any of the Loan Instrdmer .s, to Trustee or Benefi -ia y or to which either of them may be otherwiseentitltid, may be exercised, concurrently or indegh:dently, from time to tirneand as often as may be deemed expedient by Trustee,or Bene• f1dany'and either of them may pursue inconsistent remedies. Nothing I. -, ,rein shall be construed as prohibiting B#neficiary 5rotn seeking a deficiency judgment against the Trustor to the extent -such action is permittd by law. REQUEST FOR NOTICE. Trustor hereby requests a cepy of any notice ofdefault and that any notice ofsale hereunder be mait.,ed to it at the address set forth in the first parap.-a:h of this Deed of Trust. 14: GOVERNING LAW. This Deed of Trust shall be•r d „erned by the laws of the Stateof Nebraska. In the event that any provision or clause of any of the i ian Instruments con acts with applicable lasts, such conflic=ts shall not affiet other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the pro- visions of the Loan Instruments are declared to be severable. This instrument cannot lie waived, changed, discharged or terminated orally, but only by an. instrument in writing signed by the party against whom enforcement of any maiver, change. discharge or termination is sought. 15. RECONNTYANCEBYTHUSTER U pun, written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note w Trustee for cancellation and retention and upon pay- ment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto: without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The, grantee in any reconve• •ance maybe described as "the person or persons legally entitled thereto ". 16. NOTICES. Whenever Beneficiary. Trustor or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, Path such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delive'rPti by personal service or mailed by certified mail, postage prepaid. return receipt requested, address4 -d to the address set forth ni the beginning of this Deed of Trust. Any party may at this time change its address for such.af,ti _v'S by delivering or mailing tit the other parties hereto, as aforesaid. a notice of such change. L 17. ACCEPTAN(`.'! 13'Y,.ITPUSTEE. Trustee accepts this Trust %vhe•n this i)vvil of "l'rust. duly executed .and acknott•- lodged, is made a Vuhlic rot :t;rtf..ls provided by law. IN WITNESS WHEREOF. Trusmr hoax executed this I)ee•d (if •I'rust a1 r,l the day and vear first shove wTltten. TRUSTEE. Trustee accept,, tht.. Trust tivhi,n this 1 >,•e•r1 r,f Trust, duly executed and acknow• ledgcvl, is made a puhhc record a� pr+,vuler! In• I;tw. iN WI'i'til•:SI, lIF•:I1K(F hl. IhY rf Tnt,t .,• ..I the I ;tv ;and vear first ,I),,ve written f i• R41 � kw• a