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<br />S. EVEMM OF DEFAULT. Any of the rallowing events shall he deemed an event of default hereunder.
<br />(a), Trnstor shall have tailed to make payment of any installmentof interest, principal, or principal and interest or any
<br />other sum secured hereby when due; or
<br />(b) There has occurred a breach of or default under any term, covenant, agreement, condition, provision. representation
<br />V4 or warraniy►_roritained in any of the Loan Instruments.
<br />Ice. ACCELERATION UPON DEFAULT. ADDITIONALRENIEDIES. Should aneventofdefaultoecurBeneSdary
<br />O may declare all indebeness secured hereby to be due and payable and the same shall thereupon become due and
<br />payable
<br />Cq without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may.
<br />O 0) Either in person or by agent. with or without bringing any action or prooesding or by areeeiver appginted by a court
<br />and without regard to the adequacy of its security. enter upon and take-possession of theTmstEstate.or
<br />anyparttltessof, in
<br />its own name or in the name of Trus4w- and do any acts which it derma necessary ordedrableto peeservethe value, market•
<br />ability at rentability of the Trust Estate, or thereof interest therein,
<br />part or increase the income therafrom or protect the
<br />' security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and
<br />profits thereof. including those past due and unpaid, and apply the same, less costa and
<br />expenses ofoperation and collection
<br />O including attunsys' few upon any indebtedness secured hereby. all in such order as Beneficiary may determine, The
<br />thersdas "M and taldna as tesaW. shall no possession
<br />ar waive de Estate. the oe de4'ault hereunder crinvalidate�y the application
<br />to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of theT us Edate
<br />or the collection, receipt and application of rents. issues or profits, Trustee or Beneficiary shall be entitled to exercise
<br />every
<br />right provided for in any of the Loan Instrmnenrss or by law upon occurrence of any event of default, including the right to
<br />exercise the power of sale;
<br />Q Commence an action to fcrr•edose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of
<br />the coven-at- hereof;
<br />(iii) Deliver to Truatae a written declaration of default acts. i!e=ancMvr sale, and a written notice of default and eleckm
<br />to cause TruatWe int el?e d in the T inm Estate to be sold. v Irdreh =LceTSrustee shall cause to be duly filed Sae record hz the
<br />appropriau Official Et& rds of the County in which the Thm'. Estateis located.
<br />IL FORECLOSURE By POWER OF SALE. Shouts Beneficiary elect to foreclose by exercise of tine Hoverer of Sale
<br />herein contained, Beaefirdary shat) notify Trustee and shall deposit with Trustee this Deed of Twst and the Netts and
<br />' i
<br />receipts and evidence of such
<br />ex:penditurea made and secured hereby as Trustee may require.
<br />(a) Upon receipt ofm,iai n.c 5uee from Senefrisry. Trustee shall cause to be recorded, published and delivered toTlusttar
<br />such Notice of DefaultandKoEm afSale as then required bylaw and by this Deed of Twat. Twsteeshall. without dtatar.3
<br />on Trustor, after such time ax =aythen be required bylaw and afterrecordation ofa uchNotieeofDefaultandalterNotizeof
<br />Sale having been given as Mu- &%f bylaw, sell the Trust Estateatthe timeand placeafsale fixadbyitin suchNotieeofse*
<br />either as a whole. or in separate iota or parcels or items as Trustee shall deem expedient, and iii each order as it may deuei~
<br />mine, at public auction ra the highest bidder forcash in law ful money effuse United States paysbl eazthe timeofsale. T e
<br />rusu
<br />shall deliverto such Brasereror purchasers thereof Its good and sui 't:i — itdeedofdeedsconv eyr4i:hepropeitys000ld,b+act
<br />without any covenant arwaacanty. express or implied. The to dtal, in such deed of any matterscr&jft ate be conclusive
<br />proof of the truthfulness. then ec F_ Amy person. including, without limitation. Twator.Trwtse andB�•, may purcirass
<br />at audt his and Trustor hereby - covenants to warrant and defend
<br />the title of such purchaserr mr g==%asers,
<br />(b) Aac'may be permitted by law, alter deducting Trustee Fes in the amount of :'•`fustier shall apply ties
<br />Mxssds of the sale in thi following _' ' "
<br />owing order: (sl) to all reasonable costa
<br />sluff G[penaes of the sale" iudsryiag, but not limited toy
<br />trr.,stes fese'of not more than IA Of 1% of the gross sales price, reasonable attornsyrs fears and aoeac of title evident� (b)to all
<br />.
<br />sums secured by this Deed of Tarsi; (e) to the payment of junior Trust Deeds, mortgages or otha Bm holder and (d) the
<br />balance; if any. to the person or parsons legally entitled thereto
<br />(c) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust Estates
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<br />12 REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, amd each of them, shall be entitled to enforce payment
<br />and performance of any indebtedness or obligations secured hereby
<br />and to exercise all rights and powers under this Dad of
<br />Trust or undo any Loan Instrumant or other agreement or any laws now or hereafter in force, noewithstsndinI g or all
<br />of the erode. indebtsdnese and obligations secured hereby rrsay now hereafter be
<br />or otherwise secured: whetheriby mortgage.
<br />deeds M wM pledge, ben. assignment orotherwise. NeithertheacceptanceofthisDadoflwstnoritsenfmnttientwhather
<br />;•'f ;
<br />by crsiut;, erAon or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manna affect
<br />Twstees'or Beneficiay's right to realize upon or enforce any other security hereafter hdd:
<br />now or fry Twstee orBeneSciary,
<br />it being agreed that Trustee and Bsmefrciary. and each of them. shall be entitled to enforce thin Dead of Trust and any other
<br />security now or hereafter hold by Beneficiary or Trustee in such order and manner as they ce ei +firer of them may in their
<br />absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br />st :'
<br />exclusive of any other remedy herein or by law provided or permitted. but each shall be cumulative and shall be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by steluta: Every power orremedy
<br />given by any of the Lcan Instruments to Trustee or Beneficiary or to which either ofthem may beet:Qherwise entitled. msjr be
<br />exerds4 cMc: -= axtiy -or independently. from time to time and as at Lin as may be deemed
<br />Y 'ran! by Trustee or Bens
<br />ficiary w,)A ei %w aftl;,xin may pursue inconsistent remcdi re, Nothins herein shall be construed as prohibiliza Beneficiary
<br />from st dd�„g a deficiency judRrpent against the Trustor to the extent such action is pamittd by law.
<br />RE Y-2MFORNOTICE. Trustor hereby requests a eopyofanynoticeofdefaultandthatanynodeeof"heieuiida
<br />be mailed to it at the address set forth in the twat paragraph of this Deed of Trust
<br />14- GOVERNING LAW. This Deed of`T1n at shall be governed by the laws of the State of Nebraska. In the event that
<br />any provision or clause of any of fire Loan Instruments conflicts with applicable laws. such conflicts shall not afTectother
<br />• provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the
<br />pre,
<br />visions of the Loan Instruments are declared to be severable. This instavment.cannot be waived. changed, discharged err
<br />terminated a*Uy, but only by an instrument in writing signed by the party against whom enfarcement of any wsivarr;
<br />change. discharge wtamination issoughe. ,
<br />15. RECONVEYANCEBYTRUSTEF.. Upon written request of Beneficiary allting thatall sums secured hereby have
<br />been paid. and upon surrender of this Decd of Trust and the : Tote to .ti wtee for cancellation and retention and upon
<br />pay
<br />meet by Tsustor of Trustee a tc, Tlrustee shall recrmvey tar Trustor, or the person or persons legally entitled thereto. without
<br />warranty. any portion of the Trust Fstate then held hereunder. The ndtals in such reeonveyanee of any or facts
<br />matters
<br />shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyanee may be described as "the person or
<br />persons legally entitled thereto ".
<br />IS NOTICES. Whenever Beneficiary. Tlrustnr n? Trustee shall desire to give or serve any notice. demand. request or
<br />other communication with respect to this feed of Trust. each such notice, demand. request or other communication be
<br />shall
<br />in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail. postage prepaid,
<br />return receipt requested, addressed to theaddress set forth the beginning
<br />at of this i eedofTrust Any party may atthis time
<br />change its address for such notices: by delivering or mailing to the other parties hereto, as aforesaid. a notics of such change.
<br />11. AMEP*r rtNCF. BY TRUSTEE. Trustee aceepLs this 7Yust when this Deed of Trust, duly executed and acknow-
<br />ledged, is-rnade a p•,sb!L- record as provided by law.
<br />IN WITNESS WHEREOF. Trustor has executed this need of Trust as of the day and year first above written.
<br />L TRUSTEE. Trustee accewpt this Trust when this need
<br />of Trust. duly executed and acknow-
<br />ledged, is made a ts•tb'i: record as provided ley law. ,
<br />IN WI'i'A'ESS WHERROF. Tm, ;t(,r herb executed this I)ecd cif Tryst as of the day and year first above written.
<br />tit-
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