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200107219 Instrument. The receiver or its agents shall be entitled to enter upon and take possession of any and all of the Property. The receiver, personally or through its agents or attorneys, may exclude Trustor and its agents, servants, and employees wholly from the Property, and have, hold, use operate, manage and control the same and each and every part thereof, and keep insured the properties, equipment, and apparatus provided or required for use in connection with the business or businesses operated on the Property, and make all such useful alterations, additions, betterments, and improvements as the receiver may deem judicious. Such receivership shall, at the option of Beneficiary, continue until full payment of all sums hereby secured, or until title to the Property shall have passed by foreclosure sale under this Instrument and the period of redemption, if any, shall have expired. 16. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall 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 Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash or cash equivalent payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed conveying the property sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any person, including, without limitations, Trustor, Trustee or 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 all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title and reasonable attorney fees, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms hereof, not then prepaid, with accrued interest; (ii) all other sums secured hereby; and (iii) the remainder, if any. to the person or persons legally entitled thereto. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor. (c) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust Estate. 17. REMEDIES NOT EXCLUSIVE. In the event of default, the remedies provided in this Deed are not exclusive of any other remedies available to the Beneficiary and Trustee as allowed by law. 18. ADDITIONAL TRUSTEE POWERS AND LIMITS OF LIABILITY. At any time, and without notice, upon written request of the Beneficiary and presentation of this Trust Deed and the Note(s) for endorsement, and without liability therefor, and without affecting the personal liability of any person for payment of the indebtedness secured by this Deed, and without affecting the security for the full amount secured on all property remaining subject to this Deed, and without the necessity that any sum representing the value of any portion thereof of the property affected by the Trustee's action be credited on the indebtedness, the Trustee may: (a) release and reconvene all or any part of the property; (b) consent to the making and recording, or either, of any map or plat of the property or any part thereof, (c) join in granting any easement thereon; (d) join in or consent to any extension agreement or any agreement subordinating the lien or encumbrance of this Deed. The Trustee shall not be held liable for any loss resulting from any act(s) or failure(s) to act if such act(s) or failure(s) are so performed in good faith. 19. ACCELERATION UPON SALE OR ENCUMBRANCE. If the Trustor sells, conveys, transfers, or disposes of or further encumbers the property, or any part thereof, without the written consent of the Beneficiary being first had and obtained, the Beneficiary shall have the right, at its option, to declare all sums secured hereby immediately due and payable. 20. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 21. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision of clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can be given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 22. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment 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 reconveyance may be described as "the person or persons legally entitled thereto." 23. NOTICES. Any notice, demand, request or other communication with respect to this Deed of Trust shall be in writing and shall be effective only if the same is delivered by personal service or mailed first class or by certified mail, postage prepaid, return receipt requested. Any party may at any time change its address for notice of such change. 24. TIME OF THE ESSENCE AND NON - WAIVER. Time is of the essence of this Deed of Trust. Acceptance by Beneficiary of any sum secured hereby after its due date does not constitute a waver by Beneficiary of its right to require prompt payment when due of all other sum so secured or to declare default for failure to so timely pay. 25. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law.