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IL'. FORECLOSURE BY POWER OF SALE. Show;.: Beneficiary elect to foreclose by exercise of the Pourer of Sale herein contained. Beneficiary shall notify Trustee slid shall deposit with Trustee this Deed of Trust and the Note and such ' receipts and evidema of expenditures made and secured hereby as Trustee may require. (a) Upon ream s of such notice from Beneficiary, Trustee shalt cause to be recorded, pubU&Ned and delivered to Truster such Notice of Deft4t and Notice of Sale as then required by law and by this Deed of Tlrust. Trustee shall, without demand on Trustor. afterr---h time as may then be required by law and afterrecordation ofsuch Notice of Defauitand after Notice of Salehaving bees;gwven as req ;end by law, sell the Trust Estate atthe time and place ofsalefixedbyitinavchNotieeofSale. either as a wha!&. r_-_- in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may deter► mine, at publicji= dontothehighestbidderfl arcashinlawfulmoneyoftheUnitedStateepayableatthetimeofsale .T ustes shall deliver W s-.x—h purchaser or purchasers thereof its good and sufficientdeed of deeds c=weying the property so sold. but withect any covenant or warranty. express or implied.. The recitals in such deed of any mattes or facts shall be conclusive ; =.-ro the truthfulnessthereot Any person, including, without limitation, Trvstor. Trustee and Benefidaty.maypunhose s;+srst sale and Truster hereby covenants to wart-=- and defend the title of such purchaser or p=clgraas. ,) As may be permitted sty law, after deductitwg N- _-stee Fees in the amount of , T=xm shall apply the proceeds of the aeni:a•-,a the fa'lowirtg order: (a) to alt rei3onable wets and expenses of the save, including, but aotliarited to, trustee leas of nay: ==I than In of 196 of ttm graaa saes price, re. ramble attarney'.s fees and costs of title evidence; (1t) to all arms secured by tffi�s Dow- cf Trust (c) to the pie Wt of junior Trust Deeds. mortgages or other lien holders; and (d) the balance, if any, to the pawn or persons lega'. g emdded thereto. (c) Trustee may in the =anner provided by law. postpone sale of all or any portion of the Trust Estate. 12 REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rightsand powers unda this Deed of Trust or under any Loan Inatrument or oilier agree►uent or any Imuz now o: he: eafta in for-. notwithm-snding some or aA af.'thn such indebtedness and obligations secured hereby may now or hereafter be otherwise secured. wko;her by mortgage, dmefrzfumst. pledge, lien, assignment or otherwise. Naicher the acceptanceofthis Deed oflrustnoritseid br ementwhether by-=.mt action or pursuant to the power of sale or otDmr powers herein contained, shall prejudice or in any manner affect Trustee's or Beadciary's right to realize upon or enforce any oC-rer security now or hereaRar held by Trustee orBesdciary, it being agreed t%zatTrustee and Beneficiary. and each of them. r; -jail be entitled to enforce this Deed of Trust and =ys ether security now cT hereafter held by Beneficiary or Trustee in such: ceder and manner as they or either of them may in `their abwlute discretion determine. No remedy herein onnferred upca or resem-ed to Trustee or Beneficiary is intended to be emdusive of any other remedy herein or by law provided or permitted. but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or rt equity or by statute. Every power or remedy given by any of theIA*n Instruments to Trustee or Beneficiary or to which either ofthem may be otherwise entitled. may be exercised. concurrently or indepondend.y. from time to time and : s often as may be deem. e l expedient by Trustee or Bene- ficiary and either of them may pursue inconsistent remedies. Nothing herein shall be ccrtss: wed as prof ?ibiling Beneficiary from seeking a deficiency judgipent against the Trustor to the extent such. a,.don is permittd by law- REQUEST FOR NOTICE. Trustor hereby requmts a copy of any noticeef defaultand thatany notice ofsale hereunder be mailed to it at the address set forth in the first pnragraph of Lhis Deed of Taut. 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of &my of the Loan Instruments conflicts with applicable laws. such conflicts shall not affw :other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end rite pro- vicons of the Loan Instruments are declared to be severable. This instrument.cannot be waived. changed. dis�:Ivu1rei or terminated ort y, but only by an instrument in writing signed by the party against wham enforcement of any waiver. change, diac:tarip or terminatinn is sought. 15. RECONVF.YANCE RY TRUSTEE. Upun written request of Beneficiary stating thatall sums secured hereby have beer. paid, and upon surrender of this Deed of Trust and the Note to Trustee far cancellation and retention and upon pay- rnent by Trustor of Trustee's firs. Truster shall rrcunvey to Truster. or the persr..r, or persons legally entitled thereto, without war: anty, ar y 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 therein The grantee in any reconveyance may be described as "the person or persons legally entitled thereto ". 16. NOTICES. Whenever Beneficiary. Trustnr or Trustee shall desire to give or serve any notice. demand. request or other communication with respect to this Deed of Trust. each such notice, demand. request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail. postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this heed ofTnrst Any party may atthis time change its address for such notices by delivering or mailing to the other parties hereto. as aforesaid, a notice of such change. 17. ACCEPTANCE BY TRUSTEE. Trustee accept% this Trust when this Deed of Trust, duly executed and acknow- ledged, is-made a public record as provided by law. [ IN WITNESS INHEREOF. Truster h ns executed this need of Trust as of the day and year first above wntten. LTRUSTEE. Trustee accepts this Trust when thi+ i)eed of Trust, duly executed and ocknow- ledged. is made a public record as prowirfea by law. IN V41INESS NHEi:r.0'r.: ru,tt.r .;, executed this ll��eTTed of Trust as of the day and year first above wntten. LAN 7- 3 --i-, :err s }} .�t of 9. EVENTS OF DEFAULT. Any of the following events shall he deemed an event of default hereunder. _ (a) Trustor shall have failed to make payment of any installment of interest, principal. or principal and interest or any other sum secured hereby when due; or (b) �astoecurred a breach of or default under any term, covenant, agreement. condition, provision, representation or �n�sant +�o0nWned is any of the Loan Instruments. 10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default occur Beneficiary may declare all indebtness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may. r. (i) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court Estate, in 1 1 and without regard to the adequacy of its security, enter upon and take possession of theTrust or any partthemof, its own -tame or in the name of Trustee, and do any acts which it deems necessary or daairab ;eto preserve the value, market- i.:2 ability or rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom or protact the Q security hereof and. with or without taking possession of the Trust Estate. sue for or otherwise collect the mats, issues and profits therwt including those past due and unpaid, and apply the same, less costs and expenses ofoperation and collection including fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The attorneys' entering upon and taking possession of the Trust Estate, the collection of such rents. issues and profits and the application thereof as aforesaid. shall not cure a waive any default or notice of default hereunder or invalidate anyactdoneinresponse to such default orpursuant to such notice of default and. notwithstanding the continuance in possession of th*T=tEstaW or the collection, receipt and application of rents, issues or profits. Trustee or Beneficiary shall be entitled to exercise every C right provided for in any of the Loan Instruments or by law upon o=urr'ence of any event of default. including the right to 00 exercise the power of sale; ' (W Cmmmfliace an action to foreclose this Deed of T nist as a mortgage, appoint a receiver, or specifically enforce any of the oore is issreoi. (IX - Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause 'Ir ustoes interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate Official Recor?a or the County in which the Trust Estate is located. IL'. FORECLOSURE BY POWER OF SALE. Show;.: Beneficiary elect to foreclose by exercise of the Pourer of Sale herein contained. Beneficiary shall notify Trustee slid shall deposit with Trustee this Deed of Trust and the Note and such ' receipts and evidema of expenditures made and secured hereby as Trustee may require. (a) Upon ream s of such notice from Beneficiary, Trustee shalt cause to be recorded, pubU&Ned and delivered to Truster such Notice of Deft4t and Notice of Sale as then required by law and by this Deed of Tlrust. Trustee shall, without demand on Trustor. afterr---h time as may then be required by law and afterrecordation ofsuch Notice of Defauitand after Notice of Salehaving bees;gwven as req ;end by law, sell the Trust Estate atthe time and place ofsalefixedbyitinavchNotieeofSale. either as a wha!&. r_-_- in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may deter► mine, at publicji= dontothehighestbidderfl arcashinlawfulmoneyoftheUnitedStateepayableatthetimeofsale .T ustes shall deliver W s-.x—h purchaser or purchasers thereof its good and sufficientdeed of deeds c=weying the property so sold. but withect any covenant or warranty. express or implied.. The recitals in such deed of any mattes or facts shall be conclusive ; =.-ro the truthfulnessthereot Any person, including, without limitation, Trvstor. Trustee and Benefidaty.maypunhose s;+srst sale and Truster hereby covenants to wart-=- and defend the title of such purchaser or p=clgraas. ,) As may be permitted sty law, after deductitwg N- _-stee Fees in the amount of , T=xm shall apply the proceeds of the aeni:a•-,a the fa'lowirtg order: (a) to alt rei3onable wets and expenses of the save, including, but aotliarited to, trustee leas of nay: ==I than In of 196 of ttm graaa saes price, re. ramble attarney'.s fees and costs of title evidence; (1t) to all arms secured by tffi�s Dow- cf Trust (c) to the pie Wt of junior Trust Deeds. mortgages or other lien holders; and (d) the balance, if any, to the pawn or persons lega'. g emdded thereto. (c) Trustee may in the =anner provided by law. postpone sale of all or any portion of the Trust Estate. 12 REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rightsand powers unda this Deed of Trust or under any Loan Inatrument or oilier agree►uent or any Imuz now o: he: eafta in for-. notwithm-snding some or aA af.'thn such indebtedness and obligations secured hereby may now or hereafter be otherwise secured. wko;her by mortgage, dmefrzfumst. pledge, lien, assignment or otherwise. Naicher the acceptanceofthis Deed oflrustnoritseid br ementwhether by-=.mt action or pursuant to the power of sale or otDmr powers herein contained, shall prejudice or in any manner affect Trustee's or Beadciary's right to realize upon or enforce any oC-rer security now or hereaRar held by Trustee orBesdciary, it being agreed t%zatTrustee and Beneficiary. and each of them. r; -jail be entitled to enforce this Deed of Trust and =ys ether security now cT hereafter held by Beneficiary or Trustee in such: ceder and manner as they or either of them may in `their abwlute discretion determine. No remedy herein onnferred upca or resem-ed to Trustee or Beneficiary is intended to be emdusive of any other remedy herein or by law provided or permitted. but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or rt equity or by statute. Every power or remedy given by any of theIA*n Instruments to Trustee or Beneficiary or to which either ofthem may be otherwise entitled. may be exercised. concurrently or indepondend.y. from time to time and : s often as may be deem. e l expedient by Trustee or Bene- ficiary and either of them may pursue inconsistent remedies. Nothing herein shall be ccrtss: wed as prof ?ibiling Beneficiary from seeking a deficiency judgipent against the Trustor to the extent such. a,.don is permittd by law- REQUEST FOR NOTICE. Trustor hereby requmts a copy of any noticeef defaultand thatany notice ofsale hereunder be mailed to it at the address set forth in the first pnragraph of Lhis Deed of Taut. 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of &my of the Loan Instruments conflicts with applicable laws. such conflicts shall not affw :other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end rite pro- vicons of the Loan Instruments are declared to be severable. This instrument.cannot be waived. changed. dis�:Ivu1rei or terminated ort y, but only by an instrument in writing signed by the party against wham enforcement of any waiver. change, diac:tarip or terminatinn is sought. 15. RECONVF.YANCE RY TRUSTEE. Upun written request of Beneficiary stating thatall sums secured hereby have beer. paid, and upon surrender of this Deed of Trust and the Note to Trustee far cancellation and retention and upon pay- rnent by Trustor of Trustee's firs. Truster shall rrcunvey to Truster. or the persr..r, or persons legally entitled thereto, without war: anty, ar y 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 therein The grantee in any reconveyance may be described as "the person or persons legally entitled thereto ". 16. NOTICES. Whenever Beneficiary. Trustnr or Trustee shall desire to give or serve any notice. demand. request or other communication with respect to this Deed of Trust. each such notice, demand. request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail. postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this heed ofTnrst Any party may atthis time change its address for such notices by delivering or mailing to the other parties hereto. as aforesaid, a notice of such change. 17. ACCEPTANCE BY TRUSTEE. Trustee accept% this Trust when this Deed of Trust, duly executed and acknow- ledged, is-made a public record as provided by law. [ IN WITNESS INHEREOF. Truster h ns executed this need of Trust as of the day and year first above wntten. LTRUSTEE. Trustee accepts this Trust when thi+ i)eed of Trust, duly executed and ocknow- ledged. is made a public record as prowirfea by law. IN V41INESS NHEi:r.0'r.: ru,tt.r .;, executed this ll��eTTed of Trust as of the day and year first above wntten. LAN 7- 3 --i-, :err s }} .�t of