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<br />P9-- 102594
<br />10. by of the follcwig evektt !hall be deewd u e %,nt of default betemeder:
<br />a•, VUStors shall have failed to make payaeet of any Instsllsent of principal or interest or any other na sec" hereby vhee du;
<br />b. There has occurred a breach of or default uoJer any term, covenant, agreemxet, condition, provisio:, t ; ar_i etlr� or sYrraaty emtaikd
<br />in this Deed of Treat, the note or Bay other !ou instrument segued hereby; '
<br />r. There has been a default by the Trmstorg in the paymeat of any prior or subsequent lien or encambtBnee iD respect to all of aq put of
<br />the prcperty,
<br />d. Trustm 1411 file a volratmry petition ion bukraptcy or 'tall be adjudicated bar�xgt or insolvent, or shall make to assixement for tbo
<br />benefit of creditors in respect to the property; or u action to enforce any lien or ftmbta -oe or jmdgemats ataWt �� property is
<br />coueacrd.
<br />;i. In the event of nay default, the Beneficiary may declare all indebtedness secured herby to to due and payable and the sue sl
<br />tecoae doe and payable without any preseatment, demand, protest or notice of any kind. Tbereafter, the BeneflciBry may: hal thereupon
<br />A. either in person or by agent, with or without bringing any action or proceedin,(, or by receiver appointed by a court and vitbout regard to the
<br />McQuacy of any security, enter upon and take possession of the property, or any part thereof, in its ores Dame or in the one of. the Trustee, and
<br />do any acts which it deems necessary mad desirable to preserve the value, marketability ear rentability try of the property, or pert thereof, or
<br />interest therein, increase the income therefrom or protect the security hereof and, without taking possession of the property, sue for or
<br />Otherwise collect the rents, issues aid profits thereof, including those past due and unpaid, and apply the same, less wets sad expenses of
<br />entering and collection, including attorney fees; upon many indebtedness secured hereby, all in such order as the Beneficiary may determine. De
<br />eoteriag upaa and taking possession of the trust estate, the collection of such rents, issues and profits &0 application thereof as aforesaid
<br />shall Oct cure or waive any default or notice of default hereunder or invalidate any act mad in response to such default or pursuant to such
<br />nctice of default and notwithstanding the continuance in possession of the property or the collection, receipt and application a( rents, Issues or
<br />profits, Trustee at the Beneficiary may be entitled to exercise every right provided for 1a lay of the lose pt and
<br />or by law upon occurrence
<br />o
<br />of any event of de's +1 t, including the right to exercise the power of salz;
<br />t. cmeace an a.t.ci to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the coveLants hereof:
<br />d ^live: 'I Tr-istee a written declaration )f default and deaaad for sale, and a written notice of default zed election to cause Trustors'
<br />-ter t I th, property to be sold, which natice Trustee shall cause to be duly filed for record in the official records of the county in which
<br />c� p' ..y is located.
<br />12. S,. :,,d t;e _ eneficiary elect to foreclo�re by exercise of the power of sale herein contained, the Beneficiary sha11 notify trustee and shall
<br />deposit with Trustee this Deed of Trust and the cote and such receipts and evidence of expenditures made and secured hereby as Trustee may require,
<br />and uwn request et the Beneficiary, the Trustee shall cause to be recorded, published and delivered to Trustor such Nokiu of Default and Notice of
<br />Sale as then required by law and by this Decd of Trust. Trustee shall without demand an Trustor, after such time Al nay then be required by law mad
<br />after recordation of such Notice o[ Default and after Notice of Sale having been given as required by law, sell the property at the tine and place of
<br />Bale !ixed by it in such Notice of file, either as a whole, or in separate lots or parcels or itm'as Trustee shall den expedient, and in such order
<br />as it Lay determine, at public auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property
<br />sold, c. Trustee with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the stateaeats tads
<br />therein. Trustee small apply the proceeds of the sale is the following order: (B) to all reasonable costs and expenses of the sale, including but not
<br />limited to Trustee's fees of not more than 2% of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all suas secured
<br />by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, including the B eneficiary, may
<br />Purchase said property at said sale. Trustee say in the canner provided by law, postpone sale of all or nay portion of the property,
<br />13 Trustee and the Beneficiary, and each of thee, shall be entitled to enforce payment and performance of any indebtedness or obligation secured
<br />uereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other agreement or any lays nor or hereafter
<br />eaforce,d notvithstanding soon; or all of the indebtedness and obligations secured hereby which Bay now or hereafter be otherwise secured, whether by
<br />acrtgage, deed of trust, pledge, lien, assigusent or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any Banner affect Trustee's or the Beneficiary's right
<br />to realize upon or enforce say other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary,
<br />and each of the', shall be entitled to enforce this Dcrd of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such
<br />order and Banner as they BAY in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br />intended to be e:cicsl:•e Of any other remedy hetzin oc by law provided of ,
<br />other reaed permitted, but each shall be cumulative and shall be in addition to every
<br />y given hereunder or now or hereafter exixting at law or equity or by statute. Every power or remedy given by any of the loan instruments
<br />to Trustee or the Beneficiary or to which either of them nay be otherwise entitled lay be exercised, concurrently or independently, from time to tare
<br />oral as often as may be deeded expedient by Trustee or Beneficiary, and either of them may pursue inconsistent media. Nothing herein shall be
<br />coastrued as prohibiting the Beneficiary from seeking a deficiency judgement against Trustors to the extent such action is permitted by law.
<br />U. Tr;.13tors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the address set forth
<br />in the first paragraph of this Deed of Trust.
<br />IS. The Beneficiary say, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the County in
<br />which the property is located and by otherwise rczplyirg with the provisions of the applicable law of the State of Nebraska, substitute a successor to
<br />'w: T :'ate- named herein or acting hereunder.
<br />16, This ^red term Truest applies to and inures to
<br />and uyigns. Tae ten 'Benef the. benefit of Lad binds all parties hereto, their heirs, personal representatives, successors
<br />iciary' shall mean the owner and holder of the note, whether or not named as Beneficiary herein.
<br />It. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, ano without affecting the lien
<br />cr c:.rrge Of this Deed of Trust. upon any portion of the property not then or theretofore released ao security for the full
<br />calig� tics, the Beneficiary nay, from tine to time and �ritheut notice: (a) release an payment of all unpaid
<br />.eras of ar,y rich obligaticn; (c) grant other indulgenceu; (d) reicase or reconvey at the Beneficiar gsl� any the uaturrty or alter any of this
<br />property; (e) tale or release any other or additional security for any obligation herein mentioned; of option (f) make compositions portion other urBngenents
<br />r:th de ".tors in relation thereto,
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