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201.807165
<br />and with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including attorney's fees, upon any indebtedness secured hereby, all in such
<br />order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the
<br />collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or
<br />waive any default or notice of default hereunder or invalidate any act done in response to such default or
<br />pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled
<br />to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any
<br />event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of
<br />default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall
<br />cause to be duly filed for record in the appropriate Official Records of the County in which the Trust
<br />Estate is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of
<br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this
<br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as
<br />Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published
<br />and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this
<br />Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law
<br />and after recordation of such Notice of Default and after Notice of Sale having been given as required by
<br />law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole,
<br />or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash, in lawful money of the United States, payable
<br />at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient
<br />deed or deeds, conveying the property so sold, but without any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and
<br />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at 12
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the Trustee
<br />Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled
<br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br />all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any
<br />laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether
<br />by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in
<br />any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of them may in their absolute discretion determine.
<br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />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 Statute.
<br />Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either
<br />of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time,
<br />and as often as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and that
<br />any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of
<br />Trust.
<br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of
<br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with
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