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200008649 (3) After paying the items specified in subparagraph (2) if the sale is by Trustee or the proper court, and other costs of foreclosure and sale if sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated to the payment of: (a) Cost of any evidence of title procured in connection with any conveyance. (b) All sums then secured hereby. (c) The remainder, if any, to the person or persons legally entitled thereto. (4) At any time within three months after a sale of property under this Deed of Trust as hereinabove provided, an action may be commenced to recover any balance due upon the obligation as provided in Section 76- 10 13 of the Nebraska Statutes. D. Option to Foreclose: Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. E. Substitute Trustee: Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument and executed by Beneficiary containing reference to this Deed of Trust and its place of record, which, when recorded in the office of the Register of Deeds of the county or counties in which said property is situated, shall be conclusive proof of the proper appointment of the successor Trustee. The foregoing power of substitution and the procedure thereof shall not be exclusive of the power and procedure provided for by law for the substitution of a Trustee in place of the Trustee named herein. F. Assignability and Acceleration: Trustor covenants and agrees that the Beneficiary shall have the option of declaring the unpaid balance immediately due and payable upon any conveyance, assignment or transfer of Trustor's interest in the premises during the term of the loan secured hereby in the absence of written consent from the Beneficiary or its assignees, which consent shall not be unreasonably withheld. if said sum remains unpaid for fifteen (15) days after a nonconsential conveyance, assignment or transfer occurs, Beneficiary can cause Notice of Default to be given and the premises will be sold as provided herein. G. Rent Assignment: As additional collateral security for the loan and effective forthwith upon filing of a Notice of Default, this instrument shall serve as an assignment by the Trustor to the Trustee of all rents and revenues resulting from the property, and Trustee is authorized to take possession of the property, rent or lease the same on terms it deems best and to collect the rents and revenues and apply the same upon unpaid interest, principal, taxes or insurance premiums or for maintenance and preservation of the premises. H. Waiver of Defaults: The waiver by Trustee or Beneficiary of any default of Trustor under this Deed of Trust shall not be or be deemed to be a waiver of any other or similar defaults subsequently occurring. I. 10 -Day Grace Period: The power of sale herein conferred upon the "Trustee shall not be exercised until a full ten (10) days, including the one (I) or two (2) month periods specified in Sections 76- 1006(2) and 76 -1012 R.R.S., have elapsed after Notice of Default has been filed as provided by law. J. Costs of Trustee: The Trustor shall pay all charges imposed by the Trustee. K. Effect: The designation " Trustor" herein shall extend to and apply to the undersigned, singular or plural, and the covenants and agreements of the parties herein shall be binding upon their heirs, devisees, executors, administrators, successors and assigns. Page 3 of 4