202305686
<br />11. Notice. Except for any notice required under applicable law to be given in another
<br />manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by mailing such notice
<br />by certified mail, return receipt requested, addressed to Trustor at its mailing address set forth above or at
<br />such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's
<br />and Trustee's mailing addresses stated herein or to such other addresses as Beneficiary or Trustee may
<br />designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust shall be
<br />deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated
<br />herein.
<br />12. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the
<br />State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with applicable
<br />law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without
<br />the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />13. Events of Default. Each of the following occurrences shall constitute an event of default
<br />hereunder (hereinafter called an "Event of Default"): (a) Trustor shall fail to pay when due any principal,
<br />interest, or principal and interest on the Indebtedness and such failure shall continue for ten (10) days
<br />after receipt by Trustor of written notice of such failure; (b) any warranty of title made by Trustor herein
<br />shall be untrue; (c) Trustor shall fail to observe or perform any of the covenants, agreements or conditions
<br />in this Deed of Trust; or (d) Trustor shall sell or convey the Trust Property, or any part thereof, or any
<br />interest therein, or shall be divested of its title, or any interest therein, in any manner or way, whether
<br />voluntarily or involuntarily, without the written consent of Beneficiary being first had and obtained.
<br />14. Acceleration of Debt; Foreclosure. Upon the occurrence of any Event of Default, or any
<br />time thereafter, Beneficiary may, at its option, declare all the Indebtedness secured hereby immediately
<br />due and payable, and, irrespective of whether Beneficiary exercises said option, it may, at its option and
<br />in its sole discretion, without any further notice or demand to or upon Trustor, do one or more of the
<br />following: Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any
<br />part thereof; make repairs and alterations and do any acts which Beneficiary deems proper to protect the
<br />security thereof, and either with or without taking possession, in its own name, sue for or otherwise
<br />collect and receive rents, issues and profits, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary's costs,
<br />upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of
<br />Beneficiary, Trustor shall assemble and shall make available to Beneficiary any of the Trust Property
<br />which has been removed. The entering upon and taking possession of the Trust Property, the collection
<br />of any rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any
<br />default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in
<br />possession or receipt and application of rents, issues or profits, Beneficiary shall be entitled to exercise
<br />every right provided for in this Deed of Trust or by law upon or after the occurrence of an Event of
<br />Default, including the right to exercise the power of sale. Any of the actions referred to in this paragraph
<br />may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of
<br />any security for the Indebtedness secured hereby. Beneficiary shall, without regard to the adequacy of
<br />any security for the Indebtedness secured hereby, be entitled to the appointment of a receiver by any court
<br />having jurisdiction, without notice, to take possession of, protect and manage the Trust Property and
<br />operate the same and collect the rents, issues and profits therefrom. Beneficiary may elect to cause the
<br />Trust Property or any part thereof to be sold under the power of sale, and in such event, Beneficiary or
<br />3076407v3 4
<br />
|