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LAW OFFICE
<br />BRAD MONCRIEF,
<br />L.L.C.
<br />1239 N. Burlington Ave.,
<br />Suite 200
<br />Hastings, NE 68901
<br />(402) 462-5353
<br />202403964
<br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and a written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which
<br />notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the
<br />County in which the Trust Estate is located.
<br />13. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit
<br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default 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
<br />required by law and after recordation of such Notice of Default and after Notice of Sale having
<br />been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in
<br />such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall
<br />deem expedient, and in such order as it may determine, at public auction to the highest bidder for
<br />cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to
<br />such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the
<br />property so sold, but without any covenant or warranty, express or implied. The recitals in such
<br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any person,
<br />including, without limitation, Trustor, Trustee or 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 and expenses of Trustee
<br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply
<br />the proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid,
<br />with accrued interest at ten percent (10.0%) per annum, (ii) all other sums then secured hereby,
<br />and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the
<br />Trust Estate.
<br />14. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary and each of them shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or
<br />other agreement or any laws now or hereafter in force, notwithstanding that some or all of such
<br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured,
<br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />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
<br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to
<br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative and shall be in addition to every other remedy given hereunder, now, or hereafter
<br />existing at law or in equity or by statute. Every power or remedy given by any of the Loan
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may
<br />be exercised, concurrently or independently, from time to time and as often as may be deemed
<br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies.
<br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
<br />15. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default
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