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202505890 (a) Elect to foreclose upon the Property by POWER OF SALE granted herein, and Trustee shall thereafter cause Trusters interest, if any, in the Property to be sold and the proceeds to be distributed in the manner provided in the Nebraska Trust Deeds Act; or (b) Commence an action to foreclose this Trust Deed as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to ever other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or successively. 10. Appointment of Successor Trustee. The Trustee may resign at any time without cause, and Beneficiary may, from time to time, by written instrument executed and acknowledged by Beneficiary mailed to the Truster and recorded in the county where the Property is located, and by otherwise complying with the provisions of applicable law, substitute a successor or successors to the Trustee named herein or acting hereunder. Trustee shall not be liable to any party, including with limitation Beneficiary, for any loss of damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of the Trust Deed unless indemnified, in writing, for all costs, compensation or expenses which may become associated therewith. In addition, Trustee may postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots. 11. Notices. Trustor hereby requests a copy of any notices required by law or by this Deed of Trust, including, without limitation, notices of default and notices of sale, be mailed to him at the address set forth in the first paragraph of this Deed of Trust, or to such other address or addresses as may, from time to time, be designated by Trustor. Each such notice shall be in writing and shall be effective only if the same is delivered by personal service or mailing by certified mail, postage prepaid, retum receipt requested. 12. Fees and Expenses. In the event Trustee sells the Property by exercise of the power of sale granted herein, Trustee shall be entitled to apply any sale proceeds first to the payment of all costs and expenses of exercising said power of sale, including all Trustee's fees actually incurred. In the event Beneficiary exercises any rights provided by law to cure an event of default, Beneficiary shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustoes default, including without limitation all Trustee's and reasonable attomey's fees. 13. Waiver. Any extension or modification of any terms of the Promissory Note, the Obligations or this Deed of Trust granted by the Beneficiary shall not operate to release the liability of the Trustor. Any forbearance by the Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 14. Assignment of Leases and Rents. As additional security hereunder, Truster hereby assigns to Beneficiary the rents, issues and profits of the Property. 15. Successor and Assigns. The Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. Page 4 of 5