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200401795
<br />a. Trustor shall have failed to make payment of any installment of interest, principal, or principal and
<br />interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in any of the Loan Instruments.
<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration
<br />following Trustor's breach of any covenant or agreement in this Trust Deed in accordance with the requirements of
<br />the Nebraska Trust Deed Act. If the default is not cured on or before the date specified in the notice, Beneficiary at
<br />its option may require immediate payment in full of all sums secured by this Security Instrument without further
<br />demand and may invoke the power of sale and exercise all other rights and remedies permitted by applicable law.
<br />Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph,
<br />including, but not limited to, reasonable attorney's fees and costs of title evidence. If power of sale is invoked,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee,
<br />without demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and place and
<br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
<br />may postpone sale of all or any parcel of the Property by public announcement at the time and place of any
<br />previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of
<br />payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals
<br />in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply
<br />the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's
<br />fees as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this Security
<br />Instrument; (c) to junior lienholders; and (d) any excess to the person or persons legally entitled to it.
<br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to Beneficiary the rents of the
<br />Property, provided that Trustor shall, prior to acceleration hereunder or abandonment of the Property, have the right
<br />to collect and retain such rents as they become due and payable. Upon acceleration as provided herein or
<br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled
<br />to enter upon, take possession of and manage the Property and to collect the rents of the Property including those
<br />past due. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of
<br />management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on
<br />receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument.
<br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers
<br />under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force,
<br />notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise secured, 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 power of sale or
<br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and
<br />Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter
<br />held by Beneficiary 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 be exclusive of
<br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or
<br />remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed
<br />expedient by Trustee or Beneficiary and either or them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such
<br />action is permitted by law.
<br />17. FIXTURE FILING. To the extent that improvements and Property constitute fixtures, this instrument shall
<br />be filed in the real estate records of the County of the location of the Property and be deemed a fixture filing.
<br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the
<br />event that any provisions or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall
<br />not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision,
<br />and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be
<br />waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against
<br />whom enforcement of any waiver, change, discharge or termination is sought.
<br />19. TRUSTEE'S FEE. In the event of default, unless specifically waived in writing by Trustee, Trustor agrees
<br />to pay Trustee a fee equal to $50.00, or one -half (`/2) of one percent (1 %) of the entire unpaid principal sum secured,
<br />whichever is greater, subject to the limits of Neb. Rev. Stat. §76 -1012, as amended.
<br />20. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Beneficiary shall
<br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt
<br />secured by this Security Agreement to Trustee. Trustee shall reconvey the Property without warranty and without
<br />charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs.
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