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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 />200404517
<br />take possession of the Trust Estate, or any part thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security thereof and, with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />due and unpaid, and apply the same, less costs and expenses of operation and collection,
<br />including attorneys' fees to the extent allowed by law, upon any indebtedness secured hereby, all
<br />in such order as Beneficiary may determine. The entering upon and taking possession of the
<br />Trust Estate, the collection of such rents, issues and profits and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act
<br />done in response to such default or pursuant to such notice of default and, notwithstanding the
<br />continuance in possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of an event of default, including the right
<br />to exercise the power of sale;
<br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof;
<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
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