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99 111804
<br /> 10.TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER.Extension of the time for paymex;,,
<br /> or modification of amortization of the sums secured by this Security Instrument granted by Beneficiary to any successor in ,
<br /> interest of Trustor shall not operate to release the liability of the original Trustor or Trustor's successors in interest.Beneficiary
<br /> shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
<br /> otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original
<br /> Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy shall not be a
<br /> waiver of or preclude the exercise of any right or remedy.
<br /> 11.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR.If all or any part of the Property
<br /> or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and Trustor is not a
<br /> natural person)without Beneficiary's prior written consent,Beneficiary may,at its option,require immediate payment in
<br /> full of all sums secured by this Security Instrument,however,this option shall not be exercised by Beneficiary if exercise
<br /> is prohibited by federal law as of the date of this Security Instrument.If Beneficiary exercises this option,Beneficiary shall
<br /> give Trustor notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is
<br /> delivered or mailed within which the Trustor must pay all sums secured by this Security Instrument. If Trustor fails to
<br /> pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security
<br /> Instrument without further notice or demand on Trustor.
<br /> 12.EVENTS OF DEFAULT.Any of the following events shall be deemed an event of default hereunder:
<br /> a.Trustor shall have failed to make payment of any installment of interest,principal,or principal and interest or
<br /> any other sum secured hereby when due;or
<br /> b.There has occurred a breach of or default under any term,covenant,agreement,condition,provision,represen-
<br /> tation or warranty contained in any of the Loan Instruments.
<br /> 13.ACCELERATION;REMEDIES.Beneficiary shall give notice of'default to Trustor prior to acceleration following
<br /> Trustor's breach of any covenant or agreement in this Trust Deed.The notice shall specify: (a) the default; (b) the action
<br /> required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Trustor, by which the
<br /> default must be cured: and (d) that failure to cure the default on or before the date specified in the notice may result in
<br /> acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform
<br /> Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
<br /> default or any other defense of Trustor to acceleration and sale. If the default is not cured on or before the date specified
<br /> in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by this Security
<br /> Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable
<br /> law. Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13,
<br /> including,but not limited to,reasonable attorney's fees and costs of title evidence.If power of sale is invoked,Trustee shall
<br /> record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice
<br /> in the manner prescribed by applicable law to Trustor and to the other persons prescribed by applicable law.After the time
<br /> required by applicable law,Trustee shall give public notice of sale to the persons and in the manner prescribed by applic-
<br /> able law. Trustee,without demand on Trustor, shall sell the Property at public auction to the highest bidder at the time
<br /> and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
<br /> Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any pre-
<br /> viously scheduled sale.Beneficiary or its designee may purchase the Property at any sale.Upon receipt of payment of the
<br /> price bid,Trustee shall deliver to the purchaser Trustee's deed conveying the Property.The recitals in the Trustee's deed
<br /> shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in
<br /> the following order: (a) to all expenses of the sale, including, but not limited to,Trustee's fees as permitted by applicable
<br /> law and reasonable attorney's fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or
<br /> persons legally entitled to it.
<br /> 14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or abandonment of the Property,
<br /> Beneficiary(in person,by agent or by judicially appointed receiver) shall be entitled to enter upon,take possession of and
<br /> manage the Property and to collect the rents of the Property including those past due.Any rents collected by Beneficiary
<br /> or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,includ-
<br /> ing,but not limited to,receiver's fees,premiums on receiver's bonds and reasonable attorney's fees,and then to the sums
<br /> secured by this Security Instrument.
<br /> 15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br /> and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed
<br /> of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some
<br /> or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by
<br /> mortgage,deed of trust,pledge,lien,assignment or otherwise.Neither the acceptance of this Deed of Trust nor its enforce-
<br /> ment whether by court action or pursuant to the power of sale or other powers herein contained,shall prejudice or in any
<br /> manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee
<br /> or Beneficiary,it being agreed that Trustee and Beneficiary,and each of them,shall be entitled to enforce this Deed of Trust
<br /> and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them
<br /> may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br /> intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and
<br /> shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute.
<br /> Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be
<br /> otherwise entitled,may be exercised,concurrently or independently,from time to time and as often as may be deemed expe-
<br /> dient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed
<br /> as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted
<br /> by law.
<br /> 16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that
<br /> any provision or clause of any of the Loan Instruments conflicts with applicable laws,such conflicts shall not affect other
<br /> provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the pro-
<br /> visions of the Loan Instruments are declared to be severable.This instrument cannot be waived, changed, discharged or
<br /> terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver,
<br /> change,discharge or termination is sought.
<br /> 17. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Beneficiary shall request
<br /> Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by
<br /> this Security Instrument+o Trustee.Trustee shall reconvey the Property without warranty and without charge to the per-
<br /> son or persons legally entitled to it. Such person or persons shall pay any recordation costs.
<br /> 18. REQUEST FOR NOTICES. Trustor requests that copies of the notices of default and sale be sent to Trustor's
<br /> address which is the Property Address.Trustor £urther requests that copies of the notices of default and sale be sent to
<br /> each person who is a party hereto at the address of such person set forth herein.
<br /> 19.NOTICES.Any notice to Trustor provided for in this Security Instrument shall be given by delivering it or by mail-
<br /> ing it by first class inail unless applicable law requires use of another method.The notice shall be directed to the Property
<br /> Address or any other address Trustor designates by notice to Beneficiary.Any notice to Beneficiary shall be given by first
<br /> class mail to Beneficiary's address stated herein or any other address Beneficiary designates by notice to Trustor.Any
<br /> notice provided for in this Security Instrument shall be deemed to have been given to Trustor or Beneficiary when given
<br /> as provided in this paragraph.
<br /> 20.ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowl-
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