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n' :' n' ....'\ ,~',,':'.:. :':',:,..'; ;'.' ._u~_; (93- 110884 8. The Beneficiary, or ils agents, are authorized to enter at any reasonable time upon or in any part '.>f the property for the purpose of inspecting the same and for the purpose of performing any .of the ads they are authorized topertonn under the terms of any loan instruments executed by Trustors. 9. If all or any part of the property or any interest of Trustors is sold, transferred or further enc:um~red without the written consent of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and proceed to the remedies available to it under the default provisions contained herein. 10. Any of the following events shaH be deemed an event of default hereunder: a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby when due; b. There has occurred a breach of or default under any telll1. covenant, agreement, condition, provision, representation or warranty contained in this Deed. of Trust, the note or any otherloan instrument secured hereby: c. There has been a default by the Trustors in the payment of any prior or su~uent lien or encumbrance in respect to all or any part of the property; d. Trustors shall file a voluntary - petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall make an assignment for the benefit of ct'editors in respect to the property: or an action to enforce any lien or ellQUDbrance or judgmer.ts agaiust the property is commenced. . 11. In the event of any default, the Beneficiary may declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable \\-ithout any presenunent, demand, protest or notice of any kind. Thereafter, the Beneficiary may: a. either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court Sltd without regard to the adequacy of any security, enter upOn and take possession of the property, or any pan tllereof, in il~ own Mlne or in the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the: value, marketability or rentability of the property, or part thereof, or interest therein, increase the income therefrom or protect the security hereof and, without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including attorney fees, upon any indebtcdnes..<: secured hereby, all 2~ such order as the Beneficiary may detenninc. The entering upon and takinp. possession of the trust estate, the collection of such rents, issues and profits and applicat;on thereof as aforesaid shall not cure or waive any dl:fault or notice of default hereunder or invalidate any act and in r~nse to such default or pursuant to such notice of default and notwithstanding the continuance in possession of the prO"""crty or the collection, receipt and application of rents, issues or profits, Trustee or the Beneficiary may be entitled to exerci:;c every right provided for in any (If the loan instruments or by law upon occurrence of any event of default, in ~luding the right to exercise the power of sale: b. commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof: c. deliver to Trustee a written dt.'Claration of default and demand for sale, and w~itten notice of default and election to cause Trustors' interest in the property to be sold. which notice Trustee shall cause to be duly filed for record in the official records of the county in which the property is located. 12. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify Trust::c and shall deposit with Trustee this Deed of Trust and the note and such .eceipts and evidence of expenditures made and secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sa;e as then required by law and by this Deed of Trust. Trustee shan without demand on Trustor, after such time as may then be required by law and :>lter recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a whole. or in separate lots or parcels or item.o; as Trustee ~hall deem expedient. and in such order as it may detennine, at public auction to the highest bidder for cash and shall deliver tf) such purchaser or purchasers thereof a deed tel the property sold, co!lsistent with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including but not limited to Trustee's fees of not more than 2% of the gross sale price, reasonable attorney fees and costs of title evidence: (b) to all sums secured by this Deed of Trust; and {c) the excess, if any, to the person or persons legally emitled thereto_ Any person, including the Beneficiary, may purcha..c;e said property at said sale. Trustee may in the manner provided by law, postpone sale of all or any portion of the property. 13. Trustee nnd the Beneficiary, and each of them, shall be entitled to enforce payment and pcrformallcc of any indebtedness or obligation secured hereby and (0 exercise all rights and powers under this Deed of Trust or under any loan instrument or other agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereh... which may now or herc;'.Jter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptanc~ of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of 5.11e or other powers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiat}..s right to realize upon or enforce any other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee ,jlfld the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner as they may in thcir absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exdusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and "hall be in addition to every other .remedy given hereunder or now or hereafter existing at law or equity or by statute. Every power or remedy given by nny of Ihe loan instruments to Trustee cr the Beneficinry or 10 which either of them may be otherwise enlitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiar)', and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficial)' from seeking a deficiency Judgment agninst Trustors to the extent such action is permitted by law. 14. Trustors hereby request n copy of any notice of default nnd thnt any notice of sale hereunder he mailed to Trustors at the address set forth in the firSt pamgmph oflhis Deed of Trust. 15. The Beneficinry may. i:;ya written instmmcnt executed nnd acknowledged by Beneficiary, mnited 10 Tmslors and recorded in th" County in which the properly is iocated nnd by otherwise complying with the provisions of the applicable law of the Slate of Nebraska, substitute a successor to the Trustee named herein or acting hereunder. 16. This Deed of Tmst apr1ies to <lnd inures to the benefit of nnd binds all parties hereto. their heirs. personal representatives. succcsS(,rs and assigns. The term "Beneficiary" shnll mc.'1'1 the owner and holder of the note, whether or not T1.1.med as Beneficial)' herein.