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200406902
<br />a. Trustor shall have failed to make payment of any installment of interest,
<br />principal, or principal and interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor
<br />prior to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in accordance
<br />with the requirements of the Nebraska Trust Deed Act. If the default is not cured on or before the date
<br />specified in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by
<br />this Security Instrument without further demand and may invoke the power of sale and exercise all other rights
<br />and remedies permitted by applicable law. Trustor shall be entitled to collect all expenses incurred in pursuing
<br />the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees and costs
<br />of title evidence. If power of sale is invoked, Trustee shall give public notice of sale to the persons and in the
<br />manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property at public
<br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one
<br />or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
<br />Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its
<br />designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall
<br />deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be
<br />prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale
<br />in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted
<br />by applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; (c) to
<br />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
<br />Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or
<br />abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
<br />Upon acceleration as provided herein or abandonment of the Property, Beneficiary (in person, by agent or
<br />by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property
<br />and to collect the rents of the Property including those past due. Any rents collected by Beneficiary or the
<br />receiver shall be applied first to payment of the costs of management of the Property and collection of rents,
<br />including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees,
<br />and then to the sums secured by this Security Instrument.
<br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to
<br />exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or
<br />any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner
<br />affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred
<br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given
<br />hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any
<br />of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may
<br />be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by
<br />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,
<br />this instrument shall be filed in the real estate records of the County of the location of the Property and be
<br />deemed a fixture filing.
<br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State
<br />of Nebraska. In the event that any provisions or clause of any of the Loan Instruments conflicts with
<br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given
<br />effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to
<br />be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an
<br />instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or
<br />termination is sought.
<br />19. TRUSTEE'S FEE. In the event of default, unless specifically waived in writing by
<br />Trustee, Trustor agrees to pay Trustee a fee equal to $50.00, or one -half (%) of one percent (1 %) of the entire
<br />unpaid principal sum secured, whichever is greater, subject to the limits of Neb. Rev. Stat. §76 -1012, as
<br />amended.
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