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<br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and
<br />acknowledged by Beneficiary, mailed to Trend r and Recorded in the County in which the Trust Estate is located and by
<br />otherwise complying with the provisions of the applicable law of the Stale of Nebraska substitute a successor or successors to
<br />the Trustee named herein or acting hereunder.
<br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their
<br />heirs, legatees, divorcee, personal representatives, successors and assigns. The term " Beneficiay" shall mean the owner and
<br />holder of the Note, whether or not named as Beneficiary herein.
<br />9. INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of the Property Beneficiary
<br />shall give Truster notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
<br />1O.TRl1STOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER. Extension ofthe time for payment
<br />or modification of amortization of the sums secured by this Security Instrument granted by Beneficiary to any successor in
<br />interest of Truster shall not operate to release the liability of the original Trustor or'necArr s successors in i merest. Beneficiary
<br />shall not be required to comments 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 />Truster or Trustors 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 ORA BENEFICIAL INTEREST IN TRUSTOR. Bud or any part ofthe Property
<br />or any interest in it is sold or transferred (or its beneficial interest in Truster is sold or transferred and Truster is not a
<br />natural person) without Beneficiary's prior written consent, Beneficiary .nay, 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 ofthe data ofthis Security Instrument. If Beneficiary exercises this option, Beneficiary shall
<br />give Truster 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 scarred 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 kind interest nr
<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 />Trnstor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (it) the default, p0 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 suck 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 turn 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 Poll 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 />raw. 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. Hpower 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. Treater, without demand on Trustee, 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 ofthe truth ofthe statements made therein. Trustee shall apply the proceeds of the sale in
<br />the following order: (a) to all expenses ofthe sale, including, but not limited to, Trustee's fees as permitted by applicable
<br />law and reasonable attorney's fees; (b) to all some secured by this Security Instrument; and (d 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 kind
<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, end each .1 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 />ofTrust 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 oftener, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed ofTrust 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 ofthem, shall be entitled to enforce this Deed ofTrust
<br />and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of their
<br />may to 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 m 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, maybe 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 ofTrust 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 to 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.
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