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200306662
<br />may execute and deliver to the purchaser or purchase. of such property a conveyance in fee simple. The Trustee shall receive
<br />the proceeds thereof and, subject to the requirements of the Nebraska Trust Deeds Act, shall apply the saute as follows: (e) first,
<br />the payment of the cxpen,la of nhaking, msintaitutg and executing this trust, protection of the Property, including the expense of
<br />any litigation and reasonable attorneys fees, and reasonable compensation to the Trustee; (h) second, to any advancements
<br />made by the Trustee or the Beneficiary pursuant hereto, with interest thereon; (c) third, to the payment of the Obligations herein
<br />secured of intended so to be, in such ender as Beneficiary shall elect, and any balance of said Obligations may be the subject of
<br />®mWialc suit; (d) and, fourth. should there by any surplus, Trustee v delay it to the Truant, or to such person as may he legally
<br />entitled thereto. The sale or sales by 'Iruslee of less than the whole of the Property shall not exhaust the power of sale herein
<br />granted, and the Trustee is specifically empowered to make successive sale or sales under such power until die whole of die
<br />Property shall be sold; and if die proceeds of such sale or sales of less limn the whole of the Promises shall be less than the
<br />aggregate of the Obligations and the expenses thereof, this Deed of Trust and the lien, security interest and assignment hereof
<br />shall remain in full force and effect as to the unsold portion of the Properly; provided, however, that Trustor shall never have any
<br />right to require the sale or sales of less than the whole of the Property, but Beneficiary shall have the right at its sole election, to
<br />request the Trustee to sell less than the while of the property_ Beneficiary may hid and become the purchaser of all or any pad of
<br />the Property at any such sale, and the amount of Beneficiary's successful bid nay be credited on the Obligations.
<br />(c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or suits in equity or at law, whether for the specific
<br />performance of any covenant or agreement herein cmnaincd or in aid of (le cxecution of any power heroin granted, or for any
<br />foreclosure hereunder or for the sale of the Property under the judgment or decree of any wart or courts of competent juriedie
<br />tion.
<br />(d) Rntry on Premises; Tenancy at Will.
<br />O Beneliciary may enter into and upon and take possession of all or any part of the Property, and hay exclude Truslor, and
<br />all persons claiming under Truster, and its agents or servants, wholly or partly therefrom; and, holding the same, Beneficiary may
<br />use, administer, manage, operate, and control the Property and my exercise all rights and powers of Trustor in the came, place
<br />and stead of 'Tmstor, er otherwise, as the Beneficiary shall deem best; and in the exercise of any of the foregoing rights and
<br />powers Beneficiary shall not he liable to 'Truster for any loss or damage thereby sustained unless due solely m the willfidmiswn-
<br />duct ce grass aegligence of Beneficiary.
<br />(if) In the event of a trustee's or other farecloome sale hereunder and if n the time of such sale Tmstor or any other party
<br />(other than a team under a Lease as to which the Beneficiary shall have expressly suhordimted the lien of this Deed of Trust as
<br />hcreinabove act out) recupiw the portion of the Property so sold or any pad thereof, such ouidurt, shall Thouredimcly become
<br />the tenant of the purchaser at such sale, which tcancy shall be a Tenancy from day to day, terminable at the will of such
<br />purchaser, at a reasonable rental per day based upon the value of the portion of the Premises so occupied (but not less Than any
<br />rental theretofore paid by such team¢, computed on a daily basis). Anaction of furcible detainer shall lie dany such team holds
<br />over a demand in writing for possession of such portion of the promises.
<br />(e) Receiver. Beneficiary may make application to a corn of competent jurisdiction, as a matter of strict right and without notice
<br />be Truster or regard to the adequacy of the Property for the repayment of the Obligations, for appointment of a receiver of die
<br />Property, and Tmstor does hereby irrevocably consent to such appointment. Any such receiver shall have all necessary and
<br />proper powers and duties of receivers in similar cases, including the fill power to rent, maintain and otherwise operate the
<br />Property upon such Lomas as may be approved by the court .
<br />(D Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations arc now or hereafter former secured by chattel
<br />mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty, assignments of leases, or other security,
<br />Bcncficiary may, at its option, exhaust its remedies under any one or note of said instruments and This Deed of frost, either
<br />concurrently or independently, and in such order as Beneficiary may determine. Beneficiary shall have all rights, remedies and
<br />recourses granted in the Loan Documents and available to it at law or equity (including, without limitation, those granted by the
<br />Umbrian Commercial Code), and same (a) shall be cumulative. containment, and nonexclusive, (b) hay be pursued separately,
<br />successively or concurrently against Tmsmr or others obligated for The Obligations, or any part Thereat or against any one or
<br />more of them, or against the Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion there-
<br />for shall arise, it being agreed by Truator drat the exercise of or failure to exercise any of same shall in no eve's be construed as a
<br />waiver or release thereof or of any other right, remedy or recourse.
<br />(g) Waiver by the 1leneliclary. The Beneficiary may permit the Truster to attempt to remedy any default without waiving its
<br />rights and remedies hereunder, and the Beneficiary may waive any defauh without waiving any other subsequent or prior default
<br />by the Truant. Forthemhore, delay on the pad of the Beneficiary in exercmug any right, power or privilege hereunder or at law
<br />willnot operate as a waiver thereof, nor whlany single or partial exercise of such right, power or privilege preclude other exercise
<br />thereof or the exercise of any other right, power or privilcgc. No waiver or suspension will be deemed to have noterred unless
<br />the Beneficiary has expressly agreed in writing specifying such waiver or suspension
<br />(h) Attorneys' Fees and Other Costs. Attorneys' fees and other case incurred in connection with this Deed of Trust may be
<br />recovered by tic Bcncficiary and included in any sale made hereunder or by judgment of foreclosure.
<br />1714Np. Page 5 of N MIMI
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