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<br />13. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 12 or abandonment of the
<br />Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take
<br />possession of and manage the Property and to collect the rents of the Property including those past due. Any
<br />rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of the
<br />Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and
<br />reasonable attorney's fees, and then to the sums secured by this Security Instrument.
<br />14. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers
<br />under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force,
<br />notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or
<br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize
<br />upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee
<br />and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br />exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be
<br />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
<br />may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may
<br />be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing
<br />herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />15. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the
<br />event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall
<br />not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision,
<br />and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be
<br />waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against
<br />whom enforcement of any waiver, change, discharge or termination is sought.
<br />16. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured
<br />hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and
<br />retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or
<br />persons legally entitled thereto, without warranty, any portion of the Trust estate then held hereunder. The recitals
<br />in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee
<br />in any reconveyance may be described as "the person or persons legally entitled thereto ".
<br />17. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice
<br />of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust.
<br />18. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand,
<br />request or other communication with respect to this Deed of Trust, each such notice, demand, request or other
<br />communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed
<br />by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning
<br />of this Deed of Trust. Any party may at this time change its address for such notices by delivering or mailing to
<br />the parties hereto, as aforesaid, a notice of such change.
<br />19. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and
<br />acknowledged, is made a public record as provided by law.
<br />written. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above
<br />Trustor - Brian L. Hayes
<br />STATE OF NEBRASKA )
<br />) ss:
<br />COUNTY OF HALL )
<br />Trustor - Julie L. Hayes de
<br />The foregoing Deed of Trust was acknowledged before me on Affi t , 2002, by
<br />Brian L. Hayes and Julie L. Hayes, husband and wife.
<br />� t"a �.d il;.i'J61, iwi�;A4�t �?�EE {t3 �i �3Ui► ��d`
<br />JOHN fi. ►iRO VNELL
<br />My CcMm. Ex P. Sept. b, id .
<br />I
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