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200207190
<br />12. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Truster prior to acceleration
<br />following Truster 's breach of any covenant or agreement in this Trust Deed. The notice shall specify (a)
<br />the default; Ibl the action required to aura the default, 1cl a date, not lass than thirty (301 days from the
<br />date the notice Is given to Trustor, by which the default must be cured; and id) that failure to cure the
<br />default on or before the date specified in the notice may result In acceleration of the sums red by this
<br />Security Instrument and sale of the Property. The notice shall further inform Trustor of the right to reinstate
<br />after acceleration and the right to bring a c o urt action to assert the non- existence of a default or any Other
<br />defense of Trustor to acceleration and sale. if the default is not cured on or before the date specified In the
<br />notice, Beneficiary at Its option may require immediate payment In full of all sums secured by this Security.
<br />Trustor shall be entitled to collect all expanses incurred in pursuing the remedies provided in this paragraph
<br />12, Including, but not limited to, reasonable attorney's fees and cost of title evidence_ If power of sale Is
<br />invoked, Trustee shall record a notice of default in each county in which any part of the Property is located
<br />and shall mail topics of such notice in the required applicable law; Trustee shall give public notice of sale to
<br />the persons and in then finer prescribed by applicable law. Trustee, without demand on locator, shall sell
<br />the Property at cubic: auction to the highest bidder at the rime and place under the terms designated in othe
<br />notice. of sale In r more parcels and In any order trustee determines. Trustee may postpone sale of all
<br />or any parcel of Property by public announcement at the time and place of any previously scheduled sale.
<br />Beneficiary or Its designee may purchase the Property at any sale. Upon receipt of payment of the price bid,
<br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's
<br />deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the
<br />proceeds of the sale In the following order . fat to all expenses of the sale, including, but not limited to,
<br />Trustee's fees as permitted by applicable law and reasonable attorney's fees; (bl to all sums secured by this
<br />Security Instrument; and Ic1 any excess to the person or persons legally entitled to it
<br />13. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 12 or abandonment of the
<br />Property, Beneficiary fin person, by agent or by judicially appointed receiver) shall be entitled to enter upon,
<br />take possession of and manage the Property and to collect the rents of the Property including those past due.
<br />Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of
<br />management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums
<br />on r..e s bonds and reasonable attorney's tees, and then to the sums secured by this Security
<br />Instrument`
<br />14. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance at any 'Indebtedness or obligations secured hereby and to exercise all rights and
<br />pow under this Deed of Trust or under any Loan Instrument of other agreement or Any laws now or
<br />hereafter in force, notwithstanding some or all of the such Indebtedness and obligations secured hereby may
<br />w or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment of
<br />Otherwise. Neither the acceptance of this Deed of Trust nor Its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect
<br />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 of them, shall be entitled to enforce
<br />this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee In such order and
<br />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 Fran 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
<br />by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Benefioiary from seeking a deficiency judgment against the Trustor to the extent
<br />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
<br />the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such
<br />conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the
<br />conflicting provision, and to this end the provisions Of the Loan Instruments are declared to be severable
<br />This instrument cannot be warvesh changed, discharged or terminated orally, but only by an instrument in
<br />writing signed by the party against wham enforcement of any waiver, change, discharge or termination Is
<br />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 mconvey to Trustor, or the person
<br />or persons legally entitled thereto, without warranty, any portion of the Trust nature then held hereunder.
<br />The recitals In such reconveyanue Of any matters of facts shall be conclusive proof Or the truthfulness
<br />thereof. The grantee in any reconveyance may be described as the person or persons legally entitled
<br />thereto ".
<br />17. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any police
<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,
<br />demand, request or other communication with respect to this Deed of Trust, each such notice, demand,
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