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200505475
<br />any other remedy provided for herein, therein or otherwise at law or in equity, and each
<br />such right or remedy shall be cumulative and shall be in addition to every other remedy
<br />given hereunder, thereunder or now or hereafter existing at law or in equity or by statute.
<br />Every power given by any of the Loan Instruments to Trustee or Beneficiary or to which
<br />either of them may be otherwise entitled may be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee
<br />or Beneficiary, and either or both of them may pursue inconsistent remedies. Nothing
<br />herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against the Trustors to the extent such action is permitted by law.
<br />12. Assignment of Rents. For the purpose of providing further security for the
<br />debt secured hereby, Trustors hereby assign, transfer, and set over to Beneficiary, to be
<br />applied toward the payment of the Note and all other sums secured hereby or evidenced
<br />by the Loan Instruments, exercisable in the event of default in the performance of any
<br />of the terms or conditions of this Deed of Trust, or the said Note, or the terms of any Loan
<br />Instruments, all the rents, revenues, and incomes, if any, to be derived from the Property
<br />during such time as the Note shall remain unpaid; and Beneficiary shall have the power
<br />to appoint any agent or agents they may desire for the purpose of repairing the Property
<br />and of renting the same and collecting the rents, revenues, and income, and it may pay
<br />out of said income all expenses of repairing the Property and necessary commissions and
<br />expenses incurred in renting and managing the same and of the payment of insurance
<br />premiums and of collecting rentals therefrom, and the balance remaining, if any, to be
<br />applied toward the discharge of the Note.
<br />13. Due on Sale. Upon the sale or transfer of all or any part of the Trust Estate
<br />without the Beneficiary's prior written consent, the Beneficiary may at its option declare
<br />all sums secured by this Deed of Trust to be immediately due and payable. Sale or
<br />transfer means the conveyance of the Trust Estate or any right, title or interest in the
<br />Trust Estate, whether legal, beneficial or equitable.
<br />14. A ointment of Successor Trustee. Beneficiary may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and
<br />recorded in the county in which the Trust Estate is located, and by otherwise complying
<br />with the provisions of the applicable law of the State of Nebraska, substitute a successor
<br />or successors to the Trustee named herein or acting hereunder.
<br />15. Successors and Assigns. This Deed of Trust applies to, inures to the benefit
<br />of, and binds all parties hereto, their heirs, legatees, devisees, personal representatives,
<br />successors, and assigns. The term "Beneficiary" shall mean the owner and holder of the
<br />Note, whether or not named as beneficiaries herein.
<br />16. Inspections. Beneficiary, or their agents, representatives, or workmen, are
<br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the
<br />purpose of inspecting the same and for the purpose of performing any of the acts it is
<br />authorized to perform under the terms of any of the Loan Instruments.
<br />17. Request for Notice. Trustors hereby request a copy of any notice of default
<br />and that any notice of sale hereunder be mailed to them at the address set forth in the
<br />first paragraph of this Deed of Trust.
<br />18. Governing Law. This Deed of Trust shall be governed by the laws of the
<br />State of Nebraska. In the event that any provision or clause of any of the Loan
<br />Instruments conflicts with applicable laws, such conflicts shall not affect the provisions
<br />of such Loan Instruments which can be given effect without the conflicting provision and,
<br />to this end, the provisions of the Loan Instruments are declared to be severable. This
<br />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,
<br />change, discharge, or termination is sought.
<br />19. Reconveyance by Trustee. Upon written request of Beneficiary stating that
<br />all obligations secured hereby have been paid or performed in full, and upon surrender
<br />of this Deed of Trust and the Note to Trustee for cancellation and retention, and upon
<br />payment by Trustors of Trustee's fees, Trustee shall reconvey to Trustors, or the person
<br />or persons legally entitled thereto, without warranty, any portion of the Trust Estate then
<br />held hereunder. The recitals in such reconveyance of any matters or facts shall be
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