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200311729 10.TRUSTOlt NOT RELEASEI); FORBKAItANCII, 13Y IINNEFICIAltY NO T A WAIVEA?. lilxtension ()['tile time liar paynnent or modification of amortization of the sums secured by this Security Instr•Um('nt granted by Beneficiary to any successor in interest of'1'rustor sliall not operate to release the liability of the original Trustor or Trustor's successors in interest. Beneticiary shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security lostruurent. by reason of any demand made by the original Trustor or Trustor's successors in interest. Ally forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or renned,y. 11. TRANSFER OF TI1E PROPER'I'Y Olt A BENEiQCIAI, I If all orally part of the Property or any interest in it is sold or transferred (or if a beneficial interest ill Trustor is sold or transferred and Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its option, require immediate payment in full of all stuns secured by this Security hrstrunuent, however, this option shall not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of this Security InNtrUIVICHL. If Bcncliciary exercises this option, Beneficiary shall give Trustor notice of acceleration. TI)v notice shall provide a period of not less than :30 days front the date the notice is delivered or mailed within which tile Trustor must pay all stuns secured by this Security Instrument. IfTrustur fails iv pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security Instrument without further notice or demand oil Trustor. 12. EVENTS OF DEFAULT' Any of the following events shall be deemed an event of default hereunder: a. Trustor shall have failed to make payment orally installment of interest, principal, or principal and interest or any other sum secured hereby when due; or b. There has occurred 11 breach of or default under any term, covenant, agreement, condition, provision, represen- tation or warranty contained in any of the Loan Instruments. 13. ACCELERATION; REMEDIES. Beneficiary sliall give notice of default to Trustor prior to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the (late tine notice is given to Trustor, by which the default must be cured: and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the swus secured by this Security InAruuent and sale of the Property. Tile notice shall further inform Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other defense of Trustor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, including, but not limited to, reasonable attorney's fees and costs of title evidence. If po%yer of sale is invoked, Trustee sliall record a notice of default in each county in which any part of the Property is located and sliall mail copies of such notice in the manner prescribed by applicable law to Trustor and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applic- able law. 'Trustee, without demand oil Trustor, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any pre- viously scheduled gale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser 'Trustee's deed conveying the Property. 'File recitals in the 'Trustee's deed shall be prima facie evidence of the truth of the statements made therein. 'Trustee sliall apply the proceeds of the sale ill the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's Lees as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, includ- ing, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument. 15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforce- ment whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee ill such order and manner as they or either of therm may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or I3eneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of theun may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deenned expe- dient by Trustee or Beneficiary and either of there may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 16. GOVERNING LAW, This Deed or Trust shall be governed by the laws of tine State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can lie given effect, without the conflicting provision, and to this end the pro- visions of the Loan Instruments tare declared to be severable. This histrunient cannot be waived, changed, discharged or terminated orally, but only by an insirunnent in writing signed by the pr lrt.y against whonn enforcement orally waiver, change, dirrchmge or termirurtion is soughl.. 17. RECONVEYANCE. Upon paynnvnl, of 1111 sunns secured by this Security Instrument, 13eneliciar•y slurll request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the per- son or persons legally entitled to it. Such person or persons shall pay any recordation costs. 18. REQUEST FOR NO'T'ICES. 'Trustor requests that copies of the notices of default and sale be sent to Trustor's address which is the Property Address. Trustor further requests that copies of the notices of default and sale be sent to each person who is 'a patty hereto at the address of such person set forth herein. 19. NOTICES. Any notice to Trustor provided for in this Security Instrument shall be given by delivering it or by mail- ing it by first class mail unless applicable law requires use of another method, The notice sliall be directed to the Property Address or any other address Trustor designates by notice to Beneficiary. Any notice to Beneficiary shall be given by first class mail to Beneficiary's address stated herein or any other address Beneficiary designates by notice to 'Trustor. Any notice provided for in this Security Instrument sliall be deemed to have been given to Trustor or Beneficiary when given as provided in this paragraph. 20. ACCEPTANCE BY TRUSTEE. 'Trustee accepts this 'Trust when this Deed of Trust, duly executed and acknowl- edged, is made a public record as provided by law.