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200313071 10.1TRUSTOR NOT RELEASED; FORBEARANCE By BENEFICIARY NOT A WAIVER. Extension of Una time l'I payment or nodilicat I, of mnartizediun of till sums secured by this Socurity bwtrnment granted by Beneficiary to any successor in interest of Trusba shall not opeute W micaee the liability of the original To act., or Trustee's successors in interest. Beneficiary shall not be required to commence proceedings against any successor hn interest or refuse to extend time fur payment or othewise modify amortization of the sums secured by Line Security loan mutual by reason of any demand made by the original Truster or TrusLo's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise of toy right or remedy. 11. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. Hall or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Tritium is sold or transferred and Truster is not a natural purse ") without ]lone Bciar.Y's prier written consent, Beneficial may, at its option, require unnnetlete payment in full of nil sumo socu red by this Security 1, trummy howevo o, this opt :on shall not be exmciend by Beneficiary if exercise is,nolu lLed by federal law as of tlo date of Lhis Seem joy buar in ut. It 13 briery ea, rcis,e this option, Beneficiary shall give Truster notice of au:elorution. The uotice Shull provide a period ul',ml, Icss than 30 days ]rerun Lhe data the notice is delivered or station within whioh Llo To leltor nest pay all sums secured by this Security Instrument, If Trustor fails to pay Bose xume prier Lo the expirnl.iou of Lhis Pnru¢I, B u,(1clery umy 'urvukc any reuodie, permitted by Lhis Security Instrument without further oilier or deumud on Tension 12. EVENTS OF DEFAUIfI'. Any of till, following events shall be deemed an event of default hereunder: a, Tirane shall beer, hailed to male lot m,not or any installment of interest, principal, or principal and interest or any other sum secured hereby when due; or b.'Thoro has owurred a broach .1 or default under any term, wvemnt, agreement, condition, provision, represen- tation or warranty contained in any of the Loan Instruments. 13. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Tricolor prior to acceleration following Trustee's breach of any covenant m' agreement in this Trust Deed. Tie notice shall specify: (a) tiro default; (b) the notion required to cure the default; (c) a data, not less limn 30 days ]'rain the date the notice is given to Trustor, by which the default must be. cured: and (d) that failure to sure the default oil or before the data specified in tiro notice may result in acceleration of the sums secured by this Security Instrument and auto of the Property. The notice shrill further inform Tractor of the right to reinstate after acceleration and Lire right to bring a court action to assert the non-existence of a default or any other defense of Trustee to acceleration and sale. If the default is not cured on or haters the date specified in the notice, Beneficiary at its option may require imunediate 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. Truster shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, including, but not limited to, reasonable attorneys fees and costs of title evidence. If power of sale is invoked, Trustee shall record a notice of default in each county iu which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Treater 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 proscribed by epplic- ab)e law, Trustee, without demand on Truest, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in tine Indic, of sale in one or move parcels and in any order Trustee determines. Trustee may postpone sale of all at any parcel of the Property by public announcement at tine time and place of any pre- viously scheduled sale. Beneficiary or its designee may pnue rtes 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.The recitals in the Trustee's deed shall be prima facie evidence ol'the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable atWrnr,}vs fees; dq to all sums secured by this Seen, ity lnsdrunront, and (e) any excess to the person or persons legally entitled to it 14. BENEFICIARY IN POSSESSION. Upon acceleration tinder paragraph 1;1 or abandonment of the Property, Beneficiary (in pores., by agent or by judiciolly appointed receiver) shall be entitled to enter upon, Lake possession Offered 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 Rent to payment of the costs of msnagenent of the Property and oolteetion 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 sons secured by this Security loo,, m neat. 15. REMEDIES NOT EXCLUSIVE. To netee and Beneficiary, and notch of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise .11 rights slid powers under this Deed of Prust or under any Loan Instrument or other agreement or say laws now or hereafter in force, notwithstanding some or all of tiro such Indebtednl,ne and obligations secured touchy nay now or hnr,after be otherwise secured, whether by mortguge, deed of trust, pledge, lien, assignment or other i so. Neither the acceptance of this Deed of Trust nor its anforoe- ment whether by court action or pursuant to the power of sale or other powers herein contained, she] I prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enl'oroa any other security now or hereafter held by Trustee or Beneficiary, it being agreed thatTrus tee and Beneficial and each of them, shall be entitled to enforce this Deed of Trust and any ather seen n ty now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein confered upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative end 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 Lnmn Instruments to T, ustae or Beneficiary or to which either of them may he otherwise entitled, may be exercised, cencurretiby or independently 4om time to time and as often as may be deemed expe- dicat by'n ustco or BcncGcinry and either of them may pursue inconsistent remedies Nothing herein shall he construed sa prohibiting Beneficiary from seeking . deficiemy jorlgamat agaiuot th, Toaster to Lhc extent such action is permitted by law. 10. GOVERNING LAW. This Decd of Trust shall be governed by the haws of the State of Nebraska. In the event that any provision or clause of any of the Loan Irish orients conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan hour unreels whirls emu be given effort withmit the conflicting provision, and to this end the pro- visions of the Loan instruments are dedmwd to be severr ble. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the petty against whom enforcement of any waiver, change, discharge or termination is sought. 17. RECONVEYANCE. Upon guyment ul' all suers secured by this Security instrument, Beneficiary shall request Trust. to recoIvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trusted. Trustee shall roconvey the Property without warranty and without charge to the per- son or persona legally entitled to it. Such Person at persons shall pay any recordation costs. 18. REQUEST FOR NOTICES. Trustor requests that copies of the notices of default and sale be sent to To ustors address which is the Property Address-. Truster further requests that copies of the notices of default and sale be sent to each person who is a party Imreto at the address of suet) person set firth herein. 19. NOTICES. Any notice to Toaster provided for in this Security Instrument shall be giver by delivering it or by mail- ing it by first class moil moires applicable law requires use of another method. The notice shall be directed to the Property Address or any other address TI Later 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 Truster. Any notice provided for in this Security Instrument shall be formed W have been given to Truster or Beneficiary when given as provided in this paragraph. 20. ACCEPTANCE BY TRUSTER. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowl- edged, is made a public record as provided by law.