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<br />200600952
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<br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to Beneficiary
<br />the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or abandonment of the Property,
<br />have the right to collect and retain such rents as they become due and payable. Upon acceleration as provided herein
<br />or abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled
<br />to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past
<br />due. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of
<br />the 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.
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<br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled
<br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and
<br />powers 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 otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed
<br />of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained,
<br />shall prejudice or in any maimer affect Trustee's or Beneficiary's right to realize upon or enforce any other security now
<br />or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or
<br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to
<br />Trustee or Beneficiary or to which 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 or Beneficiary and either or them
<br />may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law.
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<br />17. FIXTURE FILING. To the extent that improvements and Property constitute fixtures, this
<br />instrument shall be filed in the real estate records of the County of the location of the Property and be deemed a fixture
<br />filing.
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<br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of
<br />Nebraska. In the event that any provisions 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 conflicting
<br />provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot
<br />be 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.
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<br />19. TRUSTEE'S FEE. In the event of default, unless specifically waived in writing by Trustee,
<br />Trustor agrees to pay Trustee a fee equal to $50.00, or one-half (12) of one percent (1 %) of the entire unpaid principal
<br />sum secured, whichever is greater, subject to the limits of Neb. Rev. Stat. ~76-1012, as amended.
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<br />20. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument,
<br />Beneficiary shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes
<br />evidencing debt secured by this Security Agreement to Trustee. Trustee shall reconvey the Property without warranty
<br />and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs.
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<br />21. REQUEST FOR NOTICES. Trustor requests that copies of the notices of default and sale
<br />be sent to Trustor's address which is the Property Address. Trustor further requests that copies ofthe notices of default
<br />and sale be sent to each person who is a party hereto at the address of such person set forth herein.
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<br />22. NOTICES. Any notice to Trustor provided for in this Security Instrument shall be given by
<br />delivering it or mailing it by first class mail unless applicable law requires use of another method. The notice shall be
<br />directed to the Property Address or any other address Trustor designates by notice to Beneficiary. Any notice to
<br />Beneficiary shall be given by first class mail to Beneficiary's address stated herein or any other address Beneficiary
<br />designates by notice to Trustor. Any notice provided for in this Security Instrument shall be deemed to have been given
<br />to Trustor or Beneficiary when given as provided in this paragraph.
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<br />23. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly
<br />executed and acknowledged, is made a public record as provided by law.
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<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as ofthe day and year first above
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<br />written.
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<br />NICKI J. KAI;-~c}sr~ ~,'k ~
<br />B~~~;I~'
<br />~.KK~'t
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<br />Rosie K. Kallos
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<br />OF NEBRASKA
<br />COUNTY OF HALL
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<br />)
<br />) SS
<br />)
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<br />The foregoing Deed of Trust was acknowledged before me on February 1,2006, by Rosie Kallos, y:
<br />individually and as attorney-in-fact on behalf of Nickie J. Kallos Sr., and Nickie J. Kallos, Jr., a single person, as their
<br />free and voluntary act and deed.
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<br />GENERAl NOT MY . State of Nebraska
<br />ELIZABETH A GARDUNO
<br />My Comm. Exp. March 2, 2009
<br />
<br />My Commission Expires: 3 - :2, -09
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<br />
<br />~"CI~
<br />Notary Public
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<br />~ I~} A ROSi e.-- \( ~ Jl t'S /
<br />tt I k J A RoSffir'l\~ k. ~~ I (es
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