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<br />200602440
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<br />to accelerate, presentment or demand for payment, protest, notice of protest, notice of nonpayment or
<br />dishonor, or notices or demands of any kind or character (all of which are hereby waived by Grantor).
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<br />Section 7.2 Foreclosure; Power of Sale.
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<br />Lender may require Trustee, and Trustee is hereby authorized and empowered, to enter and take
<br />possession of the Property and to sell all or part of the Property in accordance with the Nebraska Trust
<br />Deeds Act, as the same may be hereafter amended or modified. Trustee may sell all or any portion of the
<br />Property, together or in lots or parcels, and may execute and deliver to the purchaser or purchasers of such
<br />property a conveyance in fee simple. Trustee shall receive the proceeds thereof and, subject to the
<br />requirements of the Nebraska Trust Deeds Act, shall apply the same as follows: (a) First, the payment of
<br />the expenses of making, maintaining and executing this trust, protection of the Property, including the
<br />expense of any litigation and reasonable attorneys' fees, and compensation to Trustee comprised of actual
<br />fees plus an administrative fee of no less than $750.00; (b) second, to any advancements made by Trustee
<br />or Lender pursuant hereto, with interest thereon; (c) third, to the payment of the Obligations herein
<br />secured or intended so to be, in such order as Lender shall elect, and any balance of said Obligations may
<br />be the subject of immediate suit; (d) and, fourth, should there be any surplus, Trustee will pay it to
<br />Grantor, or to such person as may be legally entitled thereto. The sale or sales by Trustee of less than the
<br />whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically
<br />empowered to make successive sale or sales under such power until the whole of the Property shall be
<br />sold; and if the proceeds of such sale or sales of less than the whole of the Property shall be less than the
<br />aggregate of the Obligations and the expenses thereof, this Deed of Trust and the lien, security interest
<br />and assignment hereof shall remain in full force and effect as to the unsold portion at the Property;
<br />provided, however, that Grantor shall never have any right to require the sale or sales of less than the
<br />whole of the Property, but Lender shall have the right at its sole election, to request Trustee to sell less
<br />than the whole of the Property. Lender may bid and become the purchaser of all or any part of the
<br />Property at any such sale, and the amount of Lender's successful bid may be credited on the Obligations.
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<br />Section 7.3 Judicial Action.
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<br />Lender shall have the right from time to time to sue Grantor for any sums (whether interest,
<br />damages for failure to pay principal or any installments thereof, taxes, or any other sums required to be
<br />paid under the terms of this Deed of Trust, as the same become due), without regard to whether or not any
<br />of the other Obligations shall be due, and without prejudice to the right of Lender thereafter to enforce
<br />any appropriate remedy against Grantor, including an action of foreclosure or an action for specific
<br />performance, for a Default or Event of Default existing at the time such earlier action was commenced.
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<br />Section 7.4
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<br />Collection of Rents.
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<br />Upon the occurrence of an Event of Default, the license granted to Grantor to collect the Rents
<br />shall be automatically and immediately revoked, without further notice to or demand upon Grantor.
<br />Lender may, but shall not be obligated to, perform any or all obligations of the landlord under any or all
<br />of the Leases, and Lender may, but shall not be obligated to, exercise and enforce any or all of Grantor's
<br />rights under the Leases. Without limitation to the generality of the foregoing, Lender may notify the
<br />tenants under the Leases that all Rents are to be paid to Lender, and following such notice all Rents shall
<br />be paid directly to Lender and not to Grantor or any other Person other than as directed by Lender, it
<br />being understood that a demand by Lender on any tenant under the Leases for the payment of Rent shall
<br />be sufficient to warrant payment by such tenant of Rent to Lender without the necessity of further consent
<br />by Grantor. Grantor hereby irrevocably authorizes and directs the tenants under the Lease to pay all
<br />Rents to Lender instead of to Grantor, upon receipt of written notice from Lender, without the necessity
<br />of any inquiry of Grantor and without the necessity of determining the existence or non-existence of an
<br />Event of Default. Grantor hereby appoints Lender as Grantor's attorney-in-fact with full power of
<br />substitution, which appointment shall take effect upon the occurrence of an Event of Default and is
<br />coupled with an interest and is irrevocable prior to the full and final payment and performance of the
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<br />Hall County, Nebraska
<br />DB03/7594020518/6758724.2
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