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<br />88-103457
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<br />9, EVENTS OF DEFAULT, Any of the followinl{ events shall be deemed IIn event uf defalllt hereunder:
<br />(a) TrustDr shall have failed tD make payment of any installment of interest, principal, or principal and interest or any
<br />other sum secured hereby when due; or
<br />(b) There has occurred a breach uf or default under any term, covenant, a~reement, cundition, provision, representation
<br />or warranty contained in any of the Loan Instruments,
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<br />10, ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES, Should an event of default occur Bem,ficiary
<br />may declare all indllbtness secured hereby tD be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice of any kind, Thereafter Beneficiary may:
<br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court
<br />and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in
<br />its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, market-
<br />ability or rentability of the Trust Estate, or part thereof or interp.st therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and
<br />profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection
<br />including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may detennine, The
<br />entering upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder orin validate any actdonein response
<br />to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every
<br />right provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to
<br />exercise the power of sale;
<br />(ii) Commence an action to foreclose this Deed of Trust as a mortl{age, appoint a receiver, or specifically enforce any of
<br />the covenants hereof;
<br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election
<br />to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate Official Records of the County in which the Trust Estate is located,
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<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect tD foreclose bv exercise of the Power of Sale
<br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed ~fTrust and the Note and such
<br />receipts and evidence of expenditures made and secured hereby as Trustee may require,
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor
<br />such Notice of Default and Notice of Sa Ie as then required by law and by this Deed of Trust. Trustee shall, without demand
<br />on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Noticeof
<br />Sale having been given as required by law, sell the Trust Estate atthe time and place of sale fixed byitin such Notice of Sale.
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may deter-
<br />mine, at public auction to the hil{hest bidder for cash in lawful money of the United States payable atthe time of sale. Trustee
<br />shall deliver to such purchaser or purchasers thereof it., ~ood and sufficient deed of deeds conveyinR the property so sold. but
<br />without any covenant or warranty, express or implied, The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof, Any person, indlldin~, without limitation, Trustor, Trustee and Beneficiary. may purchase
<br />at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers,
<br />(b) As may be permitted by law, after deducting Trustee Fees in the amount of , Trustee shall apply the
<br />proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />trusfP.e fees of not more than 1/2 of 1 % of the gross sales price. reasonable attorney's fees and costs of title evidence; (b) to all
<br />sums secured by this Deed of Trust; (c) to the payment of junior Trust Deeds, mortgages or other lien holders; and (d) the
<br />balance. if any. to the person or persons legally entitled thereto,
<br />(c) Trustee may in the manner prnvided by la", postpnne sale of all or any portion of the Trust Estate,
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<br />12. REMEDIES NOT EXCLlJSlV~:, Trust"" and Reneticiary, and each of them, shall be entitled to enforce payment
<br />and performance of any indt.btedm'ss or ohlil{ations s{'('ured hereh~' and to ('xercise all riRhts and powers tinder this Deed of
<br />Trust or under any Loan Instrument or other af.,'TCt'me11l or any laws nnw or hereafter in force, not,,~thstanding some or all
<br />of the sach indebtedness and ohlil{ations secured hen'by may now or hereafter be otherwise secured, whether by mortgaRe.
<br />deed of trust, pledge. lien, assif.,'11ment or othl'rwise, Neither the ac('eptanceofthis Deed of Trust nor its enforcement whether
<br />by court action or pursuant to thl' power of sal.. or other powers herein contained. shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's riRht to realizl' u I" on or .'n f. 'n'I' any. ,ther sl..'urity now or hereafter held by Trustee or Beneficiary,
<br />it being af.,'Teed that Trustt... and Benl-fkiary, and ('II['h or t!ll'm, shall bl' l'ntitled to enforce this Deed of Trust and any other
<br />security now "r hereafter held h~' Bl'lwfi['illry or 'I'ruSU'I' in such orrl.'r and manner as they or either oflhem may in their
<br />absolute discretion determim-, No r,'nwd~' h{'rl'in ,'onfim','d up"n nr reserwd to Trustee or Beneficiary is intended tD be
<br />exclusive of any other remedy hl'rein or h~' lllw prm'ld,'d . 'r p.muitted. hut ,'ach shall be cumulative and shall be in addition
<br />to every other remedy f.,.jven herl'undl'r or now or h{'r.'aft(-r.-xisting at law or in equity or by statute. Every power or remedy
<br />given by any of thl' Loan I natl'uml'n l>; (0 Trusu'l' or 1,1t'11l'fkIary or tn whie h either "fthem may be otherwise entitled, ma~' be
<br />exercised, concurrently nr ind,'p"llllt'nth', from tinw In lim.' IInd lis often as may be deemed expedient by Trustee or Bene-
<br />ficiary and either ofthern may pursul' inmnSlsu.nt rt'm,'dll's, Nothin~ herein shall be construed as pruhihitinR Beneficiary
<br />from seekin~ a deficieney judl.:nlI'nt lIJ.:ainst IIII' Trustor 10 tilt' l'xtt'nt sueh actinn is permittrl hy la\\',
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<br />REQUEST FOR NOTl( '10: Trustor Ill'rt'hy rt'quI"'ls a I'Op~' ofan~' notic..ofd..fllultand that an~' nnticl'nfsale hereunder
<br />be mailed tn it at tIll' adrlrl'ss spl forlb In till' firsl pllrltf.,'l'lIph of Ihis Ilfot'd of Trust.
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<br />14, GOVERNING LA W, This Ill'l-rlofTrust shllJllll' gov,'rn..d hy th,.laws ofth,. StHte of Nehraska, In the e\'ent that
<br />any provision or clause of any of till' Lonn (nstrumt-ol>; connicls with llpplicllhle laws. such conflicts shall not affect other
<br />provisions of sucb Loan Instrum,'nts whieh "lIn b,' f.,';Vt'n ..ffl",t without tl,.. conflicting provision, and tAl this end the pro-
<br />"isions of thp Loan lnstrum.'nt., art- rl.-dan'd 10 Ill' sl."..ruhl." This inslruml>nt <'lInoot Ill' waiw.d, t'hanf.l"d, discharged or
<br />terminated orally, but only by IIn inst.rum,'nt in writin~ sif.,'Tll'd hy th.. party against whom t'nforcement of any waiver.
<br />change, discharge or termination is sou~ht.
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<br />15, RECONVEY ANC!': BY THllST~:K Upon written reqUl'St of Beneficiary statin~ thatall sums securro hereby have
<br />been paid. and upon surrend..r of this Il"l'd of Trust and till' Notl' ,.. Trusu'e for cancellation and retention and upon pay,
<br />ment by Trustor IlfTrust....', fl>I'S, Trusu'l' shall n'I""W",V to Trustor, or till' lwrson or persons legnll~' entitl"d thereto, without
<br />warranty, any portion IIf th.. Trust Esta!t. th..n 1ll'ld Iwr..undl'r, TIll' 11''';W Is in sueh l'e"fmve~''''H'I- nf any matters IIr fact...
<br />shall be conclusiv(~ proof of thl' truthfuJnt'sH l,hf.'r('of. Thl' j.!ranh'(' iJllln~' I'Pl'IIIl\.'l'yanl'(' I11H~' ht.' de!<i('rillPd as "thE" pprsnn or
<br />persons lef.lally entitled ther"III"
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<br />16, NO'I1CES, Whem'ver Beneficiary, Trustor IIr Trust.'e sh,dl d..sin. to f.,.;ve or SI'TV" any notie,-, demand, request or
<br />other communication with r"~IIPct. tn tJlis Ill-,'d nf1'rust, ench such n<llke, "emand, Tt'quest or ntJler communimtion shall be
<br />in writinl1 and shall be effe(,tive IInly iftlw ~(\ml' is d..liv..r..d h~' flI'"mnnl st-rvie" ormniled by c"rtifi"d mail, post.nRC prepaid,
<br />return receipt requested, addr(,ssl'd to I hI' lIe1dr.',.s s"t lilrt h lit tl.... 1",llinnin/.( ofthia I l....d of Trust. Any pnrt~' may at this time
<br />change itlladdress for such noli,'..s hy e1l'li\'t'rinJ.: 0" m,dling 101111' ot.lwr partil's lll'rl'lo, liS "flll'l'Sllirl, n noti,'I' nfsuch chan!l'I',
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<br />17, ACCEPTANCE BY 'I'IH lSTEI-;, Trllst..l' "'.....pt' t his Trust wlll'n I his Il"I,d of Trust, dul~' l'XI,.'Ult.e1 llnd acknow,
<br />ledl1ed, is mnde a puhlie rl'l'orel as pro\'id..d .. IIII\'
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<br />IN WITNESS WI-JEREl W, Trustor h, ",,'ut..d this I )""d or Trust liS of till' dll,\' lInd ~"'lIr first ahoVl' \\Tiu.'n,
<br />TRUSTE)-;, Trust.t'I- nIT""'S thi I'rust wl"," I hI." 11".:tl "I' Trust. dul,\' f'x"I'ull'd lllld 'Il'know
<br />ledl{tocl, is mnd,' II puhlic r",'ord ns pl'llvirl., y Ill\\',
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<br />I~ WITN~:S~: WIII';HEIII', Trust.... has "Xl'l'uI,'d Ihl' 111....1, " ils/J'ft ~ 11 .""n<l \,"''''.I~ip';1 ah..". ""IIt.'n,
<br />/.!;/} J / '17:'
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