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88- 104427 In. ACCELERATION UPON DEFAULT, ADnmONAL REMEDIES. Should an event of default occur Beneficiary .MY declare all indebtn.... secured herehy to he due and payable and the same .hall thereupon become due and payable without nny presentment, demand, protest or notice of any kind. Thereaft.er Beneficiary may: Ci) Either in person or by agent. with or without brin,onJl' any action or proceedinR'. or by B receiver appointed hy n MUTt and without regard to the adequacy ofite s""urity. enter upon and take pos..ssion ofthe Tro.t Estate, or any part thoreof, in ita own name or in the name ofTru!l.ee, and do any acts which it deems necessary or desirable to preserve the value, market- ability or rentability of the Trust Estate, or part thereof or interest therein, increBBe the income therefrom or protect the security hereof and, with or without taking po..ession of the Trust Estate, sue for or oth~.. collect the rente, illllUeo and profita thereof, including thoee paot due and unpaid. and apply the same, I... coste and expen..s of opemtion an<\ collection including attorneys' fees, upon any indebtedn..s IIt!CUred hereby, all in such order ao Beneficiary may detennine. The entering upon and taking poBllession of the Trust Eotote, the collection of such renta, isau.. and pro6ta and the application thereofBB aforeoaid, ahall not cure or waive any default or notice of default hereunder orinvalidate any actdonein response to ouch default or pursuant to such notice of default and, notwithstanding the continuance in _aion of the Trust Eotote or the collection, receipt and application of renta, issues or profite, Trustee or Beneficiary shaH be entitled to exercise every rilltht provided for in any of the Loan Instrumenta i,. by law upon occurrence of any event of default, includinllt the rillht to exercise the power of sale; (iil Commence an action to foreclose this Deed of Trust as a mortlltall8, appoint a receiver, or specifically enforee any of the covenants hereof; (iii) Deliver to TrUBtee a writ1en declaration of default and demand for .ale, and a written notice of default and election ro cause Trustor'" interest in the Trust Estate ro be IlOld, which notice Trustee shall caUBe ro be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located. 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to forecloee by exercise of the Power of Sale herein contained. Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipte and evidence of expenditures mode and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale os then required by low and by this Deed ofTru"L Trustee shall, without demand on Trustor, after such time os may then be required by law and after recordation of such Notice of Default and after Noticeof Sale having been given as required by law, sell the Trust Estate atthe time and place of sale fixed by it in such Notice ofSaI.. either as a whole, or in separate 10lA or parcels or items os Trustee shall deem expedient, and in such order BB it may deter- mine, at public auction to the hiRh..t hidder for cosh in lawful money of the United States payable atthe time of sale. Truotee shall deliver to such purchaser or purchn.... theft'Ofillllltood and sufficient deed ofdeedsconveyinll the property 80 IHItd, but without Bny covenant or W8ITonty, cxpreRR or implied. The recitalR in Ruch deed of any matters or facts ehall he conclusive proof nfthe truthfulness thereof. Any person, lncludinllt, without Iimitotion, Trustor, Trustee and Beneficiary, may purchase at such sa]e and Trusror hereby coven ante to warrnnt and defend the title of such purchaser or purchasers. (bl ~ may be permitted by ]aw, ofterdeducting all COllta, fees and expens.. of Trustee and of this Trust, includinllt coalll of evidence of title in connection with sale, Trustee aha II apply the proceeds of sale to payment ofCi) all sums expended under the terms hereof, not then repaid, with accured interest at _ peromt (_'Jlo) per annum, (ii) all other sums then oecured hereby, and (iii) the remainder, if any, to the pe"",n or pe",ons lelltally entitled thereto. (c) Truotee may in the manner provided by low, poetpone sa]e of 011 or any portion of the Trust E.tate. 12. REMEDIES Nar EXCLUSIVE. Tru!l.ee and Beneficiary, nnd each of them, shall be cntitled ro enforce payment and performance of any indebtednellS or oblillations secured hereby and to exercioe all rillhte and powe'" under this Deed of Trust or under any Loon Instrument or other a/!l'ooment or any lows now or hereafter in force, notwithstanding IHIme or all of the such indebtedness and oblilltations secured hereby may now or hereafter be otherwise secured, whether by morillalle, deed of trust. pled lite, lien, oosi""ment or otherwise. Neither the occeptanceofthis DeedofTrnst nor its enfol'Cl!ment whether by court action or pursuant to the power of sale or other powers herein contained. aha)) prejudire or in nny manner affect Trustee's or Beneficiary's right to realize upon or enforce any other 8ecurity now Dr hereaCtcr held by Trustee or Heneiiciary, it beinllt alll'eed that Trustee a~d Beneficiary, and each of them, shall be entitled to enfo"", thi. Deed of Trust and any other _urily now or hereoRer held by Benrlil'iary or Trustee in such order nnd manner Oft they or either of them may in their abaolute discretion determine. No remerly hmin conferred upon or reserved to Trustee or Beneficiary io intended to be eKduAivr or Rny nthrr rl'mf'ny hrlT'in or hy Inw prnvidrd elf prrmith'd. hut ('neh "holl he cumulntive nnd flhnll 00 in ndditinn to every other remedy Riven hereunder or now or herenfter cxistinR' at law or in equity or by atntute. Every powPror remPdy given by any of the Loon Instruments ro Trustee or Beneficiary or ro which citherofthem may beotherwiaeentitled, may be exerciaed, concWTently or independently, from time to time and os often DB may be deemed expedient by Trustee or Bene- ficiary and either of them may pursue inconsi8lent ...medil... Nothinllt herein shall be construed as prohibitinllt BeneficiAry from seeking 0 deficiency judlltment against the Trustor ro the extent such action is permittd by law. REQUEST FOR NOTICE. Trustor hereby requ...ts a copy of any notice of default and that any notice ofonle hereunder be moiled ro it at the addre.. set forth in the first parolll'oph of this Deed of TrusL 14. GOVERNING LAW. Thi. Deed of Trust shall be Rovemed by the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instrumente conflicts with applicable Jaws, ouch conflictoshall not affect other provisions of BUch Loon Instruments which can be liriven effect. without the connictinR' proviflion, and to this end the pro- vioiona of the Loan Instrumenta are declared to be severable. This instrument cannot be waived, chanllted, dischal'l{ed or terminated orally. but only by an inf'trument in writinR' si""cd hy the party aRainl!!lt whom enforcement of any woiver, change, dlochol'lle or lennination Is ooullhL 15. RECONVEYANCE BY TRUSTEE. Upon written requ...t of Beneficiary statingthatall sums secured hereby hove _ been paid, and upon surrender of this Deed of Trust and the Note to Trus.... for cancellstion and retention and upon pay' 'I"ent by Trustor of Trustee's fees, Trustee shall reconvey ro Trustor, or the person orpenlons legally entitled thereto, without warranty, any portion of the Trust Estate then held lIereunder. The recitals in such reconveyance of any mntt.ero or facts shall be concll1l!ive proof of the truthfulne.. thereof. The llI'antee in any reconveyance may be described os "the penlOn or persons Iel{ally entitled therero". J6. NOTICES. Whenever Beneficiary, Tn.stor or Trustee sholl desire to lltive or serve any notice, demand, requ...t or other communication with respect to this Deed of Trust, each such notice. demand, request or other communication shell be in "lriting and shall be effective only if the same is delivered by penlOnal service or moiled by certified moil, postollte prepaid. return receipt requested, addre..ed to the add.... set forth atthe belltinninllt of this Deed of Trust. Any party may atthis time change itA addreRR for Ruch notices by deliverinR' or mnilinJ( to the other parties hereto, 88 aforesaid. a notice ofBuch chanR'c. 17. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and aclmow. JodI/ed, is made 0 public record ns provided by low. IN WITNESS WHEREOF, Trusror has executed this need nf TruRt os of the day and year first above written. TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and A.know- ledlot('(l. iM mnde n Iluhlic n"(~()rd nH prnvicll.d hy Inw. IN WITNE!'lS WHRREOF. Tnls~" hos eXN'uted thi. Deed of Trust os lIf lhe day and year first above written. !:;// \ ^) --"';/.1"1 "/ .-} ,~lt", I'l '/' JeffreY 1.. I~nner _~-----.2:'.,- c"~ \ ~__ LL _ Lx) .L' "I. ~ _ _ SUHan H. BOlllll'r (over)