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200709654 as Beneficiary may determine. The entering upon and taking possession oithe ttust estate, the collection of such rents, Issues and profits and application thereof as aforesaid shall not cure or waive auy default or notice of default hereunder or invalidate any act and in response to such default or pursuant to such notice of default and, notwithstandiDg the oontinuance in possession of the property or the collection, receipt and application of rents, issuea or profits, Trnstee or Beneficiary may be entitled to exercise every right provided for in any of the 101m. Instruments or by law upon occummce of any Ilvent of default, including the right to exercise the power of 1ltIle; (b) commtmce an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifioally enforce any of the covenants hereofj (c) deliver to Trustee a written declaration of default and demand for sale, and a written notice of dafault and election to cause Trustors' interest in the property to be sold, which notice Trustee shall cause to be duly filed for record in the officw records of the county in which the property is located. 12. Foreclosure bv P9wer of Salo. Should Beneficiary elect foreclosure by e1l:ercise of the power of sale herein cootained, Beneficiary shall notify Trustee llnd shall deposit with Trustee this Deed of Trust and the note and such receipts and evidenoe of expenditures made and secured hereby as Trustee m~ require, and upon request of tile Beneficiary, the Trustee shall file for record, in the Register ofDeeds Offu:e of Ball County, Nebraska, a notice of default, setting forth the name of the Tmstor, the Book and Page or DooumentNo. of this Deed of Trust as recorded in said Register of Deeds office, the legal descriptioo of the above-described real estate and that a breach of an obligation, for which said real estate was conveyed as security, has occurred, and setting forth the nature of such breach and the Trustee's election to sell the real estate to satisfy the ,obligation; and after the lapse of not less than one (I) month, the Trustee shall give written notice of the time and place of sale which may be between 9:00 a.lll. and 5:00 p.m. at the premises, or at the Courthouse in the County wherein such property is located, describing the property to be sold by its legal description, said notice to be published in a newspaper of general circulation in the County wherein such property is located, once a week for five (5) consecutive weeks., the last publication to be at least ten (10) days, but not more than thirty (30) days prior to the sale; IUld the Trustee shall then sell said property at tho time and place designated in the notice, in the manner provided by law in effcct at the time of filing said notice, at public auction to the highest bidder for cash and shall deliver to such purchaser a deed to the property sold, consistent with the law in effect at the time. Upon rClCllipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's Deed conveying the property sold. Recitals in the Trustee's deed shall be prima facia evidence of the truth of the statements made therein. Trostee shall apply the prooeeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, reasonable attoluey fees and costs of title evidenoe; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, including Beneficiary, may purchase said property at said sale. The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be givon by public declaration thercofby such person at the time and place last appointed for the sale; provided, If the sale is postponed for longer than one (1) day beyond the date designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. 13. Remedies NotExclusille. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performallCEI of any indebtedness or Obligation secured hercby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtednesll and obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgago, deed of trust, pledge, lien, assignment or o1horwise. Noither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pUl'lluant to the power of saw or other powers herein contained, shall prejudice or in any manner affect Trustee's or BeneficlaJ:y's rightto realize upon or enforce any other seourity now or hereafter held by'J'rw;tee or Beneficiary, it being agreed that TrUlltee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Benefioiary or Trustee in sucb order and manner as they, or either of them, may in their absolute discretion determine. No remedy herein conferred 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 and shall bc in additioo 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 ofibe loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, coucurrently or independently, from time to time, and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be oonstrued as prohibiting Beneficiary froUl seeking a deficiency judgment agalnst Trustor to the extent such action is permitted by law: Page 3 of 5