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F 97- 104213 9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder: (a) Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest or any other sum secured hereby when due; or (b) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Latin Instruments. IA. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default occur Beneficiary may declare all indebtness secured hereby to he due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may; (i) }either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, 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, increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust E state, sue for or otherwise collect the rents, issues and profits thetid; including those past due and unpaid, and apply the same, less costa and expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the 7'rust Estate, the collection of such rents; issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; (ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (iii) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trtutor's interest in the Trust Estate to be sold, which notice Trustee shall cause to he 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 foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed ofTrust and the Note and such receipts and evidence of expenditures made 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 as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by itin such Notice of Sale, either as a whose, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may deter- mine, at public auction to the highest bider forcash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed of deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of anv matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor,Trustee and Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. (b) As may be permitted by law, after deducting Trustee Fees in the amount of 5 a , Trustee shall apply the proceeds of the We in the following order. (a) to all reasonable acts and expenses of the sale, including, but not limited to, trustee fees of not more than 1/2 of 1% of the gross sales price, reasonable attorney's fees and acts of title evidence; (b) to all sums secured by this Deed of Trust; (c) to the payment of junior Trust Deeds, mortgages or other lien holders; and (d) the balance, if any, to the person or persons Dally entitled thereto. (c) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust Estate. 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary. and each of them, shall be entitled to enforce payment and performance ofany indebtedness or obligations secured hereby 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 in force, notwithstanding some or all of the each indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, hen, assignment or otherwise. !neither the acceptanceof this Deed ofTrust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such 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 be in addition to every other remedy given hereunder or now or hereafter existing at law twin equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, maybe exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Bene- ficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permittd by law. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the pro- visions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed :y the party against whom enforcement of any waiver, change, discharge or termination is sought. 15. RECONVEYANCEBYTRUSTEE. Upon written request oflieneficiarystating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon pay- ment by Trustor of Trustees fees, Trustee shall rearnvey to Trustor. or the person or persons legally entitled thereto, without warranty, any portion of the'Irust Estate then held hereunder. The recitals in such rev onveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any rexonveyance may be described as "the person or persons legally entitled thereto ". 16. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed ofTrust, each such notice, demand, request or other communication shall he in writing and shall be effective only if the same is delivered by personal servic-c or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed ofTrust. Any party may at this time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 17. ACCEPTANCE BY TRUSTEE. Trustee accepts this -Trust when this Deed of-Trust, duly executed and acknow- larlged, is made a public encored as provided by law. IN WITNESS WHERFOK Trustor has executed this Deed ofTrust as of the don and Year first alHrve written TRl?STEE. Trustee accepts this 'Trust when this Deed of Trust, duly executed and ackmow ledged. is made a public reword as provided) Iry low. IN WITNESS WI{EREarI','Truslnr has executed this 111, of Tnuef? as of the day umf Ye:o first aho%v wimun. -,, Leo Jacobsen ✓'r >•�K ., - Leona Jacobson P