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I A 9. A O l W LT. 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 n6ny ' - other sum secured hereby when due; or ( b)T herehoo occurred a breach ofordefoultunderanyterm, covenant, agreement, condition, provision, representation or warronty'contained in any of the Loan Instruments, 10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES, Should an event ofdefault occur Bonefidsry may declare all indebtriess secured hereby to be due and payable and the some shall thereupon became 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 prooeo ingg, or by a receiverappWrited by admit and without regard to the adequacy of its security, enter upon and take possession of the7WA Estate, or any pan thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or deeirableto preserve" 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 Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less amts and expansesofoperation and coll"don including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine, The entering upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and the application thereof as afomesaid, shall not cure or waive any default or notice of default hereunder orinvalidate any actdons In response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of theTrust 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 Trustee's interest in the Trust Estate to be sold, which notice Trustee shall cause to 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 foreclose 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 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 ofTrust. Trustee shall, without demand on Truster, 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 whole, 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 bidder forcash in lawful money ofthe United States payable atthe time ofsale. 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 any matters or facts shall be conclusive proofof the truthfulness thereof. Any person, including, without limitation, Truster, 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 iiK1bw =mtwfxxxxxxxxxx Trustee shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited to, trustee few of not more than 1/2 of 1% of the gross sales price, reasonable attorney's few and costa 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 pawn or persona legally 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 of any indebtedness or obligations secured hereby and to exercise all rights and powers underthis Deedof Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed ofT rust nor its enforcementwhether 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 or inequity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them maybe 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 ofa ny notice ofdefault and that any notice ofsaie 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 by the party against whom enforcement of any waiver, change, discharge or termination is sought. 16. RECONVF.YANCEBYTRUSTF.F,. Upon written ren: est. of Beneficiary stating thatall 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 Truster of Trustee's fees, Trustee shall reccmvey to Truster, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto ". 16. NOTICES, Whenever Beneficiary, Truster or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this feed of Trust. Any party may at this time change its address for such notices by delivering or mailing to the other parties hereto. us aforesaid, a notice ofauch change. 19. ACCEPTANCE BY TRunrF. 'Trustee nec•epts this'irust when this Deed of Trusi, duly executed and acknow- ledged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written, TRUSTEE. Trustee accepts this Trust when this Deed of 'Trust, duly executed and ocknow- legged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustor hum executed this Deed of Trust as of the day and year first aboveyoritten. R