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t . 105954 fl. FVENTs OF Di ?FAUp;T, Any mf the following event; shalll he deomod nn event mfdef- lilt hereunder; pal 'Trustor shall have failed to make paynivianf a ny installment of interest, principal, )r principasi and interest or any other sum secured hereby when due; tor (h) There has occurred a breach of m- default under any I agreement, condition, provision, mpnosontation or warranty contained in any of the Han histniments. 10. ACCELERATION LIPONKFAI) "It csrcur lieficiary may declare all indebtnoss secured hereby to be due and payable and the same shall thereupon Isnorne due and payable without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may: (f) Either in person or by agent, with or without bringing any action nr proceeding, or by it receiver appnintefl by a court and without regard to the adequacy of its security, enter upon and take possession of theTrust F etate, or any part thetroolf, 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 Toast Estate, or part thereclf or interest therein, increase the income therefrom or protect the security lioroo f and, with or without taking possession of the Trust %state, sue for or otherwisccollectthe rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expensesof 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 )mist 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 net done in response to such defaulter pursuant to such notice- of default and, notwithstanding the continuance in possession of theTrust )♦state 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 defa,dt, 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 Trustor's interest in the Trust Estate to he 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 tcl 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 is 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 bylaw 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 ofsuch 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 it in 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 for cash in lawful money ofthe Ignited States payable at the time ofsale. Trustee shall deliver to such purchaser or purchasers thereof its goad and sufficient deed ofdeeds conveying the property sorsold, 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 Truster hereby covenants to warrant and defend the title of such purchaser or purchasers. (b) As may be permitted by law, after deducting Trustee gees in the amount of _ 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 fees of not more than 1/2 of UK, of the gross sales price, reasonable attorney's fees and costs 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 legally entitled thereto. (c) Trustee may in the manner provided by Inw, postpone sale mf all or any portion of the Trust Estate, 12. REMEDIES NOT EXCLt tit VF.. Trustee and Beneficiary, and each of them, shall he entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and ixrwers under this Deed of Trust or under any Loan Instrument or other agreement or any Laws now or hereafter in fora,, notwithstanding some or all of the Bach indebtedness and obligations secured hereby may now or hereafter he otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptanceofthis Deel-1 of'1'rust 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 rrr hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiat;v. and each of them, shall be entitled ur 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 in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or tic which either of them may be otherwise entitled, maybe exercised, concurrently nr independently, from time to time and is often its 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. REQUESTFORNOTICE. Trusto Therebyrequestsit copy ofany notice ofdefauItaadthatanynwiceof sale hereunder he 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 he governed by the laws of the State of Nebraska. In the event that any provision or clasuse of any of the Loan instruments conflicts with applicable laws. such conflicts shall not affect other provisions of such )clam 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 mnly by an instrument in writing sijmed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 15. RF.CONVF.YA.N('E IiY TRI7S•1'EE. ('Ion written ruqurst of Beneficiary stating; that aII sums sa•ured hereby have been paid, and upon surrender ,-t this heed of Trust and the Note to Trustee for cancellation and retention and upon pay- ment by Trustor ofTrustee's feces. T'ruswe shall reomvcy to'I'rustor, or the person or pi-rsons 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 prcof of the truthfulness thereof. The grantee in any rec•onveyance may he described as "the person or persons legally entitled thereto ". e 15. NOTICES. Whenever Beneficiary, Trustor 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 oddre:ss set fort h at the beginning of this I heed of'I'rust. Any party rosy alt t his time ehangeits address for such notices by delivering ill- mailing co the ether parties hereto, as aforesaid, a notice ofsuch change. f 17. ACCEPTANCE BY TRI'STEE. "Trustee accepts this Trust when this D(4"I 0l 'll list, duly executed and acknow 1. ledged, is made a puhlir re,,ml ns prodded h,v Inw IN WITNESS WIIEHEOI'. 'ouster Ito > - cxiclif-1 Ihi.< 14•cd of "trust ;1n .4 thr d.,% and %e:u first nhn%r wruten. TRt %STEh:. Trar+ter nrr,lit- this 'I'rr -t coca Ihrs Iree,l „t Trasr. ,till% executed and orknow ledg#A. is made• a public record ;is pn,vtded by law IN W'IP'E ti Will.;l;f'Ialp trust mr Ico- rxr. toed Ihe• herd ..f 'h ur.i nr. ,(th, di r, ,nul %eat firs mhmr,crtlten t l CO�Lt� S- N,N, 1 . ,11 fNNF L. , Oi�`N