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<br />9. EVENTS' OF I)EFAIILT. Any of the following events shall be deemed an event of default hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest orany
<br />other sum secured hereby when due•: or
<br />(b) There has occurre•l it breach of or default under any term, covenant agreement, condition, provision, representation
<br />or warranty contained in any of the Loan Instruments.
<br />10. ACCELERATION UPON DEFAUL'1, ADi)iTiONAI. REMEDIES. Should an event of default occur Beneficiary
<br />(� may declare all indehtness secured hereby to he due and payable and the same shall thereupon become clue and payable
<br />t without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may:
<br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by acourt
<br />and without regard to the ade quacy of its security, enter upon and take possession oftheTrust Estate, or any partthereof, in
<br />its own name or in the name of Trustee, and do any acts which it deems necessary, • ordesirableto preserve the value, market -
<br />ability or rentability of the Trust Estate. or part thereof or interest therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and
<br />profits thereof, including those past due and unpaid, and apply the same, less costs and expenses ofoperation and collection
<br />including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The
<br />entering upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any actdone in response
<br />to such default or pursuant to such notice ofdefault and, notwithstanding the continuance in possession of the Trust Estate
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every
<br />right provided for in any of the Loan Instruments or by law upon occurrence of any event of defau'., including the right to
<br />exercise the power of sale;
<br />(ii) Commence an action to foreclose this Deed of'Irust as a mortgage, appoint a receiver, or specifically enforce any of
<br />the covenants hereof:
<br />(iii) Deliver to Trustee a written declaration ofdefault and demand for sale, and a written notice of default and election
<br />to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate Official Records of the County in which the Trust Estate is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale
<br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such
<br />receipts and evidence of expenditures made and secured hereby as "I l-ustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to he recorded, published and delivered to Trustor
<br />such Notice of Default and Notice of Sale as then required bylaw and by this Deed of Trust. 'Trustee shall, without demand
<br />on Trustor, after such time as may then be required by' law and after recordation ofsuch Notice of Default and after Notice of
<br />Sale having been given as req ui red by law, sell the Trust Estate at the time and place of sa le fixed by it in such Notice of Sale,
<br />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-
<br />mine, at public auction to the highest bidder forcitsh in lawful money ofthe United States payable at the time ofsale. Trustee
<br />shall deliverto such purchaser or purchasers thereof its goad and sufficient deed of deeds con veyingthe pmpertysosold, but
<br />without any covenant or warranty. express or implied. The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including, without limitation. Trustor, Trustee and Beneficiary, may purchase
<br />at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting 'Trustee Fees in the amount of $500.0 0 , Trustee shall apply the
<br />proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited to,
<br />trustee fees of not more than 1/2 of IT, of the gross sales price, reasonabie attorney's fees and costs of title evidence; (b) to all
<br />sums secured by this Deed of Trust; (c) to the payment of junior Trust Deeds, mortgages or other lien holders; and (d) the
<br />balance, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by late, postpone sale of all or any portion of the "Trust Estate.
<br />12. REMEDIES NOT EXCIATSi VFs. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br />and performance of any indebtedness ur ohligations secured hereby and to exercise all tights and powers under this Deed of
<br />Trust or under any Loan Instrument or other agreement or any lanes now or hereafter in form, notwithstanding some or all
<br />of the sash indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage,
<br />deed of trust, pledge, lien. assignment or otherwise. Neither t lie accept a ice oft his Deed ofTrust nor its enforcement whether
<br />by court action or pursuant to the power of sale nr other pxnyers herein contained, shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's right to realize upon or enfnrre any' other se ur ty now or hereafter held by Trustee or Beneficiary.
<br />it being agreed that Trustee and Bene•fic•iary, and each of them. shall tie entitled ft) enforce this Deed of Trust and any other
<br />security, now, or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their
<br />absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneticiary is intended to be
<br />exclusive of any other remelt• herein or by lic a provided or fterntitted. four each shall he cumulative and shall be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy
<br />given by any of the Loan Instruments t. Trustee• r.r Benefic)a ry ur to which either of them may be otherwiseentitled, may he
<br />exercised, concurrentl y or independently. front time. time and its often as may be deemed expedient by Trustee or Bene
<br />ficiary and either of them may pursue in—iisistent remcdie•s. Nothing herein shall he construed as prohibiting Beneficiary
<br />from seeking it deficiency Iudgnte•nt against the Trustor to the extent such action is pennittd by law.
<br />REQUEST FOR NOTICE.. Trustor hereby requests a cupyofany noticeofdefaul[ and that any notic•eofsale hereunder
<br />be mailed to it at the address sat forth in th(• first paragraph of this heed of Trust.
<br />14. GOVERNING 1�\W. This I) d d of Trust shall he gowernod by the laws of the titate ot'Nebraska. In the event that
<br />any provision or clause of any ..f the Loan instrunivnis -witlicts with applicable haws, such conflicts shall not affect other
<br />provisions of such foam instruments which ran be given effect without the conflicting provision, and to this end the pro-
<br />visions of the letan Instruments are declared t,. he sv%vrahlo, This instrument cannot he waived. changed, discharged Ill-
<br />terminated orally, but only by an instronent .n unUng signed by the party against w'hont enforcement of any waiver,
<br />change, discharge or termination is sought.
<br />13. RECONVEYANCEItS' "1'RL'SI'F.I•;. UpontwrittenreyuestofBeneliciarystatingthatallsurnsscxruredherebyhave
<br />been paid, and upon surrender nl'this Ih•ed of "Trust and the Note to "1'rustce tirr cancellation and retention and upon pay-
<br />ment by Trustor of Trustee's fees. "Trustee shrill rec.,nwey to "Il ustur. nr the person ur persons Iegalh• entitled thereto, without
<br />warranty. any portion of the Trust Estate then held hereunder The mcitals in such reconveyanc•e of any matters or facts
<br />shall be conclusive prortf of the tru th fit Mess thereof. "i'he gtante • in any recon weyance ma} he described as "the person nr
<br />persons legally entitled thereto ".
<br />16. NOTICES. Whenever Benefiriary. Trustor or Trustee shall desire to give or serve any notice, demand, request or
<br />other communication with respect to this Deed of Trust each such notice. demand, request or other communication shall he
<br />in writing and shall rte effiectke only if the same is delivered by personal service or mailed bycertified mail. postage prepaid,
<br />return receipt re quested. addressed to, thcaddresssel forth at the beginning ofthis Deed ofTrust. Any partymayatthistinte
<br />change its address for such notices by delivering or smiling t*, I he other parties hereto, as aforesaid. a notice of suchchange.
<br />17. ACC EVI'ANCE B`r' TM *S I FV. Trustee o cepts [his Trust when this I;eed of Trust, duly cu•cuted and acknow-
<br />ledged, is made n public rer,.rd — prodded I.y loo
<br />iN WiTNEsS Wlil-AlEn 0- 1 n' has exc•e'uted th.. I )eed d'll ust ❑, ,d the daN ."),I —au ?lost ahow,� wrntn•ri.
<br />pws'rEF.. Trust, nr„•pt, this Tlusi whrn ih.s lie"-d d '1'r -1, dud, etc, zo,-d and nckn...t
<br />ledged. is made a puNi, r-rd :.- pr, r: uled br 1 ;1nw
<br />INW1TNV.,SAC111.1flO+ I'ru'lol ha, rx..- uI'dthe.Itoed„t hu'l:as.,fthy.l ; t }.endva.
<br />Jay ft. Frc.rtch,_Jr.. I .
<br />J1J311 A. Port .1110
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