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<br />DEFAULT. . Ant : rt t' ik,wau_4 events cut li i , teemed an vcvnl i d i;tu;t hc•reuniie r:
<br />tai ruz+iar shall govt. 7atkrcE w crake Irv. ,nrrsr of s,ny instatlmtnL sif tnere�s:. p. ire ier :..ir pnni•ipal and mie n, or any
<br />other sum secured hereby when due: „r
<br />( h) There has ot, curreda breach edy r1. fault u rider anyterMCovenant,agrevr. nt. r•rmditirnpngistm,npreac•ntc��n
<br />or warranty contained in any of the Loan Instruments.
<br />10. ACC'ELER.ATION UPON DEFAULT. ADDITIONAL REMEDIES. should an event of default occur lieneficiar�y
<br />may declare alp indebtneas: secured herrehy Vi lee due rood payable and the Sam*- shall thereupon become due and payable
<br />without any pr+eaentment, demand, protest or notice of any kind. Thereafter Beneficiary tray:
<br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court
<br />and without retard to the adequacy of its security, enter ulwn and take possession of the Trust Estate. or any part thereof, in
<br />its own nacre or in the name ofTrustre, and do any acts which it deems necessary or desirable to prestervethevalue, 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 of operation 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 peresession 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 act done in response
<br />to such default or pursuant to such notice of default 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 default. 'including the right to
<br />exercise. rcise. the power of sale:
<br />(ii) Commence an action to foreclose this Deed ofTrust as a mortgage• appoint a receiver, or specifically enforce any of
<br />the covenants hereof;
<br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election
<br />to cause Trustor's interest in the Trust Estate to he sold. which notice Trusters 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 " Crustee thu Deed of Trust and the Note and such
<br />receipts and evidence of expenditures made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary. Trustee shall cause u, be 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 ]a wand after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by paw. sell the Trust Estate at the time and Place oi sale fixed by it in such Notice of Sale.
<br />either as a whole, or in separate lots or parcrels or items as Trustee shall deem expedient. and in such order as it may deter-
<br />mine. at public auction to the highest bidder for cash in lawful money of the United States payable at the timeofsale. Trustee
<br />shall deliver to such purrAiaser or purchasers therwif its g, «,d and sufficient deed of deeds conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recital; in such deed of any matters or facts shall lie conclusive
<br />proof of the truth futness there„:. Any person, including. without limitation, T rustor,Trustee. and Beneficiary, may purchase
<br />at such sale and Trustor hereby rovellants to warrant and defend the title (it such purchaser or purchasers.
<br />fb) As may be permitted by law• after deducting "14ustt e Fees in the amount of — Trustee shall apply the
<br />proceeds of the sale in the following order. far to all reasonable costs and expenses of the sale, including, but not limited to,
<br />trrtstee fees of not more than 1,'2 of t of the gross sales price. reasonable attorney's fees and costs of title evidence; ( b) to all
<br />sums secured by this Deed of Trust; to to the payment of junior Trust iieerds. mortgages or other lien holders; and (d) the
<br />balance, if any, to the person or persons legally entitled thereto.
<br />tc) Trustee may in tine rnur,ner provided jov }aw, postl>fine sale of all or any portion of t-he Trust Estate.
<br />12. REMEDIES NOT EXCIA'SIVE. Trustee and Beneficiary. and each (itthern. shall be entitled u) enforce payment
<br />and performance of any indebtedness or ,,bligations secured herehN and to exercise all rights and powers under this Deers of
<br />Trust or under any Loan Instrument or other etgrex•ment ,-r an} iaws now or hereafter in form, notwithstanding some or all
<br />of the sash indebtedness anci ohligations secured hereby may now or hereafter he otherwise secured. whether by mortgage.
<br />deed of trust, pledge. lien, assignment or otherwise. Neither the acreptanccof this Deed ofTrust nor its enforcement whether
<br />by court action or pursuant to the p mr%,,r of ..ale or other powers herein contained, ..hall prejudice or in any manner affect
<br />Trusters or Beneficiary's right to realize upon or enfurc•e ony other svcurit}' now or hereafter held by Trustee or Beneficiary,
<br />it being agreed that Trustee and Beneficiary. and each of them. shall he entii led to enforce this Ueed ufTrust and any (other
<br />security now or hereafter held try Bm,•ticiary oi-Trustee ire such order and manner as they or either of them may in their
<br />absolute discretion determine. No remedy herein omfien•ed ulxn: or reserzxl to Trustee or Beneficiary is intended to be
<br />exclusive of any other remedy herein err 1,v iaw provided or p ernritted, but earl: shall be cumulative and shall be in addition
<br />to every other remedy given hereunder or now rir hereafter existent; at law• or in equit,c or by statute. Every power or remedy
<br />given by any of the Loan Instruments to Trustee or henefiriar or r, which either of them may he otherwise entitled, may he
<br />exercised, concurrenth rir independents. from time to time and as often as may lie deemed expxedient by Trustee or Bents
<br />ficiary and either of thorn may pursue inmrisistent remedies. Nothing; herein shall ht, construed as prohibiting lie.neftciary
<br />from seeking a deficiency judgment ak+tinst the " Trusmr to the• extent such action i!4 permtt.td by law.
<br />REQUEST FOR NOTICE. Trustor hereby rwlue sts a copy ofany noticeofdefault and that any notice ofsale hereunder
<br />be mailed to it at the address set forth in the first paragraph of this Deed of-Trust.
<br />14. GOVERNING IAW. This Deed of "Crust snail he governed Icy the laws of the State,.f Ne hrtska. In the event. that
<br />any provision or clause of any of the lesan Instruments Conflicts with appiicabic laws, such conflicts sill"' not affect other
<br />provisions of such Loan Instruments which can be given effect without the conflicting provision., and to this end the pro-
<br />visions of the i..oan InstrurneMs are• deciared Loki- severable- Phis rnsu umenu cann,u Ix waived, changed, disc hargttSl ur
<br />terminated orally. but onl }• by an instrument in writing signed by the party against whom enf,rerenuent of any waiver,
<br />change, discharge or termination is ought
<br />15. RECONVEYANCE BS TRl'STI ?F, t•piw ,mitten r,KSutst r,f' heneficiar% stating that ail SIMISS t•w•eci hereby have
<br />been paid. and upon surrender of this Detd ol"Trust and the Note to Trustee• for cancellation and retention and upon pay-
<br />ment by Trustor of Trustee.; i e.,.'Trus", shall rvo nve} t,, T rustor, or the person or persons icgally entitled thereto, without
<br />Warranty, any portion of the Trusl Estate then held hereunder. The recital.., in such reronve�yatire o y f anmatters or facts
<br />shall be conclusive proof of the truthfulness: thereof: The grainer• in and reronyewanc2 roar I,t• described as '*the person or
<br />persons lt;;ally entitled there:,,.
<br />M NOTICES Whenever Beneficiary. Tnistor or Trustee shall desire to give nr serve any notice, clemturet request or
<br />other communication with respect to this l k•wl of °iti-ust- each such notice, demand, request or outer comnu :nrcation shall he
<br />in writing and 'slim]] be effertice cols if the ran., is rleliver,41 be lte•rsonal service or «railed he rert.ifieci mail, postage prepaid.
<br />return rwefpt reS)uesttKl, addre� .erf td, the nddrer s set forth nt ih,.!wgrnnirt4 ofthis I )eed ofTrtst Any pour r ivy at this tone
<br />change its addr"s for su,h n „tire, 6v dt li•.enng ur nuuhns t„ I jw „:her olwv :nd a Twnre nt su,•h change -
<br />ti A( FMANe I i;` TR iF} ustr ,n-,q,t.tht, Irur! +hf•n'h,slt, *•r +,,,f "I rest slum,xr•i;ned;ind:rshn".,
<br />Iodg+d_ is mace o puhhr , or, i or, vi N et a,r ki.
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<br />lad{mxl. iw to �.1 • , 1'us for rr;..a
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