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L 86-- 106317 Page 3 (d) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or similar process of judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its entry or levy; or (e) There has occurred a breach of or default under any term overant, agreement, condition, provision, representation or warranty contained in any of the Loan Instruments. 12. Acceleration Upon Defaah, Additional Remedies. In the event of any event of default Beneficiary may declare all indebted- ness secured hereby to be 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, marketability 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 costs and expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary map determine. Delivery of written notice of Beneficiary's exercise of the rights granted herein to any tenant occupying said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until further notice. The entering upon and taking possession of the Trust 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 .ale, and a written notice of default and election to cause Trustoe's interest in the crust Estate to he sold, which notice Trustee shall cause to he duly fled for record fit the Official Records of the County in which the Trust Estate is located. 13. 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 recipt of wch notice from Beneficiary, Trustee shall cause to be recorded published and delivered to Trustor such Notice of Default and Election to Sell as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse or 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 tine Trust Estate at the time and place of safe 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 determine, at public auction to the highest bidder for cash in la%%ful 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 or deeds conveying the property so sold, but without any cosenant or warranty, express or implied. The recitals in such deed of any matters or fact hall he conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor. Trustee or Beneficiary, may purchase at uch sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. (b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale. Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at _ e1 eVen __ percent (__ _oro) per annum: all other sums then secured hereby and the remainder, if an%, to the person or persons legally entitled thereto. (c) Trustee may postpone sale of all or any portion of the Trust Estate by public announcement at such time and place of sale. and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement or subse- quently noticed sale, and without further notice, except such as may be required by statute, make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. 14. Appointment of Receiver. If an event of default described in Paragraph 1 I of this Deed of Trust shall h3se occurred and be continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the then value of the Trust Estate or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Trust Estate, and Trustor hereby irrevocably consents to such appointment and waives notice of airy application therefor. 15. 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 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 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 Ihts Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice nr in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Ti -twee m 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 laa provided or permitted, but each shall be cumulative and shalt be in addition to every either remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by an of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised. concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from scekine a deficiency judgment against the Trusmt to the extent such action is permitted by law. 16. Request for %olice. Trustor hereby requests a copy of any notice of default and that any notice of sale hereundef be nunlCkl to it at the address set forth u, the first paragraph of this Deed of rrust. 17 Governing, t.aw. This Deed r, Trust shall be coserned hs the laws of the State nt Nehfaska In the dent tttel .m, provision or clause of any of the l oat Instruments conflicts with applicable la s. such soullict, shall not affect other ,I —,!r I ,dn Instruments which can he gixcn effect wrhout the confiding provision, and to this end the lit ostsiofts of the I oat Imt, urn.. n!,. ,ur d', i.n rd K severable. This mxtTUfnenl cannot he waived, changed, thwharged or tort unated oral}, but onh by an !n.l i unun! ,n ,,; rant• --,d d hs :h, against whom enforcement of am. waiver. Chaffee, diseh;uge or teffluntnon is sought I