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86- 107300 10. ACCELERATION UPON DEFAULT ADDITIONAL. REMEDIES. Should an event of default occur Beneficiary may declare all indebtness 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 d'Tr aMee, and do any acts which it deems necessary or desirable to preserve the 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, is Sues and profits thereof, including those past due and unpaid and apply the sane, lees costa 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 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 n otid 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 sae. (ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoi nt 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 Ttustor'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, Bereficiary shall notify Trustee and shall deposit with Trustee thin 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 of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Noticeof Sale having been given as required by law, sell the Trust Estate at the time and place of sae fixed by itin such Noticeof Sale, either as a whole, or in separate tots 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 of the United States payable atthe timeof sale. 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 proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee and Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. (bi As may he permitted by law, after deducting all costa, fees and expenses of Trustee and of this Trust, including costs of eviden a 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 accured interest at — percent t__') per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any to the person or persons 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 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 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 of Trust 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 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 on such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Truster 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 even• 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 I oan 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 Rencfician• from seeping a deficiency judgment against the Trustor to the extent such action is permittd by law. REQUEST FOR NOTICE. Trustor hereby requests a copy of anv notice of default and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust_ 14. GOVERN I NG DA W. This Deed of Trust shall he governed by the laws of the State of Nebraska. In the event that any provision or clause of any of the Loon instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loari 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 orallv, but only by an instrument in writing signed by the party against whom enforcement of any v. giver, change, discharge or termination is sought. 15 RECONVEF:4'vCE BY "fRUSCEE. U1x n written request of Beneficiary stating that all sums secured herebv have been paid, and upon surrender of this Deed vt T'rust and the Note to Trustee for cancellatrcn and retention and upon pay- ment bi; rustor of Trustee's fees, Trustee shall reninvey to Trustor, or the person or persons legally entitled thereto, without warranty, any pension of the Trust Fstate then held hereunder. The recitals in such recomveyance of any matters or facto shall he conclusive proof of the truthfulness thereof. The grantee in any remriveyamce may be described as "the person or persons legally entitled thereto" - 16. NOTICES. Whenever Beneficiar•. T'rustnr or Trustee shall desire to give or serve any notice. demand, request or other communication with respect to this Ikeei of Trust, each such notice, demand• request or other communication shalt he in writing and shall Fee 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 Deed of Trusl_ Any party may at this time change its address for such notices by delivering ,rr mailing to the other parties hereto, as aforesaid, a notice of such change. IT ACCEPT'ANC'E, BY TRUSTEE.. Trustee accepts this Trust When this Deed of Trust, duly executtyl and acknow ledged, is made it public record as provided by law IN WITNrss wtiF,REOF.'1'rum--, has exwuted this Deed of Trust as of the day and veer first abiwe written TRUSTEE 'frusive accepts this Trust when this Deed of Trust., duly executed and ackaow iedgeri, is made lei public reeexd as pro idmi by law. N WITNESS WHEREO , Trustm has t,%--Wed tht,- Devil of T'/nsf ipT4,the day' .ual year fiisr alwiet, wi Mein -- �. p� r-- a... aw�..rtarr; -,;ire i q,�U TranSDCt'Ldtlrn, '-re. Av „hPr' ltihe_r?. _ fi 'Q Cu t. ox f a1Y :f TNGL7 ry 7`513 ie 2V .)s' :oak zi.Sr� , 3is: , r . "K'r �� fF!g$}'Yij '� J n4 Tb., - -•' , r ��.i ^�� 1C fi'L4�3ti �t ��' -� Tr,. � '.t e• P.* , a 'z7ta,