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86-- 107306
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default occur Beneficiary
<br />may declare all indebtness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />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 a court
<br />and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any part thereof, in
<br />its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to 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 on 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 ofoperstion an3 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 />W 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 the power of sale:
<br />(ii) Commence an action to foreclose this Deed of Trust 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 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 Trustee may require,
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor
<br />such Notice of Default and Notice of Sale as then required by law 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 of such Notice of Default and after Noticeof
<br />Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by itin 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 for cash in lawful money of the United States payable at the time of sale. Trustee
<br />shall deliver to such purchaser or purchasers thereof its good and sufficient deed of deeds conveying the propertyso sold, 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 truthfulnessthemof. 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 he permitted by law, after deducting all costs. fees and expenses oflrustee and ofthis Trust, including costs
<br />of evidence of title in connection with sale. Trustee shall apply the proceeds of sale to payment of(i) all sumsexpended under
<br />the terms hereof. not then repaid, with accured interest at _— percent t__`rn) per annum, (it) all other sums then secured
<br />hereby, and (iii) the remainder, if any. to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust Estate.
<br />12 REMEDIES M)T F,XCLUSIVF.. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br />and performance of any indebtedness or ohligations secured hereby and to exercise all rights and powers under this Deed of
<br />Trust or under any I.curn Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all
<br />of the such indehtedne%% and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage,
<br />deed of trust, pledge. lien. assignment or otherwise. Neither the acceptance ofthis Deed ofTrust nor its enforcement whether
<br />by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary,
<br />it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to 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 Beneficiary is intended to be
<br />exclusive of any other remedy herein or by law provided or permitted, but each shall be 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 to Trustee or Beneficiary or to which either ofthem may be otherwise entitled. may be
<br />exercise d. crmcurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Bene-
<br />ficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary
<br />from seeking a deficiency judgment against the Trustor to the extent such action is permittd by law.
<br />REQUFST FOR NOTICE Trustor hereby requests a copy ofany notice ofdefault and that any noticeofsaie hereunder
<br />be mailed to it at the address set forth in the first paragraph of this Deed of Trust.
<br />14. GOVERN iNG I. AiM. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that
<br />any provision or clause of any of the T.exrn Instruments conflicts with applicable laws, such conflicts shall not affect other
<br />provisions of such loan Instruments which can he given effect without the conflicting provision, and to this end the pro-
<br />visions of the I oan Instruments are declared to he severable. This instrument cannot he waived, changed, discharged or
<br />terminated orally. but only by an instrument in writing signed by the party against whom enforcement of any waiver,
<br />change, discharge or termination is sought.
<br />17. RECONVF;1':VtiC'F ;}3}"fR('tii'F ;E U pon wnt ten request of Beneficiary stating that all sums secured hereby have
<br />been paid. and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon pay-
<br />ment by Trustor of Trustees fees. Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without
<br />warranty, any iv)rtion of the Trust Fstate then held hereunder. The recitals in such reconveyance of any matters or facts
<br />shall be conclusive proof of the truthfuiness thereof. The grantee in any recemveyance may be described as "the person or
<br />persons legally entitled thereto
<br />16. NOTICES. Whenever Reneficiar•. 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 be effective only if the same is delivered fly personal service or mailed by certified mail, postage prepaid,
<br />return receipt requested, addressed to the nddre +s set forth at the beginning ofthis Herd of Trust. Anv party mad• at this time
<br />change its address for such notices by delivering or mailing ur the other parties hereto, as aforesaid, a notice of such change.
<br />t? ACC'EPT'ANCE BY TR1tSTEE Truster accepts this Trust when this Decd of Trust, duly executed and acknow-
<br />ledged. is made a public rn,,xd as provided by law
<br />IN WITNESS WHF:RF.t)F. I'nrst„r has executed this Deed of Trust its of the day and %ear first atxwe written
<br />'T'MISTF;E Trustee accepts thin Trust when this Deed of Trusi. duly executed and acknnw
<br />ledged, is made a pubic ncord as provided b% law
<br />IN WiT'NliaS WIIEREOF. Truslix has vxe<utevl this Devk.f Dust goof she di3y•it ti�c�lust aUeyc wntten
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