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<br />08.06.2008
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<br />200807161
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<br />File No. 16-471
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<br />(j) at any time any representation, warranty or statement made by Trustor in
<br />any Loan Document, certificate or financial statement delivered by Trustor shall be
<br />incorrect or misleading in any material respect; or any material misrepresentation shall at
<br />any time be made to Beneficiary by Trustor;
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<br />(k) if any of the events in (d), (e) or (f) shall occur with respect to the
<br />Guarantor of the Promissory Note.
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<br />Section 5.02. Judicial Foreclosure or Trustee's Sale on Default.
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<br />(a) Upon the occurrence of one or more Events of Default or default by
<br />Trustor in the performance of any other agreement hereunder, or under any instrument
<br />or agreement secured hereby, Beneficiary may declare all sums secured hereby
<br />immediately due and payable and, at the option of the Beneficiary, this Deed of Trust
<br />may be foreclosed in the manner provided by law for the foreclosure of mortgages on
<br />real property; or Mortgaged Property may be sold in the manner provided in the
<br />Nebraska Trust Deeds Act under the power of sale conferred upon the Trustee
<br />hereunder.
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<br />(b) In the event that the Mortgaged Property is sold pursuant to the power of
<br />sale conferred upon the Trustee hereunder, the Trustee shall cause to be filed of record
<br />a written notice of default and election to sell the Mortgaged Property. After the lapse of
<br />such time as then may be required by law following recordation of such notice of default,
<br />and notice of sale having been given as then required by law, Trustee, without demand
<br />on Trustor, shall sell the Mortgaged Property, either as a whole or in separate parcels,
<br />and in such order as it or Beneficiary may determine at public auction to the highest
<br />bidder. Trustee may postpone the sale of all or any portion of the Mortgaged Property
<br />by pUblic announcement at the time and place of sale, and from time to time thereafter
<br />may postpone the sale by public announcement at the time and place fixed by the
<br />preceding postponement. Trustee shall deliver to such purchaser its deed conveying the
<br />property so sold, but without any covenant or warranty, express or implied. The recital in
<br />such deed of any matters of fact or otherwise shall be conclusive proof of the
<br />truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may
<br />purchase at such sale. The Trustee shall apply the proceeds of the Trustee's sale, first,
<br />to the costs and expenses of exercising the power of sale and of the sale, including the
<br />payment of Trustee's fees actually incurred, not to exceed five percent of the principal
<br />balance unpaid at the time of recording the notice of default, second, to the payment of
<br />the obligation secured by this trust deed, third, to the payment of junior trust deeds,
<br />mortgages or other liens, and the balance, if any, to the person or persons legally
<br />entitled thereto.
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<br />(c) In the event that the Promissory Note secured hereby does not expressly
<br />permit prepayment at any time, then upon the occurrence of any Event of Default under
<br />this Deed of Trust or any note secured hereby and following any acceleration of maturity
<br />of the indebtedness secured hereby, a tender of payment of the amount necessary to
<br />satisfy the entire indebtedness secured hereby, made at any time prior or subsequent to
<br />a foreclosure sale, whether under the power of sale contained herein or pursuant to
<br />judicial foreclosure proceedings, shall constitute an evasion of the payment terms of the
<br />indebtedness secured hereby and shall be deemed a voluntary prepayment of the
<br />indebtedness; and any such payment, to the extent permitted by law, must, therefore,
<br />include a charge required under the prepayment privilege, if any, contained in the
<br />Promissory Note secured hereby; or, if at that time there shall be no privilege of
<br />prepayment, then such payment, to the extent permitted by law, will include a charge
<br />equal in amount to the greatest prepayment charge provided in the Promissory Note for
<br />prepayment at any other permitted prepayment period. If no prepayment is permitted in
<br />the Promissory Note, then the charge hereunder shall be five percent (5%) of the
<br />outstanding principal balance at the time such payment occurs.
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<br />(d) Trustor agrees, for itself and any and all persons or concerns claiming by,
<br />through or under Trustor, that if it, or anyone or more of them, shall hold possession of
<br />the above described property, or any part thereof, subsequent to foreclosure hereunder,
<br />it, or the parties so holding possession, shall become, and be considered as, tenants at
<br />will of the purchaser or purchasers at such foreclosure sale; and any such tenant failing
<br />or refusing to surrender possession upon demand shall be guilty of forcible detainer and
<br />shall be liable to such purchaser or purchasers for reasonable rental of the Real Estate,
<br />and shall be subject to eviction and removal, forcible or otherwise, with or without
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<br />Deed of Trust, Security Agreement and Assignment of Rents, Page 16
<br />#553480-v1
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