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SEILER & PARKER
<br />P.C., L.L.O.
<br />LAW OFFICES
<br />726 EAST SIDE BLVD,
<br />P.O. BOX 1288
<br />HASTINGS, NE 68902
<br />(402) 463 -3125
<br />200501538
<br />be due and payable and the same shall thereupon become due and payable withou,
<br />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 of
<br />proceeding, or by a receiver appointed by a court and without regard to the adequacy
<br />of its security, enter upon and take possession of the Trust Estate, or any part thereof,
<br />in its own name or in the name of Trustee, and do any acts which it deems necessary
<br />or desirable to preserve the value, marketability or rentability of the Trust Estate, of
<br />part thereof or interest therein, increase the income therefrom or protect the security
<br />thereof and, with or without taking possession of the Trust Estate, sue for or otherwise
<br />collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection, including
<br />attorneys' fees to the extent allowed by law, upon any indebtedness secured hereby,
<br />all in such order as Beneficiary may determine. The entering upon and taking
<br />possession of the Trust Estate, the collection of such rents, issues and profits and the
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default
<br />hereunder or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the Trust
<br />Estate or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall be entitled to exercise every right provided for in any of the Loan
<br />Instruments or by law upon occurrence of an 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
<br />a receiver, or specifically enforce any of the covenants hereof;
<br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and
<br />a written notice of default and election to cause Trustor's interest in the Trust Estate to
<br />be sold, which notice Trustee shall cause to be duly filed for record in the appropriate
<br />Official Records of the County in which the Trust Estate is located.
<br />13. FORECI QSURE BY POWER OF SAI E. Should Beneficiary elect to
<br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify
<br />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
<br />require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default as then required
<br />by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such
<br />time as may then be required by law and after recordation of such Notice of Default
<br />and after Notice of Sale having been given as required by law, sell the Trust Estate at
<br />the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order
<br />as it may determine, at public auction to the highest bidder for cash in lawful money of
<br />the United States payable at the time of sale. Trustee shall deliver to such purchaser
<br />or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such
<br />deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at
<br />such sale and Trustor hereby covenants to warrant and defend the title of such
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