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201005364 (2) When the Trustee sells pursuant to the powers herein, the Trustee shall apply the proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of the sale, including the payment of Trustee's fees actually incurred, which Trustee's fee shall not in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid. 5 percent on the first $1,000,000 thereof, 3 percent on the balance thereof; and then to the items in subparagraph (3) in the order therein stated. (3) After paying the items specified in subparagraph (2) if the sale is by Trustee, or the proper court and other casts of foreclosure and sale if the sale shall be by court order, any remaining balance shall. be applied. in the order stated to the payment of: (a) Costs of any evidence of title procured in connection with such sale and of any tax on the conveyance. (b) All sums then secured by this trust deed. (c) The remainder, if any, to the person or persons legally entitled thereto. (4) At any time within three months after a sale of property under this Trust Deed, as hereinabove provided, an action may be commenced to recover any balance due on the obligation as provided in Section 76-1013 of the Nebraska statutes. D. OPTION TO FORECLOSE: Upon. the occurrence of any default hereunder, the Beneficiary shall have the option to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property. E. SUBSTITUTE TRUSTEE: Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein substitution shall be made by written instrument and executed by the Beneficiary, containing reference to this Deed. of Trust and its place of record, which, when recorded in the office of the Register of Deeds of the county or counties in which said property is situated, shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure thereof shall not be exclusive of the power and procedure provided by law for the substitution of a Trustee in the place of the Trustee named herein. F. ASSIGNABILITY AND ACCELERATION: The Trustar covenants and agrees the Beneficiary shall have the option of declaring the unpaid balance immediately due and payable upon any conveyance. If any assignment or transfer of the Trustor's interest in the premises. If any portion of the sums secured hereby, either principal or interest, remain unpaid for fifteen days after a nonconsential conveyance, assignment or transfer occurs, the Beneficiary may cause Notice of default to be given and the premises shall be sold as provided herein. G. RENT ASSIGNMENT: As additional and collateral security for the loan and effective forthwith upon filing of a Notice of Default, this instrument shall serve as an assignment by the Trustor to the Trustee of all rents and revenues resulting from the property. The Trustee is authorized to take possession of the property, rent or lease the same an terms the Trustee deems best and to collect the rents and revenues and apply the same upon the unpaid interest, principal, taxes or insurance premiums or far maintenance and preservation of the premises. H. WAIVER OF DEFAULTS: Waiver by the Trustee or the Beneficiary of any default of the Trustor under this Deed of Trust shall not be ar be deemed to be a waiver of any other or similar defaults subsequently occurring. CURTIS A. SIKYTA ATTORNEY AT LAW N 15757 ORD, NEBRASKA 88882.0128 308-728.3839 SPALDING, NE 88885 Trus! Deed 308.497-2706 Page 3