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201Q08194
<br />arder as Beneficiary may determin�. The entering upon and taking possession of the Trust Estate, the
<br />collection of such rents, issues and prafits and the application thereof as aforesaid, shall not cure or waive
<br />any default or notice af default hereunder or invalidate any act dane in response to such d�fault or
<br />pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust �state
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled
<br />to exercise every right pravided for in any of the Loan Instruments or by law upon occurrence af any event
<br />of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof;
<br />(c) D�liver to Trustee a written declaration of d�fault and demand far sale, and a written notice of
<br />default and electian ta cause Trustors' interest in the Trust Estate to be sold, which notice Trustee shall
<br />cause ta b� duly filed far r�cord in the appropriate Official Records of th� County in which the Trust Estate
<br />is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of
<br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this
<br />Deed of Trust and the Note and such receipks and evidence of expenditures made and secur�d hereby as
<br />Trustee may require.
<br />(a) Upon rec�ipt of such natice from Beneficiary, Trustee shall caus� ta be recarded, published
<br />and delivered to Trustors such Notice of Default and Notice of Sale as then required by law and by this
<br />Deed of Trust. Trustee shall, without demand an Trustors, after such time as may then be required by law
<br />and after recordation of such Notice of Default and after Notice of Sale having be�n given as required by
<br />law, sell the Trust Estate at the time and plac� of sale fixed by it in such Notice of Sal�, either as a whole,
<br />or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash, in lawful money of the United States, payable a#
<br />th� time of sale. Trustee shall deliver to such purchaser ar purchasers thereof, its good and sufficient
<br />de�d ar d�eds, conveying the property so sold, but without any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />persan, including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and
<br />Trustars h�reby covenants tn warrant and defend #he title of such purchaser ar purchasers.
<br />(b) As may be permitted by law, after deducting all casts, fees, expenses of Trustee and af this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds nfi sale
<br />to payment of (i) all sums expended under the terms hereofi, not then repaid, with accrued interest at 12
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any, ta the person or
<br />persons legally entitled thereto.
<br />(c) Trustee may, in the manner pravided by law, postpone sale of all or any partion of the Trustee
<br />Estate.
<br />12. REM�DIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall b� entitled
<br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br />all rights and pawers under this D�ed of Trust or under any Loan Instrument or other agreement or any
<br />laws now or hereafter in force, notwithstanding some or all af the such indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledg�,
<br />lien, assignment or otherwise. Neither the accep#ance of this Deed of Trust nor its enforcement whether
<br />by court action ar pursuant to the power af sale or other powers herein contained, shall prejudice or in any
<br />manner affect Trustee's or Beneficiary's right to realize upan or �nforce any other security now or
<br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereaft�r held by Beneficiary
<br />or Trustee, in such order and manner as they ar either of them may in their absolute discretion determine.
<br />No remedy herein conferred upon ar r�s�rv�d to Trustee or Beneficiary is intended to be exclusive of any
<br />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 ar hereafter existing at law or in equity or by Statute. �very
<br />power or remedy given by any of the �.oan Instruments to Trustee or Beneficiary ar to which either vF them
<br />may be otherwise entitled, may be exercised, concurrently or independently, from time to time, and as
<br />often as may be deemed expedient by Trustee ar Beneficiary; and either of them may pursue inconsistent
<br />remedies. Nothing herein shall be construed as prohibiting geneficiary from seeking a d�ficiency
<br />judgment against the Trustors ta th� extent such action is permitted by law.
<br />13. REQUEST �OR N0710E. Trustars hereby request a copy af any notice of default, and that
<br />any notice of sal� hereunder be mailed ta it at the address set forth in the first paragraph of this Deed of
<br />Trust.
<br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws af the State of
<br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable
<br />laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect
<br />without the conflicting provisions; and to this end, the prouisions of the Loan Instruments are declared to
<br />be s�verable. This instrument cannot be waived, changed, discharged, or terminated orally, but only by
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