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20110403G
<br />eration and collection, including afitorney's fees, upon any indebtedness secured hereby, all in such
<br />ier as Beneficiary may determine. The entering upon and taking possession ofi the Trust Estate, the
<br />Ilection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive
<br />y default or notice of default hereunder or invafidate any act done in response to such default or
<br />rsuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate
<br />the collection, receipt and application of rents, issues or profits, Trustee or Benefciary shall be entitled
<br />exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event
<br />default, including the right to exercise the power of sale;
<br />(b) Commence an action ta foreclose this Deed of 7rust as a mortgage, appoint a receiver, or
<br />ally enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of
<br />�fault and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall
<br />iuse to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate
<br />located.
<br />11. FORECLOSURE SY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of
<br />e Power of Sale herein contained, Beneficiary sha{I notify Trustee and sha11 deposit with Trustee this
<br />�ed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as
<br />�ustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published
<br />id delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this
<br />eed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law
<br />�d afte� recardation of such Notice of Default and after Notice of Sale having been given as required by
<br />w, sell the Trust Estate at the time and place of sale fixed by it in such Notice ofi Sale, either as a whole,
<br />� in separate lots or parcels or items as Trustee shall deem expedienfi, and in such order as it may
<br />�termine, at public auction to the highest bidder for cash, in lawful money of the United States, payable at
<br />e time of sale. Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient
<br />ed or deeds, conveying the property so sold, but without any covenant or warranty, express or implied.
<br />e recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />rson, including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sa1e, and
<br />ustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of this
<br />ust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />� payment of {i) afl sums expended under the terms hereof, not then repaid, with accrued interest at 12
<br />rcent per annum, (ii) a11 other sums then secured hereby, and (iii) the remainder, if any, to fhe person or
<br />rsons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the Trustee
<br />12. REMEDiES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled
<br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br />rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any
<br />rs now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />�ured hereby may now or hereafter be otherwise secured; whether by mortgage, deed of trust, pledge,
<br />i, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether
<br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any
<br />�nner affect Trustee's or Beneficiary's right fio realize upon or enforce any other security now or
<br />reafter held by Trustee or Seneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />all be entitled to enforce this Deed of Trust and any other security now or hereafiter hefd by Beneficiary
<br />Trustee, in such order and manner as they or either of them may in their abso{ute discretion determine.
<br />� remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />ier remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Every
<br />wer or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either
<br />hem may be otherwise entitled, may be exercised, concurrently or independently, from time to time,
<br />as often as may be deemed expedient by Trustes or Beneficiary; and either of them may pursue
<br />onsistent remedies. Nothing herein shall be construed as prohibiting Beneficiery from seeking a
<br />iciency judgment against the Trustor to the extent such action is permitted by law.
<br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and that
<br />notice of safe hereunder be mailed ta it at the address set forth in the first paragraph of this Deed of
<br />14. GOVERNING LAW. This Deed of Trust sha{I be governed by the laws of the State of
<br />N braska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable
<br />la s, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect
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