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�0�106053 , I 10. TRUSTOR NOT RELEASED; FORBEARANCE BY BEN��ICIARY NOT A WAIVER. Extension of the time for payrnent or;modification of amortization of the sums secured liy this Security Instrument granted by Beneficiary to any succeasor in interest of Trustor shall not operate to release the liability of the original Trustor or Trustor's successors in interest. Beneticiary shall not be required to commence proceedings agaitlst any successor in interest or refuse to extend time for payment or ot�erwise modify amortization of the sums secured by �this Security Instrument by reason of any demand made by the original Tri�stor ,or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy ehall not be a w�iver of or:pr'eclud�' the exercise of any right or remedy. ' 11. TRt1N5�'ER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or any part of the Property or;any interest in it is snld or transferred (or if a beneficial interest in Trustor is sold or transferred and Trustor is not a natural person) withaut Beneficiary's prior written eonsent, Beneficiary may, at its option, require immediate payment in full of all sums secured by this Security Instrument, however, this option shall not be exercised by Beneficiary if exercise is �rohibited by federal law as of the date of this Security Instrument. If Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice ahall''provide a period of not less than 30 days from the date the notice is de7ivered or mailed within which the Trustor must Ipay all sums secured by this Security Instrument. If Trustor fails to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security In�trument without further notice nr demand on Trustor. ' 12. EVENTS OF DEFAULT. Any of the followimg events ehall be deemed an event of default hereunder: I a. Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest or any other sum secured hereby when due; or b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, represen- ta�ion or warranty contained in any of the Loan Instruments. 13. ACCELER.ATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration following 'I'r!ustor's breach of any covenant or agreement in this Trust Deed.1'he notice shall ap�cify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to 'I4�ustor, by which the default must be cured: and (d) that failure to cure the default on or before the date specified in the notice may result in ac�eleration of the sums secured by this Security I'hstrument and sale of the Property. The notice shall further inform Trustor of the right to reinstate after acceieration and the right to bring a court action to assert the non-existence of a de'fault or any other defense of Trustor to acceleratibn anc� sale. If the default is not cured on or before the date specified inl the notice, Beneficiary at its option may requi#e immediate payment in full of all sums secured by this Security In�trument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Trustor shall be entitled to collect all expense� incurred in pursuing the remedies provided in this paragraph 13, in�lading, but not limited to, reasonable attorney's feJea and costs of title eyidence. If power of sale is invoked,'IYustee shall re�ord a notice of default in each county in which a�hy part of the Property is located and shall mail copies of such notice inithe manner prescribed by applicable law to Trustur and to the other persons prescribed by applicable law After the time required by applicable law, Trustee shall give public' notice of sale to the persons and in the manner preacribed by applia able law, Trastee, without demand on Trustor, shail sell the Property at public suction to the highest bidder at the time and place and under the terms designated in the notice o£sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any pre- vibusly scheduled sale. Beneficiary or its designee miay purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Tnastee's deed conveying the Property. The recitals in the Trustee's deed s}i�all be prima facie evidence of the truth of the statements made therein. Trustee ahall apply the proceeds af the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by �pplicable labv and reasonable attorney's fees; (b) to ail sums se'cured by this Security Instrument; and (c) any excess to the person or p�!rsons legally entitled to it. I 14. BENEFICIAftY TN POSSESSION. Upon acceleration under paragraph 13 or abandonment of the Property, B�neficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property inciuding those past due. Any rents collected by �Beneficiary or; the receiver shall be applied first to payment of the costs of management of the Property end collection of rente, includ- ing, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums se�ured by this Security Instrument. 15. REMEDIES NOT EXCLUSIVE. Trustee and BeneSciary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations's'ecured hereby and to exercise all rights and powera under this Deed of �'I'rust or under any I.oan Instrument or other agi'eement or any laws now or hereafter in force, notwithstanding some or� all of the such indebtedness and obligations secured hereby may now or hereaf�er be otherwise secured, whether by mortgage, deed of trost, pledge, lien, assignment or dt'herwise. Neither the acceptance of this Deed of Truat nor its enforce- mpnt whether by court action or pursuant to the po`wer of sale or other powers herein contained, shall prejudice or in any m$nner affect Trustee's or Beneficiary's right to reali�ze upon or enforce any other security now or hereafter held by Trustee or�Beneficiary, it being agreed that'I`rustee and Beneficiary, and each of them, shall be entitled to enforce this Deed ofTrust a�d any other security now or hereafter held by Beneficiary or'I`rustee in such order and manner as they or either of them rnay in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein' or by law provided or permitted, but each ahall be cumulative and shall be in addition to every other remedy given hereunder or now or hereaf�er exiating at law or in equity or by statute. E�ery power or remedy given by any of the Loan Indtiruments to Trustee or Beneficiary or to which either of them may be ot�erwise entitled, may be exercised, concurrentlq or'i�dependently, from time to time and as often as may be deemed expe- di�nt by'I�rustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be Construed as! prohibiting Beneficiary from seeking a deficieney judgment againat the Trustor to the extent such action is permitted by� law. I 16. GOVERNING LAW. This Deed of Trust sha11'be governed by the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicta with applicable ]aws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the pro- visions of the Loan Instruments are declared to be $everable. This instrument cannot be waived, changed, diacharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is songht. 17. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Beneficiary shall request Trustee to reconvey the Property and shall surrender this Security Instrument and al] notes evidencing debt secured by this Security Instrurnent to Trustee. Trustee shall reconvey the Property without warranty and without charge to the per- son or persons legally entitled to it. Such person or persons shall pay any recordation costs. 18. REQUEST FOR NOTICES. Trustor requests that copies of the notices of default and sale be aent to Trustar's address which is the Property Address. Trustor further requests that copies of the notices of default and sale be sent to each person who is a party hereto at the address of such person set forth herein. 19. NOTICES. Any notice to Trustor provided for in this Security Instrument shall be given by delivering it or by m�il- ing it by first class mail unless appiicable law requires uae of another method. The notice shall be directed to the Property Address or any other address'l�ustor designates by notice to Beneficiary. Any notice to Beneficiary shall be given by first class mail to Beneficiary's address stated herein or any other address Beneficiary designates by notice to Trnstor. Any notice provided for in this Security Instrument shai� be deemed to have been given to Trustor or Beneficiary when given as provided in this paragraph. 20. ACCEPTANCE BY TRUSTEE. Truatee accepts this Trust when this Deed of Truat, duly executed and acknowl- edged, is made a public record as provided by law