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. ± � gg_ l�z~r�3 TRUSTEE SHALL DELIVER TO THE PURCHASER A TRUSTEE'S DEED CONVEYING THE PROPERTY SO SOLD WITHOUT ANY COVENANT OR WARRANTY, EXPRESSED OR IMPLIED. THE RECITALS IN THE TRUSTEE'S DEED SHALL BE PRIMA FACIE EVIDENCE OF THE TRUTH OF THE STATEMENTS MADE THEREIN. TRUSTEE SHALL APPLY THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER: (A) TO ALL REASONABLE COSTS AND EXPENSES OF THE SALE, INCLUDING, BUT NOT LIMITED TO, REASONABLE TRUSTEE'S AND ATTORNEYS' FEES AND COSTS OF TITLE EVIDENCE, ALL AS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW; (B) TO ALL SUMS PAYABLE PURSUANT TO PARAGRAPH 6 AND 27 OF THIS DEED OF TRUST; (C) TO INTEREST PAYABLE UNDER THE AGREEMENT; (D) TO OTHER CHARGES PAYABLE UNDER THE AGREEMENT; (E) TO THE PRINCIPAL PAYABLE UNDER THE AGREEMENT; AND (F) THE EXCESS IF ANY, TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO. 16. Our Right to Reinstate. Regardless of Menill Lynch's acceleration of the sums secured by this Deed of Trust, we shall have the right, if permitted under applicable law, to receive from Trustee a cancellation of Notice of Default if within one month of the filing of such Notice of Default pursuant to pazagraph 15 above: (a) we pay Merrill Lynch all sums which would be then due under this Deed of Trust and the Agreement, if any,had no acceleration occurred; (b)we cure all our breaches of any other covenants or agreements contained in this Deed of Trust; (c) we pay, as permitted by law, all reasonable eapenses incuned by Merrill Lynch and Trustee in enforcing our covenants and agreements contained in this Deed of Trust and in enforcing Merrill Lynch's and Trustee's remedies as provided in pazagraph 15 of this Deed of Trust, including, but not limited to, reasonable attorney's fees; and (d) we take such action as Merrill Lynch may reasonably require to assure that the lien of this Deed of Trust, Merrill Lynch's interest in the Property and our obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by us,this Deed of Trust and the obligations secured by this Deed of Trust shall remain in full force and effect as if no acceleration had occuned. 17. Assienment of Rents: A�aointment of Receiver•Merrill Lvnch in Possession As additional security, we hereby assign to Merrill Lynch the rents of the Property, provided that prior to acceleration under paragraph 15 above or the occurrence of a default or abandonment of the Property, we shall have the right to collect and retain such rents as they become due and payable. In any action to invoke the power of sale under this Deed of Trust, Memll Lynch shall be entitled to the appointment of a receiver. Upon acceleration under paragraph 15 above, or abandonment of the Property, Menill Lynch, at any time and without notice, in person,by agent or by judicially-appointed receiver, and without regazd to or proof of either(a)depreciation of the value of the Property or(b)the insolvency of any person who signs the Agreement or(c)the value of the Property or(d)the adequacy of any security for the indebtedness secured by this Deed of Trust, shall be entitled to enter upon, take possession of, and manage the Property, and in its own name sue for or collect the rents of the Property, including those past due. All rents collected by Menill Lynch or the receiver shall be applied first to payment of the costs of operation and management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attomeys' fees, and then to the sums secured by this Deed of Trust. Menill Lynch and the receiver shall be liable to account only for those rents actually received. The entering upon and taking possession of the Property and the collection and application of the rents shall not cure or waive any default or notice of a violation under this Deed of Trust or invalidate any act done pursuant to such notice. We will not, without the written consent of Merrill Lynch, receive or collect rents from any tenant of all, or any part of, the Property for a period of more than one month in advance, and in the event of any default under this Deed of Trust will pay monthly in advance to Merrill Lynch, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occupation of the Property or that part of the Property in our possession, and upon default in any such payment will vacate and sunender the possession of the Property to Menill Lynch or to such receiver, and may be evicted by summary proceedings. 18. Trustee's Action. At any time, without liability and without notice, upon written request of Merrill Lynch and us, Trustee may consent to the making of any map or plat of the Property, join in granting any easement on the Property, join in any subordination or other agreement affecting this Deed of Trust, or reconv.ey, without warranty, all or any part of the Property. 19.Reconvevance. Upon payment of all sums secured by this Deed of Trust, the fulfillment of all obligations under the Agreement, and termination of the Account, Merrill Lynch shall request Trustee to reconvey the Property and shall sunender this Deed of Trust and the Agreement to the Trustee. Trustee shall cancel the Agreement and reconvey the Property without wananty to the person or persons legally entitled thereto. If requested by Merrill Lynch, we shall pay Merrill Lynch a fee for the prepazation of any reconveyance or satisfaction document and shall pay all costs associated with the reconveyance or satisfaction including the cost of recordation and/or all of Trustee's costs, if any. 20. Substitute Trustee. Merrill Lynch, at Merrill Lynch's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Menill Lynch and recorded in the office of the register of deeds of county where the Property is located. The instrument shall contain our names and the name of Merrill Lynch and the original Trustee, the book and page where this Deed of Trust is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, estate, powers and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govem to the exclusion of all other provisions for substitution. 21. Securitv A¢reement and Financtng Statement. This Deed of Trust constitutes a security agreement and financing statement under the Uniform Commercial Code of the State of Nebraska with respect to any parc of the Property which may or might now or hereafter be oc be deemed to be personat property, fixtures and/or property other than real property. -7- � �,,a. t. � �3 •. .. m. �,.,.., :.. . :