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20120665ti <br />bankruptcy, enforcement of statutory provisions or foreclosure of a prior mortgage or Trust Deed, then the Lender, at iYs option, upon such <br />notice to Borrower as may be required by law, may make such appearance, dispose of such sums and take any action necessary to <br />protect LendePs interest, including but not limited to, disbursement of reasonable attomeys fees and entry on to the real property. In the <br />event of any default hereunder and whether or not an action is instituted to enforce this Trust Deed or the Note, Borrower promises to pay <br />to the Lender any reasonable sum for costs incurred in good faith by Lender. The Borrower shall be liable to Lender for repayment of said <br />amounts together with interest at the highest legal rate not to exceed twenty (20) per cent. <br />10. No Waiver. Acceptance by Lender of any sums from Borrower or any other person after the same is due shall not constitute a <br />waiver of the right to require full payment or to declare default. The acceptance by Lender of any sum in an amount less than the sum due <br />shall be deemed an acceptance on account and shall not constitute a waiver. <br />11. Assianment of Rents and Possession. As addfional security for any or all of the obligations contained in this Agreement, Borrower <br />hereby assigns and gives a security interest to the Lender in any or all present, future, or after arising rents or leases in the described <br />premises. It shall not be necessary for the Lender to take actual or constructive possession or control of the real estate or rents related <br />thereto, to secure the appointrnent of a receiver or to take any action tantamount to taking of such possession or control. BoROwer <br />acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Lender is entiUed to notlfy any of <br />Borrower's tenants to make payment of rents due orto become due to Lender. However, Lender agrees that only on default wfll Lender <br />notify Borrower or Borrower's tenants and make demand that all future rents be paid directly to Lender. On receiving the notice of default, <br />Borrower will endorse and deliver to Lender any payments of rent in Borrower's possession. The Lender may enforce the securfty interest <br />in rents and leases in any manner allowed by law. Borrower will prompUy provide Lender with true and correct copies of all e�as�ng and <br />future Leases. Borrower may collect, receive, enjoy and use the rents so long as Borrower is not in default. Borrower will not collect in <br />advance any rents due in future lease periods, unless Borrower first obtains Lender's written consent. Upon default, Borrowerwfll rec$ive <br />any rents in trust far Lender and Borrower will not commingle the rents with any other funds. The Lender has discretion to use the rents <br />and profits for the purposes of paying any accounts or debts mentioned under this Trust Deed, if said accounts or debts are not paid by <br />Borrower. Lender shall also have the right to apply such rents to any costs of management of the property and costs related to the <br />collection of rents, including, but not limited to, receivePs fees, premiums on receivePs bonds and reasonable attomey's fees. <br />12. Transfer of Real Pronertv. If the Borrower shouid, without written consent of the Lender, sell, transFer encumber or alienate the real <br />property or any part thereof, whether voluntary or involuntarily, then the Lender shall have the right to declare all indebtedness and <br />obligatlons secured by this Trust Deed, immediately due and payable. No secondary financing of any kind shall be allowed wfth respect to <br />the real property without written approval of the Lender, provided such approval shall not be unreasonably withheld. <br />13. Remedies Cumulative. All remedies provided in this Trust Deed are distinct and cumulative to any other rightor remedy underthis <br />Trust Deed or afforded by law or equity and may be exercised concurrently, independenUy or successively. <br />14. Default and Remedies. As expressly agreed by Borrower, in the event of Borrower's failure to comply with each and all of the <br />conditions in this Trust Deed or Note or any other instruments affecting the loan secured hereby, time being of the essence, then the full <br />amount secured hereby shall become due and collectible at once and the whole indebtedness shall bear interest at the highest legal rate <br />not to exceed iwenry (20) per cent. The Lender shall have the right to proceed to enforce the liquidation, which is secured herein, by <br />mortgage foreclosure or Trustee's Sale without further notice other than provided by Nebraska law. The Borrower will have thase <br />remedies and onlythose remedies, available under Nebraska law or specffically mentioned in this Trust Deed. In the event default occurs <br />and Borrower has the right to and does elect to cure the default in accordance with the Farm Homestead Protection Act, Borrowerwill pay <br />Lender reasonable attomeys fees (not to exceed 1/2 of 1% of the principal balance then due) and a reinstatementfee of $100.00 for each <br />default so cured. <br />15. Method of Trustee Sale. If Trustee sale is elected, the Trustee, at the written request of the Lender, may sell the property in the <br />manner provided in Section 7&1001 through 76-1018 of the Nebraska Revised Statutes, including amendments, with such right of <br />postponement of sale as the Trustee shall deem best for the interest of all parties concemed. The Trustee shall convey to the Purchaser <br />in such sale the Trustee's title and all right and title of the Borrower to the real property. The purchaser shall be discharged of all liability <br />for the application of the purchase money once sent to the Trustee. The Trustee shall apply the proceeds of the sale, first to the expenses <br />of sale; then to all taxes and assessments due; thence to all sums advanced by the Lender as provided in this Trust Deed together with <br />interest; thence a Trustee's commission of two percent of the gross sale plus the Trustee's costs of reasonable attomey's fees and costs of <br />tiUe evidence; thence to the payment of the indebtedness and obiigations secured bythis Trust Deed togetherwith interest and thence to <br />the payment of all other Trust Deeds, mortgages and liens junior to this Trust Deed. Any proceeds of the sale in excess of the amounts so <br />applied above shall be paid to the Borrower. <br />16. Substitute Trustee. The Lender has the irrevopble power to appoint a substitute Trustee without specifying any reason the�efore, <br />by following the procedures ouUined in Section 76-1004 of the Nebraska statutes. <br />17. Notices. Any notice or demand that may be given under this Trust Deed or any of the instruments affecGng the loan shall be given <br />to the Trustee at its above address and to the Borrower, at the above address by depositing in the United States Mail, postage prepaid, <br />except that notices of default and sale shall be sent by certified or registered mail to each party hereto and request for such notice is <br />hereby made by each party hereto. <br />18. Release Unon Full Pavment. Upon payment and satisfaction of the terms of this Trust Deed and the Note or Notes and other <br />amounts secured hereby, a reconveyance shall be made and executed by the Trustee. <br />19. Severabilitv. If any provisions of this Trust Deed shatl be held invalid under Nebraska law, the validiiy of the remainder of this Trust <br />Deed shall not be affected and the remainder of this Trust Deed shall be constrved as if the invalid provision was never included. <br />20. Successors and Assians. This Trust Deed applies to and inures to the benefit of and binds all parties hereto, their heirs, legatees, <br />