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Page 3 of 4 <br />201210037 <br />is not cured on or before the date specified in the notice, Lender, at their option, may require <br />immediate payment in full of all sums secured by this security instrument without further demand <br />and may invoke the power of sale and any other remedies permitted by Nebraska law. Lender <br />shall be entitled to collect all expenses incurred, but not limited to, a reasonable attorney fee and <br />costs of title evidence. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in Hall <br />County, Nebraska, where the property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and in <br />the manner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell the <br />property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designee may purchase the property at <br />any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />Deed conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of <br />the trust of the statements made therein. Trustee shall apply the proceeds of sale in the following <br />order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by <br />Nebraska law and reasonable attorney's fees; (b) to all sums secured by this security instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />13. Beneficiaries shall have the right, power and authority, during the continuance of <br />this Trust Deed, to collect the rents, issues and profits of the property with or without taking <br />possession of the property, and Trustor hereby absolutely and unconditionally assigns all such <br />rents, issues and profits to Beneficiaries. This assignment of rents, issues and profits as herein <br />provided is intended to be an absolute assignment from Trustor to Beneficiaries, contingent only <br />upon Trustor's default hereunder or with respect to the payment of any indebtedness secured <br />hereby, and this assignment is not merely the passing of a security interest. Trustor hereby gives <br />to and confers upon Beneficiaries the right, power and authority to collect such rents, issues and <br />profits, and Trustor hereby irrevocably appoint Beneficiaries its true and lawful attorney -in -fact, <br />at the option of Beneficiaries, at any time and from time to time, to demand, receive and enforce <br />payment, to give receipts, releases and satisfactions, and to sue in the name of Trustor or <br />Beneficiaries, for all such rents, issues and profits, and to apply the same to the indebtedness <br />secured hereby. Beneficiaries, however, consent to the Trustor's collection and retention of such <br />rents, issues and profits as they accrue and become payable so long as Trustor is not, at such <br />times, in default with respect to payment of any indebtedness secured hereby or in the <br />performance of any agreement hereunder. Upon any such default, Beneficiaries may, at any time, <br />either in person, by agent, or by a receiver to be appointed by a court, without notice and without <br />regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and <br />take possession of the property or any part thereof, and in its own name, or in the name of <br />Trustor, sue for or otherwise collect such rents, issues and profits with respect to the property, <br />including those past due and unpaid, and apply the same, less costs and expenses of operation <br />and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and <br />in such order as Beneficiaries may determine; (b) perform such acts of repair or protection as <br />may be necessary or proper to conserve the value of the property; and (c) lease the property, or <br />any part thereof, for such rental term and upon such conditions as its judgment may dictate. <br />Unless Trustor and Beneficiaries agree otherwise in writing, any application of rents, issues and <br />or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br />installment payments as provided in the note or change the amount of such installments. <br />The entering upon and taking possession of the property, the collection of such rents, <br />issues and profits therefrom, and the application thereof as aforesaid, shall not waive or cure any <br />default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor <br />also assigns to Beneficiaries, as security for the performance of the obligations secured hereby, <br />all prepaid rents and all monies which may have been or may hereafter be deposited with Trustor <br />by any lessee of the property to secure the payment of any rent, and upon default in the <br />performance of any of the provisions hereof, Trustor agrees to deliver such rent and deposits to <br />