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201504188
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Last modified
11/5/2015 9:11:34 PM
Creation date
6/23/2015 2:29:13 PM
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DEEDS
Inst Number
201504188
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The Beneficiary shall have the right to become the purchaser at any sale held by any <br />Trustee or substitute or successor or by any receiver or public officer, and Beneficiary shall <br />have the right to credit upon the amount of the bid made therefor, to the extent necessary to <br />satisfy such bid, the Obligations owing to Beneficiary, or if Beneficiary holds less than all of such <br />indebtedness the pro rata part thereof owing to Beneficiary, accounting to all other beneficiaries <br />or noteholders not joining in such bid in cash for the portion of such bid or bids apportionable to <br />such nonbidding beneficiary or noteholder. <br />14. Remedies Not Exclusive. Trustee and Beneficiary shall each be entitled to <br />enforce payment and performance of any indebtedness or obligations secured by this Deed of <br />Trust and to exercise all rights and powers under this Deed of Trust, under the Notes, under any <br />of the Loan Documents, or under any other agreement with Trustor or any laws now or hereafter <br />in force; notwithstanding some or all of such indebtedness and obligations secured by this Deed <br />of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement, by court action or pursuant to the power of sale or other powers contained in this <br />Deed of Trust, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize <br />upon or enforce any other security now or hereafter held by Beneficiary or Trustee in such order <br />and manner as they or either of them may in their absolute discretion determine. No remedy <br />conferred upon or reserved to Trustee or Beneficiary, is intended to be exclusive of any other <br />remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and <br />shall be in addition to every other remedy given in this Deed of Trust or now or hereafter <br />existing at law or in equity or by statute. Every power or remedy given to Trustee or Beneficiary <br />by the Notes, this Deed of Trust or any of the Loan Documents, or to which either of them may <br />be otherwise entitled, may be exercised, concurrently or independently, from time to time and as <br />often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue <br />inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting <br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is <br />permitted by law. <br />15. Security Agreement; Financing Statements. <br />(a) Security Agreement. This Deed of Trust is both a real property deed of <br />trust and a "security agreement" within the meaning of the Uniform Commercial Code in <br />effect in the State of Nebraska, as amended from time to time (the "UCC "). The <br />Property includes both real and personal property and all other rights and interest, <br />whether tangible or intangible in nature, of Trustor in the Property. TRUSTOR HEREBY <br />GRANTS TO BENEFICIARY, AS SECURITY FOR THE OBLIGATIONS, A SECURITY <br />INTEREST IN THE PROPERTY TO THE FULL EXTENT THAT THE PROPERTY MAY <br />BE SUBJECT TO THE UCC OR THE UNIFORM COMMERCIAL CODE OF ANY <br />OTHER STATE OR STATES WHERE THE TRUSTOR IS LOCATED (said portion of the <br />Property so subject to the UCC being called in this paragraph the "Collateral "). If an <br />Event of Default shall occur, Beneficiary, in addition to any other rights and remedies <br />which it may have, shall have and may exercise immediately and without demand, any <br />and all rights and remedies granted to a Beneficiary upon default under the UCC, <br />including, without limiting the generality of the foregoing, the right to take possession of <br />the Collateral or any part thereof, and to take such other measures as Beneficiary may <br />deem reasonably necessary or advisable for the care, protection and preservation of the <br />Collateral. Trustor shall pay to Beneficiary on demand any and all expenses, including <br />attorneys' fees and expenses, incurred or paid by Beneficiary in protecting its interest in <br />the Collateral and in enforcing its rights hereunder with respect to the Collateral. <br />8 <br />201504188 <br />
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