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20000150? <br />covering the Property, unless such defect is cured within thirty <br />(30) days after written notice of such defect from the <br />Beneficiary to the Borrower; or <br />Q. If any prior lien, encumbrance or homestead claim is <br />determined to exist against the Property adverse to the priority <br />of the lien given to the Beneficiary hereof in this Trust Deed <br />and not disclosed in the policy of title insurance issued to the <br />Beneficiary insuring the priority of this Trust Deed, unless the <br />Borrower shall, within thirty (30) days after demand by the <br />Beneficiary, satisfy or otherwise secure the release of such <br />prior lien, encumbrance or homestead claim. <br />R. If any Event of Default is declared in the Trust Note <br />dated September 22, 1999, signed by the Borrower which is payable <br />to Lender in the principal amount of $1,560,000.00, then said <br />Event of Default shall be an Event of Default of this Trust Note. <br />11. Remedies; Acceleration Upon Default. Time is of the <br />essence as to this Trust Deed. If any Event of Default occurs, <br />Lender will give notice of default as required by law ( §76 -1006 <br />R.R.S. 1943). Lender may declare all indebtedness secured hereby <br />to be due and payable and the same shall thereupon become due and <br />payable without further presentment, demand, protest or notice of <br />any kind. Thereafter Lender may: <br />A. Demand that Trustee exercise the POWER OF SALE granted <br />herein, and Trustee shall thereafter cause Trustor's and <br />Borrower's interest, if any, in the Property to be sold and the <br />proceeds to be distributed, all in the manner provided in the <br />Nebraska Trust Deeds Act; <br />B. Exercise any and all rights provided for in any of the <br />Loan Instruments or by law upon occurrence of any Event of <br />Default; and <br />C. Commence an action to foreclose this Trust Deed as a <br />mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof. <br />Trustee and Lender, and each of them, shall be entitled to <br />enforce payment and performance of any indebtedness or <br />obligations secured and to exercise all rights and powers under <br />this Trust Deed or any Loan Instrument or any laws now or <br />hereafter in force, notwithstanding some or all of such <br />indebtedness and obligations secured hereby may now or hereafter <br />be otherwise secured, whether by mortgage, trust deed, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this <br />Trust Deed nor its enforcement, whether by court action, pursuant <br />to the Power of Sale or other powers herein contained shall <br />prejudice or in any manner affect Trustee's or Lender's right to <br />realize upon or enforce any other security now or hereafter held <br />by Trustee or Lender, it being agreed that Trustee and Lender, <br />and each of them, shall be entitled to enforce this Trust Deed <br />and any other security now or hereafter held by Lender or Trustee <br />in such order and manner as they or either of them may in their <br />absolute discretion determine. <br />No remedy herein conferred upon or reserved to Trustee or Lender <br />is intended to be exclusive of any other remedy herein, or in the <br />Loan Instruments, or by law provided or permitted, but each shall <br />be cumulative and shall be in addition to every other remedy <br />given hereunder or in the Loan Instruments, now or hereafter <br />existing at law or in equity or by statute, and may be exercised <br />concurrently, independently or successively. <br />Every power or remedy by any of the Loan Instruments to Trustee <br />or Lender, or to which either of them may be otherwise entitled <br />may be exercised, concurrently or independently from time to <br />time, and as often as may be deemed expedient by Trustee or <br />Lender and either of them may pursue inconsistent remedies. <br />Nothing shall be construed as prohibiting Lender from seeking a <br />7 <br />