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200001684 <br />TRUSTEE SHALL DELIVER TO THE PURCHASER A TRUSTEE'S DEED CONVEYING THE PROPERTY SO <br />SOLD WITHOUT ANY COVENANT OR WARRANTY, EXPRESSED OR IMPLIED. THE RECITALS IN THE TRUSTEE'S <br />DEED SHALL BE PRIMA FACIE EVIDENCE OF THE TRUTH OF THE STATEMENTS MADE THEREIN. TRUSTEE SHALL <br />APPLY THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER: (A) TO ALL REASONABLE COSTS AND <br />EXPENSES OF THE SALE, INCLUDING, BUT NOT LIMITED TO, REASONABLE TRUSTEE'S AND ATTORNEYS' FEES <br />AND COSTS OF TITLE EVIDENCE, ALL AS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW; (B) TO ALL <br />SUMS PAYABLE PURSUANT TO PARAGRAPH 6 AND 27 OF THIS DEED OF TRUST; (C) TO INTEREST PAYABLE <br />UNDER THE AGREEMENT; (D) TO OTHER CHARGES PAYABLE UNDER THE AGREEMENT; (E) TO THE PRINCIPAL <br />PAYABLE UNDER THE AGREEMENT; AND (F) THE EXCESS IF ANY, TO THE PERSON OR PERSONS LEGALLY <br />ENTITLED THERETO. <br />16. Our Right to Reinstate. Regardless of Merrill Lynch's acceleration of the sums secured by this Deed of Trust, we <br />shall have the right, if permitted under applicable law, to receive from Trustee a cancellation of Notice of Default if within one <br />month of the filing of such Notice of Default pursuant to paragraph 15 above: (a) we pay Merrill Lynch all sums which would be <br />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 <br />covenants or agreements contained in this Deed of Trust; (c) we pay, as permitted by law, all reasonable expenses incurred by <br />Merrill Lynch and Trustee in enforcing our covenants and agreements contained in this Deed of Trust and in enforcing Merrill <br />Lynch's and Trustee's remedies as provided in paragraph 15 of this Deed of Trust, including, but not limited to, reasonable <br />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, <br />Merrill Lynch's interest in the Property and our obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. <br />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 <br />effect as if no acceleration had occurred. <br />17. Assianment of Rents; Appointment of Receiver; Merrill Lynch in Possession. As additional security, we hereby <br />assign to Merrill Lynch the rents of the Property, provided that prior to acceleration under paragraph 15 above or the occurrence of a <br />default or abandonment of the Property, we shall have the right to collect and retain such rents as they become due and payable. In <br />any action to invoke the power of sale under this Deed of Trust, Merrill Lynch shall be entitled to the appointment of a receiver. <br />Upon acceleration under paragraph 15 above, or abandonment of the Property, Merrill Lynch, at any time and without <br />notice, in person, by agent or by judicially- appointed receiver, and without regard to or proof of either (a) depreciation of the value of <br />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 <br />security for the indebtedness secured by this Deed of Trust, shall be entitled to enter upon, take possession of, and manage the <br />Property, and in its own name sue for or collect the rents of the Property, including those past due. <br />All rents collected by Merrill Lynch or the receiver shall be applied first to payment of the costs of operation and <br />management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and <br />reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Merrill Lynch and the receiver shall be liable to <br />account only for those rents actually received. <br />The entering upon and taking possession of the Property and the collection and application of the rents shall not cure or <br />waive any default or notice of a violation under this Deed of Trust or invalidate any act done pursuant to such notice. <br />We will not, without the written consent of Merrill Lynch, receive or collect rents from any tenant of all, or any part <br />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 <br />monthly in advance to Merrill Lynch, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable <br />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 <br />payment will vacate and surrender the possession of the Property to Merrill Lynch or to such receiver, and may be evicted by <br />summary proceedings. <br />18. Trustee's Action. At any time, without liability and without notice, upon written request of Merrill Lynch and us, <br />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 <br />subordination or other agreement affecting this Deed of Trust, or reconvey, without warranty, all or any part of the Property. <br />19. Reconveyance. Upon payment of all sums secured by this Deed of Trust, the fulfillment of all obligations under the <br />Agreement, and termination of the Account, Merrill Lynch shall request Trustee to reconvey the Property and shall surrender this <br />Deed of Trust and the Agreement to the Trustee. Trustee shall cancel the Agreement and reconvey the Property without warranty to <br />the person or persons legally entitled thereto. If requested by Merrill Lynch, we shall pay Merrill Lynch a fee for the preparation of <br />any reconveyance or satisfaction document and shall pay all costs associated with the reconveyance or satisfaction including the cost of <br />recordation and /or all of Trustee's costs, if any. <br />20. Substitute Trustee. Merrill Lynch, at Merrill Lynch's option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Merrill Lynch <br />and recorded in the office of the register of deeds of county where the Property is located. The instrument shall contain our names <br />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 <br />address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, estate, <br />powers and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />21. Security Agreement and Financine Statement. This Deed of Trust constitutes a security agreement and financing <br />statement under the Uniform Commercial Code of the State of Nebraska with respect to any part of the Property which may or might <br />now or hereafter be or be deemed to be personal property, fixtures and /or property other than real property. <br />-7- <br />