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201508138 <br />the property to inspect the same or to perform any acts authorized herein or in the credit <br />agreement(s). <br />4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or <br />charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements <br />as provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or <br />provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the <br />principal indebtedness secured hereby, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or credit agreement(s) from the date of payment until paid. The <br />advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to <br />declare Trustor(s) in default or exercise any of Beneficiary's other rights and remedies. <br />5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust <br />Deed, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is <br />named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur <br />expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), <br />costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of <br />the principal indebtedness secured hereby, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or credit agreement(s) from the date of advance until paid. <br />6. Any awards made to Trustor(s) or their successors by the exercise of eminent domain are hereby <br />assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in <br />payment of any indebtedness, mature or unmatured, secured by this Trust Deed. <br />7. In the event of default in the payment when due of any sums secured hereby (principal, interest, <br />advancements, or protective advances), or failure to perform or observe any covenants and conditions <br />contained herein, in the note(s), credit agreement(s), or any other instruments, or any proceedings is <br />brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness <br />secured hereby to be immediately due and payable and the whole will bear interest at the default rate <br />as provided in the note(s) or credit agreement(s) and Beneficiary may immediately authorize Trustee <br />to exercise the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, <br />or, at the option of the Beneficiary, may foreclose the Trust Deed in the mariner provided by law for the <br />foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte <br />application, notice being hereby expressly waived, without regard to the value of the property or the <br />sufficiency thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay <br />by Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any <br />act of Beneficiary waiving any specified default will not be construed as a waiver of any future default. <br />If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured <br />hereby, Trustor(s) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary <br />will be entitled to a deficiency judgment. <br />8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify <br />Trustee who will record, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as <br />then required by law and will in the manner provided by law, sell the property at the time and place of <br />sale fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such <br />order as Trustee will deem expedient. Any person may bid at the sale including Trustor(s), Trustee, or <br />Beneficiary. <br />9. Trustor(s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be <br />mailed by certified mail to Trustor(s) at the address(es) set forth herein. <br />10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or <br />proceeding and with or without regard to the value of the property or the sufficiency thereof to <br />discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take <br />possession of the property in its own name or in the name of the Trustee and do any acts or expend <br />any sums it deems necessary or desirable to protect or preserve the value of the property or any <br />interest therein, or increase the income therefrom; and with or without taking possession of the <br />property is authorized to sue for or otherwise collect the rents, issues, crops, profits, and income <br />thereof, including those past due and unpaid, and apply the same upon any indebtedness secured <br />hereby or in the loan agreement(s). <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in <br />