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200102665 would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Property by Lender or the receiver and any application of rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of Lender under applicable law or provided herein. This assignment of rents of the Property shall terminate at such time as this Instrument ceases to secure indebtedness held by Lender. Non - Uniform Covenants. Borrower and Lender further covenant and agree as follows: 26. ACCELERATION; REMEDIES. Subject to the provisions of paragraph 28 regarding notice and cure periods, upon Borrower's breach of any covenant or agreement of Borrower in this Instrument and/or the Loan Documents, including, but not limited to, the covenants to pay when due any sums secured by this Instrument, or the uncured default in the $$900,000 promissory note or any of the loan documents evidencing or securing said note given by Robert M. Allen Family Limited Partnership to Lender, then Lender at Lender's option may declare all of the sums secured by this Instrument to be immediately due and payable without further demand. and may invoke the power of sale and any other remedies permitted by applicable law or provided herein. Borrower acknowledges that the power of sale herein granted may be exercised by Lender without prior judicial hearing. Borrower has the right to bring an action to assent the non - existence of a breach or any other defense of Borrower to acceleration and sale. Lender shall be entitled to collect all costs and expenses incurred in pursuing such remedies. including, but not limited to, attorney's fees and costs of documentary evidence, abstracts and title reports. If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale and shall sell the Property according to the laws of Nebraska. Trustee may sell the Property at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order (a) to all costs and expenses of the sale, including, but not limited to, Trustee's and attorney's fees and costs oftitle evidence; (b) to all sums secured by this Instrument in such order as Lender, in Lender's sole discretion, direct; and (c) the excess. if any, to the person or persons legally entitled thereto. 27. EXCULPATION. Except as otherwise set forth in this paragraph, the liability ofthe Borrower and the Responsible Parties under the Loan Documents shall be limited to, and satisfied from, the Property and the proceeds thereof, the rents and all other income arising from the Property, and any other assets ofBorrower related to the Property (collectively referred to as the "Collateral ") 1048094.1 15