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201606434 <br />8. If Guarantor fails to perform the covenants and agreements contained herein, <br />Lender may do and pay for whatever is necessary to protect the value of the property and <br />Lender's rights in the Property, including the paying of any sum secured by a lien which has <br />priority over this Deed of Trust, appearing in Court, paying reasonable attorney fees, and <br />entering the Property to make repairs. Any amount disbursed by Lender under this paragraph <br />shall become an additional debt of Guarantor secured by this Deed of Trust, to bear interest from <br />the date of disbursement, and said amount, together with the then - unpaid principal amount, shall <br />bear interest at the highest lawful rate until refunded by Guarantor. <br />9. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Lender and shall be applied to the sums secured by this Deed of Trust, whether or not then due, <br />with any excess to be paid to Guarantor. <br />10. Any extensions or modifications of the Debt granted by Lender to any successor <br />in interest of Guarantor shall not operate to release the liability of the original Guarantor or <br />Guarantor's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Any notice to Guarantor provided for in this Deed of Trust shall be given by <br />delivering it or mailing it by First -Class Mail, unless Nebraska Law requires use of another <br />method, at the Guarantor's last -known address. <br />12. This Deed of Trust shall be governed by Nebraska Law. <br />13. Lender shall give notice to Guarantor following the breach of any covenant or <br />agreement in this Deed of Trust or the Debt that it secures. The notice shall specify (a) the <br />default, (b) the action required to cure the default, (c) a date not less than ten (10) days from the <br />date the notice is given to Guarantor by which the default must be cured, and (d) that failure to <br />cure the default on or before the date specified in the notice may result in acceleration of the sum <br />secured by this Deed of Trust and sale of the Property pursuant to the power of sale herein <br />granted. The notice shall further inform Guarantor of the right to reinstate after acceleration and <br />the right to bring a court action to assert the nonexistence of a default or any other defense of <br />Guarantor to acceleration and sale. <br />If default is not cured on or before the date specified in the notice, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Deed of Trust without further <br />demand and may invoke the power of sale and any other remedies permitted by Nebraska Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph or otherwise taken to protect its interest in collateral described in this Deed of Trust or <br />enforce any provisions hereof, including but not limited to reasonable attorney fees and costs of <br />title evidence. <br />14. If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the Property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska law. Trustee, without demand on Guarantor, shall sell the <br />Property, at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale, in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br />time and place of any previously - scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a <br />Trustee's Deed conveying the Property. Trustee shall apply the proceeds of sale in the following <br />order: (a) to all expenses of the sale, including but not limited to Trustee's fees as permitted by <br />Nebraska law and reasonable attorney fees; (b) to all sums secured by this Deed of Trust; and (c) <br />any excess to the person or persons legally entitled to it. <br />15. As additional security for the Debt, Guarantor hereby assigns all rents, issues and <br />profits of the Property to Lender. Upon acceleration under Section 13 or abandonment of the <br />Property, Lender (in person, by agent, or by judicially- appointed receiver) shall be entitled to <br />enter upon, take possession of, and manage the Property and to collect the rents of the Property, <br />including those past due. Any rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the Property and collection of rents, including but not <br />Page 3 of 4 <br />