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Form NEDEED 201700167 8, Right to Purchase. Beneficiary, if it is the highest bidder, shall have the right to purchase at any sale of the Property, and to have the amount for which such Property is sold credited on the debt then owing. 9. Substitute Trustee. Beneficiary may, from time to time, remove the Trustee and substitute another trustee in place of the Trustee herein named or in place of any previously appointed successor trustee. Upon such appoint- ment, and without conveyance to the successor trustee, the latter shall be vested with all the titles, estates, rights, powers and trusts conferred upon the Trustee herein named. Such appointment shall be made by written instru- ment executed by Beneficiary which shall be recorded among the public records in the county where this Deed of Trust is recorded, and shall be conclusive proof of the proper appointment of the successor trustee. 10. Abandonment, Dismissal. It is agreed that, in the event a foreclosure hereunder is commenced by the Trustee, or his substitute or successor, Beneficiary may, at any time before the sale of the Property direct the said Trustee to abandon the sale, and may then institute suit, for the collection of said Note and for the judicial foreclosure of this Deed of Trust lien. It is further agreed that, if Beneficiary institutes a suit for the collection thereof and for a judicial foreclosure of this Deed of Trust lien, Beneficiary may at any time before the entry of a final judgment in said suit dismiss the same and require the Trustee, his substitute or successor, to sell the Property in accordance with the provisions of this Deed of Trust. 11. Prior Liens. It is agreed that the lien hereby created shall take precedence over and be a prior lien to any other lien of any character, whether vendor's, materialmep's or mechanic's lien, hereafter created on the Property; and in the event the proceeds of the indebtedness secured hereby as set forth herein are used to pay off and satisfy any liens heretofore existing on the Property, then Beneficiary is, and shall be, subrogated to all of the rights, liens and remedies of the holders of the indebtedness so paid. 12. Bankruptcy. It is further agreed that, if Trustors, their heirs or assigns, while the owner of the Property, commit an act of bankruptcy, or authorize the filing of a voluntary petition in bankruptcy, or if an act of bank- ruptcy is committed and involuntary proceedings in bankruptcy are instituted or threatened, or if the Property is taken over by a receiver for Trustors, their heirs or assigns, then the Note shall, at the option of Beneficiary, immediately become due and payable, and the Trustee may then proceed to sell the same under the provisions of this Deed of Trust. 13. Assignment of Rents. Trustors assign to Beneficiary, and grant to Beneficiary a security interest in absolutely, not only as collateral, all present and future rent and other income and receipts from the Property. Trustors warrant the validity and enforceability of the assignment. Trustors may as Beneficiary's licensee collect rent and . other income and receipts as long as there is not a default under the Note or this Deed of Trust. Trustors will apply all rent and other income and receipts to payment of the Note and performance of this Deed of Trust, but if the rent and other income and receipts exceed the amount due under the Note and Deed of Trust, Trustors may retain the excess. If there is a default in payment of the Note or performance of this Deed of Trust, Beneficiary may terminate Trustors' license to collect and then as Trustors' agent may rent the Property if it is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the Property. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking possession of the Property and Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Beneficiary's rights and remedies and then to obligations owed to the Beneficiary under the Note and this Deed of Trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph, and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. If Trustors become voluntary or invol- untary bankrupts, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Nebraska law. 14. Possible Extensions. It is agreed that an extension or extensions may be made of the time of payment of all, or any part, of the indebtedness secured hereby, and that any part of the Property may be released from this lien without altering or affecting the priority of the lien created by Deed of Trust in favor of any junior encum- brance, mortgagee or purchaser, or any person acquiring an interest in the Property hereby conveyed, or any part thereof; it being the intention of the parties hereto to preserve this lien on the Property, and all improve- ments thereon and that may be hereafter constructed thereon, as first and superior to any liens that may be placed thereon, or that may be fixed, given or imposed by law thereon, after the execution of this instrument, notwith- standing any such extension of time of payment or the release of a portion of Property from this lien. 15. Application of Payments. In the event any portion of the indebtedness herein above described cannot be lawfully secured by this Deed of Trust lien on the Property, it is agreed that the first payments made on said indebtedness shall be applied to the discharge of that portion of said indebtedness. 16. Condemnation. Beneficiary shall be entitled to receive any and all sums which may become payable to Trustors for the condemnation of the Property, or any part thereof, for public or quasi - public use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to Trustors for damages caused by public works or construction on or near the Property All such sums are hereby assigned to Beneficiary, who may, after deduction therefrom all expenses actually incurred, including attorney's fees, release same to Trus- tors or apply same to the reductions of the indebtedness hereby secured, whether then matured or to mature in the future, or to the reduction of any money obligation hereunder, as and in such manner as Beneficiary may elect. Beneficiary shall not be, in any event or circumstance, liable or responsible for failure to collect, or exercise diligence in the collection of, any such sums. 17. Controlling Agreement. Nothing herein, or in said Note, contained shall ever entitle Beneficiary, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by the laws of the State of Nebraska and /or the United States on the principal indebtedness hereby secured or on any money obligation hereunder, and in no event shall the Debtors or Trustors be obligated to pay interest thereon in excess of such rate. 18. References. If this Deed of Trust is executed by only one person or by a corporation, the reference to Trustors shall be held to include the singular, and all of the covenants and agreements herein undertaken to be performed by, and the rights conferred upon, the respective Trustors named herein, shall be binding upon and inure to the benefit of not only said parties respectively but also their respective heirs, executors, administrators, personal representatives, grantees, successors and assigns. 19. Fixtures. It is understood and agreed that by this instrument Trustors, in addition to fixing and creating a Deed of Trust lien upon and against the Property, inclusive of all goods which are or are to become fixtures thereon, have also created and granted to the Beneficiary pursuant to the Uniform Commercial Code of Nebraska a security interest in said goods. This Deed of Trust constitutes a fixture filing under sections 9- 501(a)(1) and 9- 502(c) of the Uniform Commercial Code and for this purpose, the following information is set forth: (a) the Trustors are the debtor and their address is shown on page 1 hereof; (b) the Beneficiary is the secured party and its address is shown on page 1 hereof; (c) this document covers goods which are or are to become fixtures on the real property described herein; (d) the Trustor (debtor) is the record owner of the real property described herein; and (e) this fixture filing covers proceeds and products of the fixtures. 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