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{ <br /> IfP <br /> ~ k iKi 7~ ~ _ a r r. r w-.31'~ Y...'~.a1.rLr cl Y~9w ~ f.:. <br /> 1, ' - .r., ii j. _....4?~~~. v.,a[M:.- µw. • <br /> <br /> <br /> <br /> 1!. Jt all.or,aaJ frt. ct tee 1~:4krty or a" is'Arest.of Trmstorsif sold, :tt.aWfeirei ar fmrthe: wwbergi vitwrst thr wrcitte ComseL: of.. <br /> ter 40,,et?r:;.aryl the F'n.ePiciuuy U.7 l}Mare all svis tecared by this Trust 11-ed tr, b:e ioaiediately due ad male mad Xarxv,d yea the rewies <br /> avaiialle it Wvv }Ie default p►r;'Visions coataitcvsi herein. <br /> 19. All of the f,.! I cwiag eats shall. be &eDei U event of default wrrfeader: <br /> a. Tmtors shall hiP° fair sake paysent of may installaen:, of grincipol or interest tr any other nuns st' A bereby An doe; <br /> b. Tiere ha.a cctnrred a bnach of or default Meier may tern, a venaait. agreamt, caoditim, ptovisio<+,`rcprx:;r, '~itiesa or trrrruty rodtaiaed <br /> in this f,x of Trust, the note or any other loan instru mt secured hereby; <br /> c. Tfere hcs bees a uefaolt by the Trastors :9 the payment of any prior or smbsequorit lien or enc mace in rmif-~t to all or uq part of <br /> the property; <br /> d. Trustors shall file a voluntary petition it bankruptcy or shall be adjudicated bankrupt or iasolvaat, or sha.11 twine am asaigvaest for the <br /> henef it of creditors in respect to the property; or in action to enforce coy lien or ericashrance or judgmvc i %,giinst the property is <br /> coerced. <br /> I1. in the event of any dafae t, the Beneficiary may declare ail indebtedness secured hereby to be due and paysMe of the saute shall thempon <br /> becm due and payable without any presentment, deR..W, protest or notice of any kind. Thereafter, the )Praeficiary ray: <br /> a. either in person cr by agent, with or without bringing any Action or proceeding, or by receiver appointed by a court and without regard Vo the <br /> adequacy of any security, enter =a and twke possession of the pre;r'ty, or Lny '•:rt thereof, in its awx hue or in tyre nacre of the Trustee, Lad <br /> de any &Cts .h,ict it de,2"s ir:evr:rl tl,A Jos":.:able t:, 7-,serve tlr ma..te or rentability r? Ve rropertr, or part thereat. _r <br /> interest tb„re'rar or ,rotrct the Si:::'!g n?r?.)t .".rV.,, without taking pasaE9:.1ai! r" the property; sue for or <br /> ctl:erwl°E C~! E'±'t '.i' :t?, t' i. d p, 7 }c tl'Ielcaf, l*Cla ::'.g !."/:~e pa:} -P.:' unpaid, and oppaw the sw4 les.i .refs and expense! of <br /> !r.<, ftes, uper, any EnLIr,'•" }:.'C':tJr all in s3sh o der as the Beneficiary may deterr.!ne. fte <br /> Petering ,:rcr and U'c r:F; rr.7lon of the trust estate. t'.te co!!ecti;a of sex: ;enti~ i.r:.ues and pr ti tg uc application thereof as aforesaid <br /> shall act :.,re or vai',e r:ny default or notice of default hereur-drr or invalidate any act and in reapanse to such default or pursuant to such <br /> notice of default anr~ notwithstanding the continuance in possession of the property or the callentior,, rfmpt and application of rents, issuce c'! <br /> profits, Trztce o: the Beneficiary ;Py be en.titlcd to e,ercisP every right provided for in any of the ;loan ,nstruments or by law upon aceurre^.c <br /> of any event of defdnlt, including tale right to exercise the power of sale.; <br /> b, camsence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, it specifi;ally enforce any of the covenants hereof; <br /> c, deliver to Trustee a vritten declaration of default and demand for Rai,!, and a written noti,.e of default and election tc cause Tr'ustors' <br /> interest in the property to be Bold, which notice Trustee shall cause to be duly filed fe.Y record ir. the official rercrds of tie county in whitb <br /> the property is located. <br /> It. Sho,ald the Beneficiary elec` to foreclose by exercise of the power of sale herei, :stained, the Beneficiary shell notify Trustee and <br /> shall deposit with Trustee this Deed of Trust and the note and s, . re.eipts and evidence: if eipeaditlcre, made and secured hereby as Trustcs may <br /> re;uire, and open request of the Beneficiary, the trustee shall cAUge to be retarded, pr'oli<;led and deli'lered to Trustor such Notii; of Defi-ult <br /> and Notice of Sale as then required by law and by this Deed of Trust. Trostee shall with,'.:t e.eu-,' ot; Trustor, after such time as may then he <br /> required by law and after recordation of such Notice of Xitalt and after Notice of Saie hi vkg teen hiven ar rrquired by law, soli the property <br /> at the tiae and place of sale fixed by it in such Notice of Sale, either as a whole, ,r ita separate lots or laarcels :r .teas as Trostee shell deer <br /> expedient, and in such order as it may detersine, at public auction, to the highest ",iuTer for cash and shall deliver to such purchaser or <br /> purchasers therxaf a deed to the property sold, consistent with the lav then in effect. Becitat.g in ':he Trus!ee's deed shall be priaa facie <br /> evidence of the truti of the statements made therein, Trustee shill apply the proceeds of the ii,!,r in }he following order: (a) to all reasonable <br /> costs and expenses of the sale, including but not limited to Trustee's fees of not sore than T'l of Bross sale price, reasonable actor;:ey fees <br /> and costs of title evidence; (b) to all suss secured by tia.s Deed of Trust; and (c) the excess, if any, to the person or persora legalry cr,ki'.!c^ <br /> thereto. Any person, including the Beneficiary, say <br /> purchase said property at said sal:.. Trustee say in the Leaner provided by law, postpone sale rJ a?,1 a; e:ny portion of the property. <br /> ld Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and pr-iarmar..e of err i,,debtedness cr obligation <br /> secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan r.nvtrusent e; t:tr, r agreement or An; laws not or <br /> hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby Wch may now or hereafter be otherv'iae secured, <br /> whether by mortgage, deed of trust, pledge, lien, assigmsent or otherwise Neither the acceptance of thli ^t-d of Trust nor its enfcroeaent, <br /> whether by court action or pursuant to the power of sale or c her powers erein contained, shall prejudice or in any manner affect Trustee's or <br /> the Beneficiary's right to realize upon or enforce any other security AN at hereafter held by Trustee •,r the Beneficiary, it being agreed that <br /> Trustee and the Beneficiary, and each of them, shall be entitled to enforce this-Deed of Trust and any other security now or hereafter held by the <br /> Beneficiary or Trustee in such order and sanncr as they may in their absolute didcretion determine, go remedy herein conferrr.' upcu or reservtd <br /> to Trustee or Beneficiary is intended to be exclusive of arty other roarer herein. pr by law provided or permitted, but etch sha' ~ to :umultti,vt and <br /> shall be in addition to every other remedy given hereunder or low or hereafter existing at lay, or equity or by statute. Every pawn cr reuc~ly <br /> given by any of the loan tnstruments to Trustee or the Beneficiary or to which either of thet 117 b•! othervise entitled may be exerr,ised, <br /> -.ncurrently or independently, fro, tire'o time and as often as may he deemed expedirnt by 'ta,ee or Beneficiary, and either of thes may pursue <br /> inconsistent remedies. Nothing herein :hall be construed as prohibiting the Beneficiary friul seeking a deficiency judgeient against Trustors to <br /> the extent such action is persitted by law. <br /> 11, Triastars hereby request a copy of any notice of default W that any notice of sale hereunder be sailed to Ttustors at. the addres■ sot <br /> forth to the first paragraph of this Decd of Trust, <br /> 15t The Beneficiary may, by a written instrument executed end acknovledgru by l!r;rrftc.l,ary. aativi to TrastorT and ree clM in the Cocr,ty in <br /> which the property is located and by otherwise complying with the provisions of the i,pl4cablt !aw of the State of NebraiO,, a;ta.'cttulc a, <br /> successor to the Trustee nalicd heroin or acting hereatAer. <br /> M This De!wl of Trust applies to and inures to the benefit of and birds ail parties her",o, their heirs, perunal raprese,,',alivr',c, <br /> xucceWrs ar,d migns. The tnra "Beneficiary" shall dean the owner and holder of the mWre, whether nr rot eased as Benel'ic.lary herein, <br /> r P. r'-Jz;t affecting the liability of any other person liable for the payment of a.ny obligation herein wcntiuned, and without a'"'ect.irg the <br /> lirn or r-IargP of this Dned of Trust upon any portion of the property not then ai thrr^tofore released as security for the full pe,yrrr;. rf w <br /> unpaid obligations, the Beneficiuy may, fro% time to tine and without notice; (a) relPas,e my persons so liable; (bl eitend the nat.;';ty r altrr <br /> nay of the terms of any such obligation; (c) grant other indulgences; (d) rrleaae or reconv.) it thr Brnericiary's option any parcel, ;nr`•.rn ur <br /> fll of the pro;arty; (r) take or release Any other or additional security for any obligation r,erein aenticned; or (f) sake romp siticn;c or a!her <br /> a <br />