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200007610 <br />successors in interest. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver <br />of or preclude the exercise of any right or remedy. <br />10. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or any part of the <br />Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and <br />Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its option, <br />require immediate payment in full of all sums secured by this Security Instrument, however, this option shall <br />not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of this Security <br />Instrument. If Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The <br />notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed <br />within which the Trustor must pay all sums secured by the Security Instrument. If Trustor fails to pay these <br />sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security <br />Instrument without further notice or demand on Trustor. <br />11. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder: <br />A. Trustor shall have failed to make payment of any installment of interest, principal or principal <br />and interest or any other sum secured hereby when due; or nonpayment of real estate taxes and <br />insurance (if appropriate) when due; <br />B. There has occurred a breach of or default under any term, covenant, agreement, condition, <br />provision, representation or warranty contained in any of the Loan Instruments. <br />12. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration <br />following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the date <br />the notice is given to Trustor, by which the default must be cured; and (d) that failure to cure the default on <br />or before the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. The notice shall further inform Trustor of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non - existence of a default or any other defense <br />of Trustor to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Beneficiary at its option may require immediate payment in full of all sums secured by this Security. Trustor <br />shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 12, <br />including, but not limited to, reasonable attorney's fees and cost of title evidence. If power of sale is invoked, <br />Trustee shall record a notice of default in each county in which any part of the Property is located and shall <br />mail copies of such notice in the required applicable law; Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property <br />at public auction to the highest bidder at the time and place under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel <br />of Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its <br />designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie <br />evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by <br />applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any <br />excess to the person or persons legally entitled to it. <br />13. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 12 or abandonment of the <br />Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, <br />take possession of and manage the Property and to collect the rents of the Property including those past due. <br />Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's <br />bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />14. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and <br />powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or <br />hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may <br />now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or <br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee <br />or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner <br />as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided <br />or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or <br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is <br />permitted by law. <br />15. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the <br />event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts <br />