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201800853 harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence, use disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part of or any interest in the Property hereinabove described, either voluntarily or involuntarily, without the express prior written consent of Lender or as otherwise herein permitted, and in the event of any such sale, transfer, assignment, conveyance or transfer in violation of this provision, Lender shall have the option to declare all sums secured hereby immediately due and payable. 8. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay for whatever is necessary to protect the value of the property and Lender's rights in the Property, including the paying of any sum secured by a lien which has priority over this Deed of Trust, appearing in Court, paying reasonable attorney fees and entering the Property to make repairs. Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by this Deed of Trust, to bear interest from the date of disbursement and said amount, together with the then unpaid principal amount, shall bear interest at the highest lawful rate until refunded by Borrower. 9. The proceeds of an condemnation award are hereby assigned and shall be paid to Lender and shall be applied to the sum secured by this Deed of Trust, whether or not then due, with any excess to be paid to Borrower. 10. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or mailing it by first class mail unless Nebraska Law requires use of another method, at the Borrower's last known address. 12. This Deed of Trust shall be governed by Nebraska Law. 13. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this Deed of Trust and the Debt which it secures. The notice shall specify (a) the default, (b) the action required to cure the default, (c) a date not less than ten (10) days from the date the notice is given to Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sum secured by this Deed of Trust and sale of the Property pursuant to the power of sale herein granted. The notice shall further inform Borrower of the right to reinstate, after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If default is not cured, on or before the date specified in the notice, Lender, at its option may require immediate payment in full of all sums secured by this Deed of Trust without further demand and may invoke the power of sale and any other remedies permitted by Nebraska Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph or otherwise taken to protect its interest in collateral described in this Deed of Trust or enforce any provisions hereof, including but not limited to reasonable attorney fees and costs of title evidence. 14. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.