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20180'7171
<br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise
<br />modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
<br />original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right
<br />or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
<br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR.
<br />If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor
<br />is sold or transferred and Trustor is not a natural person) without Beneficiary's prior written consent,
<br />Beneficiary may, at its option, require immediate payment in full of all sums secured by this Security
<br />Instrument, however, this option shall not be exercised by Beneficiary if exercise is prohibited by federal law
<br />as of the date of this Security Instrument. If Beneficiary exercises this option, Beneficiary shall give Trustor
<br />notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is
<br />delivered or mailed within which the Trustor must pay all sums secured by this Security Instrument. If
<br />Trustor fails to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies
<br />permitted by this Security Instrument without further notice or demand on Trustor.
<br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event
<br />of default hereunder:
<br />a. Trustor shall have failed to make payment of any installment of interest,
<br />principal, or principal and interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor
<br />prior to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in
<br />accordance with the requirements of the Nebraska Trust Deed Act. If the default is not cured on or before
<br />the date specified in the notice, Beneficiary at its option may require iinmediate payment in full of all sums
<br />secured by this Security Instrument without further demand and may invoke the power of sale and exercise
<br />all other rights and remedies permitted by applicable law. Trustor shall be entitled to collect all expenses
<br />incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable
<br />attorney's fees and costs of title evidence. If power of sale is invoked, Trustee shall give public notice of sale
<br />to the persons and in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall
<br />sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale
<br />of all or any parcel of the Property by public announcement at the time and place of any previously scheduled
<br />sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of payment of the price
<br />bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's
<br />deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the
<br />proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to,
<br />Trustee's fees as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this
<br />Security Instrument; (c) to junior lienholders; and (d) any excess to the person or persons legally entitled to
<br />it.
<br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to
<br />Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or
<br />abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
<br />Upon acceleration as provided herein or abandonment of the Property, Beneficiary (in person, by agent or
<br />by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property
<br />and to collect the rents of the Property including those past due. Any rents collected by Beneficiary or the
<br />receiver shall be applied first to payment of the costs of management of the Property and collection of rents,
<br />including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees,
<br />and then to the sums secured by this Security Instrument.
<br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall
<br />be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to
<br />exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or
<br />any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner
<br />affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such
<br />order and manner as they or either of them may in their absolute discretion determine. No remedy herein
<br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein
<br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy
<br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given
<br />by any of the Loan Instruments to Trustee or Beneficiary or to which either of thein may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed
<br />expedient by Trustee or Beneficiary and either or them may pursue inconsistent remedies. Nothing herein
<br />shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
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