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20200209r
<br />b. Lender may immediately authorize Trustee to exercise the power of sale granted herein in the
<br />manner provided in the Nebraska Trust Deeds Act, or, at the option of the Lender, may foreclose the
<br />trust deed in the manner provided by law for the foreclosure of mortgages on real property, including
<br />the appointment of a receiver upon ex parte application, notice being hereby expressly waived, without
<br />regard to the value of the property or the sufficiency thereof to discharge the indebtedness secured
<br />hereby or in the Loan Documents.
<br />Should Lender elect to exercise the power of sale granted herein, Lender will notify Trustee who will
<br />record, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as then required by
<br />law and will in the manner provided by law, sell the property at the time and place of sale fixed in the
<br />notice of sale, either as a whole or in separate lots, parcels, or items and in such order as Trustee will
<br />deem expedient. Any person may bid at the sale including Trustor, Trustee, or Lender.
<br />c. Lender may, in its discretion, exercise any and all remedies available under the Uniform Commercial
<br />Code with respect to any Personal Property.
<br />d. Lender, either in person or by agent, with or without bringing any action or proceeding and with or
<br />without regard to the value of the Property or the sufficiency thereof to discharge the Obligations
<br />secured hereby, is authorized and entitled to enter upon and take possession of the Property in its own
<br />name or in the name of the Trustee and do any acts or expend any sums it deems necessary or
<br />desirable to protect or preserve the value of the Property or any interest therein, or increase the income
<br />therefrom; and with or without taking possession of the Property is authorized to sue for or otherwise
<br />collect the rents, issues, crops, profits, and income thereof, including those past due and unpaid, and
<br />apply the same upon any Obligations secured hereby or in the Loan Documents.
<br />e. Lender will be entitled to a receiver to take immediate possession of the Property and all rents,
<br />issues, crops, profits, and income thereof, without regard to the value of the Property, or the sufficiency
<br />thereof to discharge the trust deed debt and the foreclosure costs, fees, and expenses. Such receiver
<br />may be immediately appointed by any court of competent jurisdiction upon ex parte application, notice
<br />being hereby expressly waived and shall serve without bond if the law allows. The receiver will apply
<br />all rents, issues, crops, profits, and income of the Property to keep the same in good repair and
<br />condition, pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to
<br />keep the Property insured, pay the expense of the receivership and attorney's fees incurred by the
<br />receiver, and apply the net proceeds to the payment of the Obligations secured hereby. Such receiver
<br />will have all the other usual powers of receivers authorized by law and as the court may direct.
<br />f. In the event Trustor fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or
<br />maintain any insurance on the Property, buildings, fixtures, attachments, or improvements as provided
<br />herein or in the Loan Documents. Lender, at its option, may make such payments or provide insurance,
<br />maintenance, or repairs and any amounts paid therefor will become part of the principal Obligations
<br />secured hereby, be immediately due and payable and bear interest at the default rate provided in the
<br />Loan Documents from the date of payment until paid. The advancement by Lender of any such amounts
<br />will in no manner limit the right of Lender to declare Trustor in default or exercise any of Lender's other
<br />rights and remedies.
<br />g. In the event Lender is a party to any litigation affecting the Property or this trust deed, including any
<br />action by Lender to enforce this trust deed or any suit in which Lender is named a defendant (including
<br />eminent domain and bankruptcy proceedings), Lender may incur expenses and advance payments for
<br />abstract fees, attorney's fees (to the extent allowed by law), costs, expenses, appraisal fees, and other
<br />charges and any amounts so advanced will become part of the principal Obligations secured hereby,
<br />be immediately due and payable and bear interest at the default rate provided in the Loan Documents
<br />from the date of advance until paid.
<br />8. Lender's rights and remedies listed herein, and any rights and remedies that may be available at law
<br />or in equity, shall be deemed cumulative and non-exclusive, and Lender may proceed with any number
<br />of such rights and remedies at the same time or sequentially until all Obligations are paid and satisfied in
<br />full. The exercise of any right or remedy shall not be deemed a waiver or release of any other right or
<br />remedy, and Lender, upon a default, may proceed with any available remedy or right it selects in any
<br />order it determines all within its sole discretion.
<br />9. Delay by Lender in exercising its rights upon default will not be construed as a waiver thereof, and any
<br />act of Lender waiving any specific default will not be construed as a waiver of any future default. If the
<br />proceeds under sale or foreclosure as set forth above are insufficient to pay the total Obligations secured
<br />hereby, Lender will be entitled to a deficiency judgment.
<br />10. Any awards made to Trustor or their successors by the exercise of eminent domain are hereby
<br />assigned to Lender; and Lender is hereby authorized to collect and apply the same in payment of any
<br />App #: 5662905; CIF #: 102103; Acct #: 3233409 202EA Legal Doc. Date: April 3, 2020
<br />FORM 5011, Trust Deed, Security Agreement and Assignment of Rents Page 6 of 9
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