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202006578 <br />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, <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the <br />Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee <br />shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, <br />including, but not limited to, Trustee's fees as permitted y applicable law and reasonable <br />attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the <br />person or persons legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or <br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and manage the Property and to <br />collect the rents of the Property including those past due. Any rents collected by Beneficiary or <br />the receiver shall be applied first to payment of the costs of management of the Property and <br />collection of rents, including , but not limited to, receiver's fees, premiums on receiver's bonds <br />and reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />15. 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 <br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan <br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some of all <br />of the such indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's <br />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 <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary <br />or Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy give hereunder or now or hereafter <br />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 <br />be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to extend such action is permitted by law. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State <br />of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts <br />with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments <br />which can be given effect without the conflicting provision, and to this end the provisions of the <br />Loan Instruments are declared to be severable. This instrument cannot be waived, changed, <br />discharged, or terminated orally, but only by an instrument in writing signed by the party against <br />whom enforcement of any waiver, change, discharge or termination is sought. <br />