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200109581 <br />9. The proceeds of a condemnation award are hereby assigned and <br />shall be paid to Lenders and shall be applied to the sums secured by this <br />Deed of Trust, whether or not then due, with any excess to be paid to <br />Borrowers. <br />10. Any extensions or modifications of the loan granted by Lenders <br />to any successor in interest of Borrowers shall not operate to release <br />the liability of the original Borrowers or Borrowers' successors in <br />interest. Any forbearance by Lenders in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Any notice to Borrowers provided for in this Deed of Trust <br />shall be given by delivering it or mailing it by first class mail unless <br />Nebraska Law requires use of another method, at the Borrowers' last known <br />address. <br />12. This Deed of Trust shall be governed by Nebraska law. <br />13. Lenders shall give notice to Borrowers following Borrowers' <br />breach of any covenant or agreement in this Deed of Trust and the Debt <br />which it secures. The notice shall specify (a) the default, (b) the <br />action required to cure the default, (c) a date not less than ten (10) <br />days from the date the notice is given to Borrowers by which the default <br />must be cured, and (d) that failure to cure the default on or before the <br />date specified in the notice may result in acceleration of the sum <br />secured by this Deed of Trust and sale of the Property pursuant to the <br />power of sale herein granted. The notice shall further inform Borrowers <br />of the right to reinstate, after acceleration, and the right to bring a <br />court action to assert the nonexistence of a default or any other defense <br />of Borrowers to acceleration and sale. If default is not cured, on or <br />before the date specified in the notice, Lenders, at their option may <br />require immediate payment in full of all sums secured by this Deed of <br />Trust without further demand and may invoke the power of sale and any <br />other remedies permitted by Nebraska law. Lenders shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in this <br />paragraph or otherwise taken to protect its interest in collateral <br />described in this Deed of Trust or enforce any provisions hereof, <br />including but not limited to reasonable attorney fees and costs of title <br />evidence. <br />14. If the power of sale is involved, Trustee shall record a notice <br />of default in each county in which any part of the Property is located <br />and shall mail copies of such notice in the manner prescribed by Nebraska <br />law. Trustee, without demand on Borrowers, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public announcement at the time and place of any <br />previously scheduled sale. Lenders or their designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall <br />deliver to the purchaser a Trustee's Deed conveying the Property. <br />Trustee shall apply the proceeds of sale in the following order: (a) to <br />all expenses of the sale including, but not limited to, Trustee's fees <br />as permitted by Nebraska law and reasonable attorney fees; (b) to all <br />sums secured by this Deed of Trust; and (c) any excess to the person or <br />persons legally entitled to it. <br />15. As additional security for the Debt, Borrowers hereby assign <br />all rents, issues and profits of the Property to Lenders. Upon <br />acceleration under paragraph 13 cr abandonment of the Property, Lenders, <br />(in person, by agent or by judicially appointed receiver) shall be <br />entitled to enter upon, take possession of and manage the Property and <br />to collect the rents of the Property, including those past due. Any <br />rents collected by Lenders or the receiver shall be applied first to <br />payment of the costs of management of the Property and collection of <br />rents including, but not limited to, receiver's fees, premiums on <br />receiver's bonds and reasonable attorney fees, and then to the sums <br />secured by this Deed of Trust. <br />Page 3 of 4 <br />