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202207758 <br />Related Documents, all such rights and remedies being cumulative. All fees, costs and expenses incurred <br />by the Lender and/or the Trustee in pursuing or enforcing their rights and remedies at law, in equity, under <br />this Deed of Trust or under any of the other Related Documents, whether or not a lawsuit or legal action is <br />filed, including attorneys' and paralegals' fees to the extent allowed by applicable law, shall be payable by <br />the Grantor to the Lender on demand and shall be secured by this Deed of Trust. <br />18. Foreclosure. After the occurrence of any default or event of default hereunder or under any Related <br />Agreement, Lender may, to the extent permitted by law, institute an action of judicial foreclosure, or take <br />such other action as the law may allow, at law or in equity, to enforce this Deed of Trust and to realize <br />upon the Premises or any other security which is herein or elsewhere provided for, and to proceed to final <br />judgment and execution for the entire unpaid balance of the Liabilities, together with, to the extent <br />permitted by applicable law, all other sums secured by this Deed of Trust, all costs of suit, and interest at <br />the then applicable rate under the Notes on any judgment obtained by Lender from and after the date of any <br />judicial sale of the Premises (which may be sold in one parcel or part or in such parcels or parts, manner or <br />order as Lender shall elect) until actual payment is made to Lender on the full amount due Lender. Lender <br />may foreclose or otherwise realize upon one parcel or any other part of the Premises, on one or more <br />occasions, without releasing this Deed of Trust or precluding the further foreclosure or other realization <br />hereunder of any other parcels or parts of the Premises not so foreclosed or realized upon. Failure to join or <br />to provide notice to tenants or any other Persons as defendants or otherwise in any foreclosure action or <br />suit shall not constitute a defense to such foreclosure or other action. Upon any foreclosure sale, whether by <br />virtue of judicial proceedings or otherwise, Lender may bid and purchase the Premises or any part thereof <br />or interest therein, and upon compliance with the terms of the sale, may hold, retain, possess and dispose of <br />the same in Lender's own absolute right, without further accountability. <br />19. Sale by Trustee. <br />(a) Trustee shall have the power of sale as allowed under Nebraska law. After the <br />occurrence of any default or event of default hereunder or under any Related Agreement and at the request <br />of Lender, and after delivery and publication of all required notices, Trustee shall proceed to sell the <br />Premises, either in mass, in parcels or in any other part or parts thereof, in Lender's sole determination, and <br />in such order as Lender may determine in Lender's sole determination, at public venue, to the highest <br />bidder for cash or other property at a front door (to be designated by Trustee) of the Circuit Court House of <br />Hall County, Nebraska, or at such other place designated by Trustee as may be permitted by law; first <br />giving lawful notice of the time, terms and place of sale, and a description of the Premises to be sold, as <br />provided by the law of the State of Nebraska then in effect. Trustee may postpone the sale of all or any <br />portion of the Premises by public announcement at such time and place of sale (or by any other means <br />permitted by law) and from time to time thereafter may postpone such sale by public announcement at the <br />time and place fixed by the preceding public announcement (or by any other means permitted by law). <br />Lender may foreclose or otherwise realize upon, and Trustee may sell, one parcel or any other part or parts <br />of the Premises, on one or more occasions, without releasing this Deed of Trust, or precluding the further <br />foreclosure or other realization hereunder of any other parcels or other parts of the Premises not so <br />foreclosed or realized upon. Lender or any assignee hereof shall have the right to bid at and become <br />purchaser at any foreclosure sale, applying against the purchase price all or a part of any Liabilities then <br />due and owing. <br />(b) It is agreed that Trustee shall not be disqualified from acting as trustee <br />hereunder or from performing any of the duties of the trustee, or from exercising the rights, powers and <br />remedies herein granted, by reason of the fact that Trustee is an attorney, agent, officer, employee or <br />stockholder of Lender or is otherwise affiliated with Lender in any respect. <br />(c) Upon any trustee's sale, Trustee shall execute and deliver a deed or deeds of <br />conveyance of the Premises sold to the purchasers thereof, and any statement or recital or fact in such deed <br />shall be prima facie evidence of the truth of such statement or recital, and Trustee shall receive the <br />proceeds of such sale, out of which Trustee shall pay the following amounts in the following order of <br />payment: first, the costs and expenses of selling the Premises including, without limitation, publication, <br />survey, title and abstract costs and other expenses, and compensation to Trustee and to any attorneys <br />13 <br />