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202300986
<br />Article VII
<br />Rights and Remedies.
<br />Upon the happening of any Event of Default, Lender, or Trustee at the direction of Lender, shall
<br />have the right, in addition to any other rights or remedies available to Lender under any of the Loan
<br />Documents or applicable Law, to exercise any one or more of the following rights, powers, or remedies:
<br />Section 7.1 Acceleration.
<br />Lender may accelerate all Obligations whereupon such Obligations shall become immediately due
<br />and payable, without notice of default, notice of acceleration or intention to accelerate, presentment or
<br />demand for payment, protest, notice of protest, notice of nonpayment or dishonor, or notices or demands
<br />of any kind or character (all of which are hereby waived by Grantor).
<br />Section 7.2 Foreclosure; Power of Sale.
<br />Lender may require Trustee, and Trustee is hereby authorized and empowered, to enter and take
<br />possession of the Property and to sell all or part of the Property in accordance with the Nebraska Trust
<br />Deeds Act, as the same may be hereafter amended or modified. Trustee may sell all or any portion of the
<br />Property, together or in lots or parcels, and may execute and deliver to the purchaser or purchasers of such
<br />property a conveyance in fee simple. Trustee shall receive the proceeds thereof and, subject to the
<br />requirements of the Nebraska Trust Deeds Act, shall apply the same as follows: (a) First, the payment of
<br />the expenses of making, maintaining and executing this trust, protection of the Property, including the
<br />expense of any litigation and reasonable attorneys' fees, and compensation to Trustee comprised of actual
<br />fees plus an administrative fee of no less than the maximum interest allowed by Law; (b) second, to any
<br />advancements made by Trustee or Lender pursuant hereto, with interest thereon; (c) third, to the payment
<br />of the Obligations herein secured or intended so to be, in such order as Lender shall elect, and any balance
<br />of said Obligations may be the subject of immediate suit; (d) and, fourth, should there be any surplus,
<br />Trustee will pay it to Grantor, or to such Person as may be legally entitled thereto. The sale or sales by
<br />Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee
<br />is specifically empowered to make successive sale or sales under such power until the whole of the Property
<br />is sold; and if the proceeds of such sale or sales of less than the whole of the Property are less than the
<br />aggregate of the Obligations and the expenses thereof, this Deed of Trust and the lien, security interest, and
<br />assignment hereof shall remain in full force and effect as to the unsold portion at the Property; provided,
<br />however, that Grantor shall never have any right to require the sale or sales of less than the whole of the
<br />Property, but Lender shall have the right at its sole election, to request Trustee to sell less than the whole
<br />of the Property. Lender may bid and become the purchaser of all or any part of the Property at any such
<br />sale, and the amount of Lender's successful bid may be credited on the Obligations. Pursuant to Section
<br />76-1008(3) of the Nebraska Trust Deeds Act, a copy of any notice of default and a copy of any notice of
<br />sale given under this Deed of Trust shall be mailed to each party to this Deed of Trust at the address set
<br />forth for such party in this Deed of Trust at the time and in the manner provided for in such Section
<br />76-1008(3).
<br />Section 7.3 Judicial Action.
<br />Lender shall have the right from time to time to sue Grantor for any sums (whether interest,
<br />damages for failure to pay principal or any installments thereof, taxes, or any other sums required to be paid
<br />under the terms of this Deed of Trust, as the same become due), without regard to whether or not any of the
<br />other Obligations are due, and without prejudice to the right of Lender thereafter to enforce any appropriate
<br />remedy against Grantor, including an action of foreclosure or an action for specific performance, for a
<br />Default or Event of Default existing at the time such earlier action was commenced.
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