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200011176 <br />(a) Lender may declare all sums secured by this Instrument immediately due <br />and payable, including any prepayment premium which Borrower would be required to pay. <br />(b) The Trustee shall have the right to foreclose by notice and sale, or Lender <br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with <br />applicable law. <br />(c) In the event of any foreclosure, to the extent permitted by applicable law, <br />Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are <br />insufficient to satisfy the judgment, execution may issue for any amount by which the unpaid <br />balance of the obligations secured by this Instrument exceeds the net sale proceeds payable to <br />Lender. <br />(d) With respect to all or any part of the Property that constitutes personalty, <br />Lender shall have all rights and remedies of secured party under the Uniform Commercial Code. <br />(e) Lender shall have the right to have a receiver appointed to take possession <br />of any or all of the Property, with the power to protect and preserve the Property, to operate the <br />Property preceding foreclosure or sale, to collect all the Rents from the Property and apply the <br />proceeds, over and above cost of the receivership, against the sums due under this Instrument, <br />and to exercise all of the rights with respect to the Property described in Section 24 above. The <br />receiver may serve without bond if permitted by law. Lender's right to the appointment of a <br />receiver shall exist whether or not apparent value of the Property exceeds the sums due under <br />this Instrument by a substantial amount. Employment by Lender shall not disqualify a person <br />from serving as a receiver. <br />(f) In the event Borrower remains in possession of the Property after the <br />Property is sold as provided above or Lender otherwise becomes entitled to possession of the <br />Property upon default of Borrower, Borrower shall become a tenant at will of Lender or the <br />purchaser of the Property and shall pay a reasonable rental for use of the Property while in <br />Borrower's possession. <br />(g) Trustee and Lender shall have any other right or remedy provided in this <br />Instrument, the Note, or any other Loan Document or instrument delivered by Borrower in <br />connection therewith, or available at law, in equity or otherwise. <br />(h) Lender shall have all the rights and remedies set forth in Sections 23 and <br />24 <br />26.2 Sale of the Propert y. In exercising its rights and remedies, the Trustee or Lender <br />may, at Lender's sole discretion, cause all or any part of the Property to be sold as a whole or in <br />parcels, and certain portions of the Property may be sold without selling other portions. Lender <br />may bid at any public sale on all or any portion of the Property. <br />(a) Sell or offer for sale the Property in the manner provided in the Nebraska <br />Trust Deeds Act and in such portions, order and parcels as Beneficiary may determine, with or <br />without having first taken possession of same, to the highest bidder for cash at public auction. <br />Such sale shall be made in accordance with the laws of the State of Nebraska relating to the sale <br />22 <br />01- 288814.04 <br />Grand Island, NE <br />