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202305686 <br />11. Notice. Except for any notice required under applicable law to be given in another <br />manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by mailing such notice <br />by certified mail, return receipt requested, addressed to Trustor at its mailing address set forth above or at <br />such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any <br />notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's <br />and Trustee's mailing addresses stated herein or to such other addresses as Beneficiary or Trustee may <br />designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust shall be <br />deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated <br />herein. <br />12. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with applicable <br />law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without <br />the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable. <br />13. Events of Default. Each of the following occurrences shall constitute an event of default <br />hereunder (hereinafter called an "Event of Default"): (a) Trustor shall fail to pay when due any principal, <br />interest, or principal and interest on the Indebtedness and such failure shall continue for ten (10) days <br />after receipt by Trustor of written notice of such failure; (b) any warranty of title made by Trustor herein <br />shall be untrue; (c) Trustor shall fail to observe or perform any of the covenants, agreements or conditions <br />in this Deed of Trust; or (d) Trustor shall sell or convey the Trust Property, or any part thereof, or any <br />interest therein, or shall be divested of its title, or any interest therein, in any manner or way, whether <br />voluntarily or involuntarily, without the written consent of Beneficiary being first had and obtained. <br />14. Acceleration of Debt; Foreclosure. Upon the occurrence of any Event of Default, or any <br />time thereafter, Beneficiary may, at its option, declare all the Indebtedness secured hereby immediately <br />due and payable, and, irrespective of whether Beneficiary exercises said option, it may, at its option and <br />in its sole discretion, without any further notice or demand to or upon Trustor, do one or more of the <br />following: Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any <br />part thereof; make repairs and alterations and do any acts which Beneficiary deems proper to protect the <br />security thereof, and either with or without taking possession, in its own name, sue for or otherwise <br />collect and receive rents, issues and profits, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary's costs, <br />upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of <br />Beneficiary, Trustor shall assemble and shall make available to Beneficiary any of the Trust Property <br />which has been removed. The entering upon and taking possession of the Trust Property, the collection <br />of any rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any <br />default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or <br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in <br />possession or receipt and application of rents, issues or profits, Beneficiary shall be entitled to exercise <br />every right provided for in this Deed of Trust or by law upon or after the occurrence of an Event of <br />Default, including the right to exercise the power of sale. Any of the actions referred to in this paragraph <br />may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of <br />any security for the Indebtedness secured hereby. Beneficiary shall, without regard to the adequacy of <br />any security for the Indebtedness secured hereby, be entitled to the appointment of a receiver by any court <br />having jurisdiction, without notice, to take possession of, protect and manage the Trust Property and <br />operate the same and collect the rents, issues and profits therefrom. Beneficiary may elect to cause the <br />Trust Property or any part thereof to be sold under the power of sale, and in such event, Beneficiary or <br />3076407v3 4 <br />