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202406301
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Last modified
12/12/2024 3:22:00 PM
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12/12/2024 3:22:00 PM
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DEEDS
Inst Number
202406301
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202406301 <br />(m) Abandonment of the Property; <br />(n) A material adverse change occurs in Borrower's or Trustor's financial <br />condition, or Beneficiary believes the prospect of payment or performance of the <br />indebtedness is impaired; or <br />(o) Beneficiary in good faith believes itself insecure. <br />11. Remedies; Acceleration Upon Default. Upon occurrence of any Event of Default, <br />Beneficiary may, without notice except as required by law, declare all indebtedness secured hereby <br />to be due and payable, and the same shall thereupon become due and payable without any <br />presentment, demand, protest, or notice of any kind. Thereafter, Beneficiary may: <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, <br />and Trustee shall thereafter cause Trustor's interest in the Property to be sold and <br />the proceeds to be distributed, all in the manner provided in the Nebraska Trust <br />Deeds Act; <br />(b) Exercise any and all rights provided for in the Note, this Deed of Trust, <br />or by law; and <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof. <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive <br />of any other remedy herein, in the Note, or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder, in the Note, or now or <br />hereafter existing at law or in equity or by statute, and may be exercised concurrently, <br />independently, or successively. <br />12. Future Advances. Upon request of Borrower, Beneficiary may, at its option, make <br />additional and future advances and re -advances to Borrower. Such advances and re -advances, <br />with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount <br />of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the <br />security of this Deed of Trust, exceed the original principal amount stated herein. <br />13. Miscellaneous Provisions. <br />(a) Borrower Not Released. Extension of the time for payment, or <br />modification of amortization, of the sums secured by this Deed of Trust granted by <br />Beneficiary to any successor in interest of Borrower shall not operate to release, in <br />any manner, the liability of the original Borrower and Borrower's successors in <br />interest. Beneficiary shall not be required to commence proceedings against such <br />successor or refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Deed of Trust by reason of any demands made by the <br />original Borrower and Borrower's successors in interest. <br />(b) Beneficiary's Powers. Without affecting the liability of any other <br />person liable for the payment of any obligation mentioned herein, and without <br />affecting the lien or charge of this Deed of Trust upon any portion of the Property <br />not then or theretofore released as a security for the full amount of all unpaid <br />obligations, Beneficiary may from time to time and without notice (i) release any <br />person so liable; (ii) extend the maturity or alter any of the terms of any such <br />obligations; (iii) grant other indulgences; (iv) release or reconvey, or cause to be <br />released or reconveyed, at any time at Beneficiary's option any parcel, portion, or <br />all of the Property; (v) take or release any other or additional security for any <br />obligation mentioned herein; or (vi) make compositions or other arrangements with <br />debtors in relation thereto. <br />(c) Forbearance by Beneficiary Not a Waiver. Any forbearance by <br />Beneficiary in exercising any right or remedy hereunder or otherwise afforded by <br />applicable law shall not be a waiver of, or preclude the exercise of, any such right <br />or remedy. The procurement of insurance or the payment of taxes or other liens or <br />charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the <br />maturity of the indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. <br />The covenants and agreements contained herein shall bind, and the rights hereunder <br />shall inure to, the respective successors and assigns of Beneficiary and Trustor. All <br />covenants and agreements of Trustor shall be joint and several. The captions and <br />headings of the paragraphs of this Deed of Trust are for convenience only and are <br />not to be used to interpret or define the provisions hereof. <br />Page 4 of 6 <br />
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