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202505118 <br />remedy provided hereunder by this Deed of Trust to Trustee or Beneficiary or to which <br />any of them may be otherwise entitled, may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by Trustee or Beneficiary and <br />any of them may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting the Beneficiary from seeking a deficiency judgment against the Borrower to the <br />extent such action is permitted by Governing Law. <br />20. Subject to any notice requirements of this Deed of Trust, in the event of the <br />occurrence of any Event of Default as defined in the Note or as provided in this Deed of <br />Trust, Beneficiary, at its option, may declare any or all obligations to be due and payable <br />and the same shall thereupon become immediately due and payable without any <br />presentment, demand, protest or notice of any kind. If the amounts due are accelerated <br />under this paragraph, Borrower hereby expressly waives protest, presentment for <br />payment, demand for payment, notice of nonpayment, and protest of dishonor. Thereafter, <br />Beneficiary may, at its sole and exclusive option: <br />(a) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or to specifically enforce any of the covenants hereof; <br />(b) Demand that the Trustee exercise the power of sale granted herein; or <br />(c) Exercise any and all rights provided for in the Note or by Governing Law upon the <br />occurrence of any Event of Default. <br />21. Should Beneficiary elect to demand that Trustee exercise the power of sale herein <br />contained, Trustee shall commence to sell the Property, apply the proceeds therefrom, and <br />otherwise enforce the power of sale in accordance with the terms of the Nebraska Trust <br />Deeds Act or by successor statute in effect at such time (hereinafter collectively referred to <br />as the "Act"). <br />22. Any forbearance by Beneficiary or Trustee in exercising any right or remedy <br />hereunder, or otherwise afforded by Governing Law, shall not be a waiver of or preclude <br />the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary <br />or Trustee of any Event of Default under this Deed of Trust shall not be deemed to be a <br />waiver of any other or similar Events of Default. <br />23. Duties and Obligations of Trustee. <br />(a) The duties and obligations of the Trustee shall be determined solely by the express <br />provisions of this Deed of Trust and of the Act. The Trustee shall not be liable except <br />for the performance of such duties and obligations as are specifically set forth <br />herein, and in the Act, and no implied covenants or obligations shall be imposed <br />upon the Trustee. <br />8 <br />