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<br />15. REMEDIES: ACCELERATION UPON DEFAULT. In the event of any Event of
<br />Default, Lender may, without notice except as required by law, declare all indebtedness
<br />secured hereby to be due any payable and the same shall thereupon become due and
<br />payable without any presentment, demand, protest or notice of any kind. Thereafter
<br />Lender may:
<br />A. Demand that Trustee exercise the POWER OF SALE granted herein, and
<br />Trustee shall thereafter cause Borrower's interest in the Property to be sold and the
<br />proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />B. Exercise any and all rights provided for in any of the Loan Instruments or by law
<br />upon occurrence of any Event of Default; and
<br />C. Commence an action to foreclose this Trust Deed as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to
<br />be exclusive or any other remedy herein, or in the Loan Instruments, or by law provided or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy
<br />given hereunder or in the Loan Instruments, or now or hereafter existing at law or in
<br />equity or by statute, any may be exercised concurrently, independently or successively.
<br />16. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to
<br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as
<br />then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,
<br />after such time as may then be required by law and after recordation of such Notice of
<br />Default and after Notice of Sale having been given as required by law, sell the Trust
<br />Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or
<br />in separate lots or parcels or items as Trustee shall deem expedient, and in such order as
<br />it may determine, at public auction to the highest bidder for cash, in lawful money of the
<br />United States, payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof, its good and sufficient deed or deeds, conveying the property so sold,
<br />but without any covenant or warranty, express or implied. The recitals in such deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,
<br />including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale,
<br />and Trustor hereby covenants to warrant and defend the title of such purchaser or
<br />purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of
<br />Trustee and of this Trust, including costs of evidence of title in connection with sale,
<br />Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the
<br />terms hereof, not then repaid, with accrued interest at ten (10.0 %) percent per annum, (ii)
<br />all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any
<br />portion of the Trust Estate.
<br />17. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or obligations
<br />secured hereby and to exercise all rights and powers under this Deed of Trust or under
<br />any Loan Instrument or other agreement or any laws now or hereafter in force,
<br />notwithstanding some or all of the such indebtedness and obligations secured hereby
<br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its
<br />enforcement whether by court action or pursuant to the power of sale or other powers
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