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200403153 <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 <br />5 <br />