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200403671 <br />(f) Institute proceedings for the complete foreclosure of this <br />Deed of Trust, either by judicial action or by power of sale, in which case the Trust <br />Property may be sold for cash or credit in accordance with applicable law in one or more <br />parcels as Beneficiary may determine. Except as otherwise required by applicable law, <br />with respect to any notices required or permitted under the UCC, Grantor agrees that five <br />(5) days' prior written notice shall be deemed commercially reasonable. At any such sale <br />by virtue of any judicial proceedings, power of sale, or any other legal right, remedy or <br />recourse, the title to and right of possession of any such property shall pass to the <br />purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely <br />and irrevocably divested of all of its right, title, interest, claim, equity, equity of <br />redemption, and demand whatsoever, either at law or in equity, in and to the property <br />sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and <br />against all other Persons claiming or to claim the property sold or any part thereof, by, <br />through or under Grantor. Beneficiary or any of the Lenders may be a purchaser at such <br />sale. If Beneficiary is the highest bidder, Beneficiary may credit the portion of the <br />purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of <br />paying cash. In the event this Deed of Trust is foreclosed by judicial action, <br />appraisement and valuation of the Trust Property is waived. In the event of any sale made <br />under or by virtue of this Article 5 (whether made by virtue of judicial proceedings or of <br />a judgment or decree of foreclosure and sale) the entire Indebtedness, if not previously <br />due and payable, immediately thereupon shall become due and payable. The failure to <br />make any such tenants of the Premises party to any such foreclosure proceedings and to <br />foreclose t heir r ights w ill n of b e, nor be asserted to be by Grantor, a defense to any <br />proceedings instituted by Beneficiary to collect the sums secured hereby. <br />(g) With or without entry, to the extent permitted and pursuant <br />to the procedures provided by applicable law, institute proceedings for the partial <br />foreclosure of this Deed of Trust for the portion of the Indebtedness then due and payable <br />(if Beneficiary shall have elected not to declare the entire Indebtedness to be immediately <br />due and owing), subject to the continuing lien of this Deed of Trust for the balance of the <br />Indebtedness not then due; or (1) as and to the extent permitted by law, sell for cash or <br />upon credit the Trust Property or any part thereof and all estate, claim, demand, right, <br />title a nd i nterest o f G rantor t herein, p ursuant t o p ower o f s ale o r o therwise, at one or <br />more sales, as an entity or in parcels, at such time and place, upon such terms and after <br />such notice thereof as may be required or permitted by law, and in the event of a sale, by <br />foreclosure or otherwise, of less than all of the Trust Property, this Deed of Trust shall <br />continue as a lien on the remaining portion of the Trust Property; or (2) institute an <br />action, suit or proceeding in equity for the specific performance of any covenant, <br />condition or agreement contained herein or in any Note Document; or (3) to the extent <br />permitted by applicable law, recover judgment on the Loan Agreement either before, <br />during or after any proceedings for the enforcement of this Deed of Trust. <br />HALL COUNTY, NE 9 <br />LAI 570091v2 <br />