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99 i10653 <br /> 10 . Any extensions or modifications of the loan granted by Lender <br /> to any successor in interest of Borrower shall not operate to release the <br /> liability of the original Borrower or Borrower' s successors in interest. <br /> Any forbearance by Lender in exercising any right or remedy shall not be <br /> a waiver of or preclude the exercise of any right or remedy. <br /> 11 . Any notice to Borrower provided for in this Deed of Trust <br /> shall be given by delivering it or mailing it by first class mail unless <br /> Nebraska Law requires use of another method, at the Borrower' s last known <br /> address . <br /> 12 . This Deed of Trust shall be governed by Nebraska law. <br /> 13. Lender shall give notice to Borrower following Borrower' s <br /> breach of any covenant or agreement in this Deed of Trust and the Debt <br /> which it secures . The notice shall specify (a) the default, (b) the <br /> action required to cure the default, (c) a date not less than ten (10) <br /> days from the date the notice is given to Borrower by which the default <br /> must be cured, and (d) that failure to cure the default on or before the <br /> date specified in the notice may result in acceleration of the sum <br /> secured by this Deed of Trust and sale of the Property pursuant to the <br /> power of sale herein granted. The notice shall further inform Borrower <br /> of the right to reinstate, after acceleration, and the right to bring a <br /> court action to assert the nonexistence of a default or any other defense <br /> of Borrower to acceleration and sale. If default is not cured, on or <br /> before the date specified in the notice, Lender, at its option may <br /> require immediate payment in full of all sums secured by this Deed of <br /> Trust without further demand and may invoke the power of sale and any <br /> other remedies permitted by Nebraska law. Lender shall be entitled to <br /> collect all expenses incurred in pursuing the remedies provided in this <br /> paragraph or otherwise taken to protect its interest in collateral <br /> described in this Deed of Trust or enforce any provisions hereof, <br /> including but not limited to reasonable attorney fees and costs of title <br /> evidence. <br /> 14 . If the power of sale is involved, Trustee shall record a notice <br /> of default in each county in which any part of the Property is located <br /> and shall mail copies of such notice in the manner prescribed by N�braska <br /> law. Trustee, without demand on Borrower, shall sell the Property at <br /> public auction to the highest bidder at the time and place and under the <br /> terms designated in the notice of sale in one or more parcels and in any <br /> order Trustee determines. Trustee may postpone sale of all or any parcel <br /> of the Property by public announcement at the time and place of any <br /> previously scheduled sale. Lender or its designee may purchase the <br /> Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall <br /> deliver to the purchaser Trustee' s Deed conveying the Property. Trustee <br /> shall apply the proceeds of sale in the following order: (a) to all <br /> expenses of the sale including, but not limited to, Trustee' s fees as <br /> permitted by Nebraska law and reasonable attorney fees; (b) to all sums <br /> secured by this Deed of Trust; and (c) any excess to the person or <br /> persons legally entitled to it. <br /> 15 . As additional security for the Debt, Borrower hereby assigns <br /> all rents, issues and profits of the Property to Lender. Upon <br /> acceleration under paragraph 13 or abandonment of the Property, Lenders <br /> (in person, by agent or by judicially appointed receiver) shall be <br /> entitled to enter upon, take possession of and manage the Property and <br /> to collect the rents of the Property, including those past due. Any <br /> rents collected by Lender or the receiver shall be applied first to <br /> payment of the costs of management of the Property and collection of <br /> rents including, but not limited to, receiver' s fees, premiums on <br /> receiver' s bonds and reasonable attorney fees, and then to the sums <br /> secured by this Deed of Trust. <br /> 16. Upon payment of all sums as herein provided, Lender shall <br /> direct Trustee to reconvey the Property and shall surrender this Deed of <br /> Trust and the Debt secured hereby. Trustee shall reconvey the Property <br /> without warranty and without charge to the persons legally entitled to <br /> it. <br /> Page 3 of 4 <br />