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200410446 <br />pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Trustor. <br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of <br />default hereunder: <br />a. Trustor shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when due; or <br />b. There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments. <br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior <br />to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in accordance with <br />the requirements of the Nebraska Trust Deed Act. If the default is not cured on or before the date specified <br />in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by this <br />Security Instrument without further demand and may invoke the power of sale and exercise all other rights <br />and remedies permitted by applicable law. Trustor shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees <br />and costs of title evidence. If power of sale is invoked, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property <br />at public auction to the highest bidder at the time and place and under the terms designated in the notice <br />of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Beneficiary or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's <br />deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, <br />Trustee's fees as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this <br />Security Instrument; (c) to junior lienholders; and (d) any excess to the person or persons legally entitled to <br />it. <br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to <br />Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or <br />abandonment of the Property, have the right to collect and retain such rents as they become due and <br />payable. Upon acceleration as provided herein or abandonment of the Property, Beneficiary (in person, by <br />agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to collect the rents of the Property including those past due. Any rents collected by Beneficiary <br />or the receiver shall be applied first to payment of the costs of management of the Property and collection <br />of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's <br />fees, and then to the sums secured by this Security Instrument. <br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to <br />exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement <br />or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations <br />secured hereby 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 enforcement whether by <br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter <br />held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee <br />in such order and manner as they or either of them may in their absolute discretion determine. No remedy <br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or <br />remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may <br />be deemed expedient by Trustee or Beneficiary and either or them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the <br />Trustor to the extent such action is permitted by law. <br />17. FIXTURE FILING. To the extent that improvements and Property constitute fixtures, <br />this instrument shall be filed in the real estate records of the County of the location of the Property and be <br />deemed a fixture filing. <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State <br />of Nebraska. In the event that any provisions or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given <br />3 <br />