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4 200410750 <br />by the Lender for the above purposes, and any sums so expended by the Lender shall be added to <br />the indebtedness secured hereby and become subject to the lien hereof. Lender shall not incur any <br />personal liability because of anything they may do or omit to do hereunder. <br />8. Notice. Any notice to Borrower provided for in this Deed of Trust or by applicable <br />law shall be given by mailing by certified mail, return- receipt requested, addressed to Borrower at <br />the address as set out on the first page hereof, or at such other address as the Borrower shall <br />designate by notice to Lender in writing; any notice to Lender or Trustee shall be given by certified <br />mail, return- receipt requested, to Lender's or Trustee's address, respectively, as set out in the first <br />page hereof or to such other address as the Lender or Trustee may designate by notice to Borrower. <br />Notice shall be deemed to be given when mailed. All parties hereby request that any notice of <br />default and any notice of sale be mailed to them at the addresses set out herein. <br />9. Assigmnent of Rents. As additional security hereunder, Borrower hereby assigns <br />Lender the rents of the property, provided that Borrower shall have the right to collect and retain <br />such rents prior to default hereunder. Upon default and acceleration, Lender shall be entitled to enter <br />upon, take possession of, and manage the property and collect rents and apply the same to the <br />indebtedness. Such collection may be in person, by agent or duly appointed receiver. <br />10. Transfer of Propert y. If all or any part of the Property or any interest therein is sold <br />or transferred without the express written consent of the Lender, Lender may at their sole option <br />declare all sums secured by this Deed of Trust to be immediately due and payable. <br />11. Miscellaneous Covenants. Lender and Borrower agree as follows: (a) that Borrower <br />has received a copy of the Note and this Deed of Trust at the time of execution; (b) any forbearance <br />in exercising any right or remedy shall not be a waiver thereof, (c) all remedies herein are distinct <br />and cumulative to any other right afforded by law or equity, and may be exercised concurrently, <br />independently or successively; (d) the covenants and agreements contained herein shall bind, and <br />the rights inure to, the respective successors and assigns of the Borrower and the Lender; (e) the <br />headings of the paragraphs of this Deed of Trust are for convenience only and shall not be used to <br />interpret or define the provisions hereof. <br />12. Acceleration: Remedies. Upon Borrower's breach of any covenant or agreement of <br />Borrower in this Deed of Trust, including the covenants to pay when due any sums due by this Deed <br />of Trust, Lender may, at Lender's option, declare all sums secured by this Deed of Trust to be <br />immediately due and payable without further demand and may invoke the power of sale and any <br />other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs <br />incurred in pursuing her remedies, including but not limited to Trustee fees and a reasonable attorney <br />fee. <br />13. Power of Sale. The Trustee named herein is hereby given the Power to Sell the <br />property described herein in the manner provided in the Nebraska Trust Deeds Act. If the power of <br />sale is invoked, Trustee shall record a notice of default in each county in which the Property or some <br />