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200302650 <br />scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of <br />payment of the price bid, Trustee shall deliver to the purchaser Trustee's decd conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law <br />and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; (D) to junior <br />lienholders; and (d) any excess to the person or persons legally entitled to it. <br />15. ASSIGNMENT OF RENTS. As additional security, Truster hereby assigns <br />to Beneficiary the rents of the Property, provided that Truslor shall, prior to acceleration hereunder <br />or abandonment of the Property, have the right to collect and retain such rents as they become due <br />and payable. Upon acceleration as provided herein or abandonment of the Property, Beneficiary (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession <br />of and manage the Property and to collect the rents of the Property including those past due. Any <br />rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of <br />management of the Property and collection of rents, including, but not limited to, receiver's fees, <br />premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this <br />Security Instrument. <br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument <br />or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Decd of Trust nor its enforcement whether by court action or pursuant to the power of sale or other <br />powers herein contained, shall prejudice or in any manner affect Trustee's- or Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being <br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as <br />they or either of them may in their absolute discretion determine. No remedy herein conferred upon <br />or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by <br />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 <br />or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them <br />may be otherwise entitled, may be exercised, concurrently or independently, from time to time and <br />as often as may be deemed expedient by Trustee or Beneficiary and either or them may pursue <br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking <br />a deficiency judgment against the Truslor to the extent such action is permitted by law. <br />17. FIXTURE FILING. To the extent that improvements and Property constitute <br />fixtures, this instrument shall be filed in the real estate records of the County of the location of the <br />Property and be deemed a fixture fi ling. <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of <br />the State of Nebraska. In the event that any provisions or clause of any of the Loan Instruments <br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan <br />Instruments which can be given effect without the conflicting provision, and to this end the <br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, <br />changed, discharged or terminated orally, but only by an instrument in writing signed by the party <br />against whom enforcement of any waiver, change, discharge or termination is sought. <br />19. TRUSTEE'S FEE. In the event of default, unless specifically waived in <br />writing by Trustee, Truslor agrees to pay Trustee a fee equal to $50.00, or one -half ('h) of one <br />percent (1 %) of the entire unpaid principal sum secured, whichever is greater, subject to the limits <br />of Neb. Rev. Star. §76 -1012, as amended. <br />20. RECONVEYANCE. Upon payment of all sums secured by this Security <br />Instrument, Beneficiary shall request Trustee to reconvey the Property and shall surrender this <br />A2 4 <br />N�, z <br />