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<br />time, in de a rlt w s-
<br />it: recr to payment of any indebtedne ss secured hereby, or in the performance o1 any agreerricrrt hereunder. if any
<br />event of d =fault described hereafter in respect. to this Deed of Trust shall ha-e occtnred and be continuing, the Beneficiary, as a matter
<br />of r3 . ^,t and without notice :o Trusiors or anyone claiming under Ttustors, and ivithout regard to the�'value of the trust estate or the
<br />tnte: est of cite Trstors *.herein, sbail have the right to apply to any court haying jurisdiction to appoint a receiver of the property.
<br />S. The Beneficiary, or its agerts, sre authorized to enter at any reasonable time upon or in any part of the property for the purpose
<br />of irsYect ;rag the sar;e art; for the purpose of perfomring any of the nets they are authorized to perform under the terms of any loan
<br />rostrum= s executed by Trstors..
<br />9_ If aII or any part of the property or any interest of Trustors is sold, transferred or further encumbered without the.sritten conscrtt
<br />of t e Be ncfic -arv, the Beneficiary may declare all sums secured by this Trust Deed to be irrhmediately due and va,,able and proceed to
<br />the re rc - -es available to it under the default provisions contained herein.
<br />10. .1.r._: of the following events shall be deemed an event of default hereunder
<br />a. ?rasters stroll have failed to rmke pa;rtent of any inst-lin -nut of principal cr interest or any other sums secured hereby when
<br />due_
<br />b_ These has occurred a breach of or default un-Ocr any ter :t cove. -a agreement conditio.- fov lion, r:r:esentation or %- artarty
<br />ccntained iz this Deed of Trust, the note or ary other loan instrument secured hereby,
<br />c. T"ne ?e has been a aefaalt b;- the Trrstors in- the payment of any prior or subsequent lien or encumbrance in respect to all or any
<br />par. ofthc'
<br />d. Tnstors shall tiie a voltlntary petition in ba.kruptcy or shall be adjudicated bank-rupt or ins :l ent or shall make an assignment.
<br />fcr ._ c.ene ;it of credito -s in rercect to the property; or an action to ettforee any lien or cnicumbrance or judgments against the
<br />ra • - ig _orr'j: _..ctrl_
<br />I1. In rho con: of any default, the Bencficiary may declare all indebtedness secured hereby to be due and payable and the same
<br />shall t :rcreupon become due and payable without any presentment, demand, protest or notice of imv kind. Thereafter, the Benefician
<br />may_
<br />a. either in Person or by agent, with or without bringing anv action or proceeding, or by receiver appointed by a cou:'t and Without
<br />regard to the adeouacv of anv security, enter upon and take possession of the property, or any part thereof, in its own name or in
<br />t o torte o: the Trustee, and do anv acts which it deems necessary and desirable to preserve the value, marketability or
<br />ren.,2bility or the property, or pan thereof, or interest therein, inercase the income therefrom or protect the security hereof and.
<br />stiidtout taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />clue and unpaid, and appiy the same, less costs and expenses of operation and collection, including attorney fees, upon any
<br />indebtedness secured hereby, all in such order as the Beneficiary may determine_ The entering upon and taking possession of
<br />the trust estate. the collection of such rents, issues and profits and application thereof as aforesaid shall not cure or waive any
<br />deftult. or notice of default hereunder or invalidate any act and iri response to such default or pursuant to such notice of default
<br />and not,,vithstanding the continuance in possession of the property or the collection, receipt and application of rents, issues or
<br />piel -its, Trustee or the Beneficiary- may be entitled to exercise every right provided for in any of the loan instruments or by law
<br />upon occurrence of anv event of default, including the right to exercise the power of sale;
<br />b, commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver,' or specifically enforce any of the
<br />covenants hereof;
<br />C. deliver to Truslec a :vrim_r1 declaration of default and demand for sale, and wTittCXnotice of default and election to cause
<br />Tnrstors' interest in the property to he sold, which notice rrumcc shall cause to be duly filed for record in the official records of
<br />the county in which the property is located.
<br />12. Should the Beneficiary elect to foreclose by exercise of the po Wer.of sale herein contalned, the Beneficiary small notify Trustee
<br />and shall d_p osit with Trustee this Deed of Tras: and the note and such receipts and evidence of exMd tares made and secured herebv
<br />as Trustee may require, and upon request of the Beneficiary, the Trustee'shall cause to be if,trblished and deliyerrd to Tatstor
<br />such Notice of DefauL and Notice of Sale as then required by law and by this Deed of Trust. 1' : tec shall without demand on Trustor,
<br />after such time as may then be required by law and after recordation of such Notice of Defau slid after Notice of Sale having been
<br />given as required by law, sell the property at the time and place of sale fixed by it in such '41e of Sale. either as a whole, or in
<br />separate lots or parcels or items as Trustee shall. deem. expedient, and in such order as it may de Ee`rrnine. at public auction to the highest
<br />t i act `Ur ca. =,1-1 a:-,(.' s all doliver to such pt chaser or purchasers ih -,neof z deed to the property sold, consistent with the law then in
<br />effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the
<br />proceeds of mth sale in tic following order: (a) to all reasonable costs and expenses of the sale, includine but not limited to Trustee's
<br />fees of no' more than 2% of the gross sale price, reasonable attorneyfees and toss of title evidence; (b) to all sums secured by this
<br />Decd of Trust; and (c) the ea: ess, .T any, to the person or persons legzlly entitled thereto: Any person, including the Beneficiary'
<br />purchase said propert) at said s,ae. Trustee may in thz manner provided bylaw, postpone sale of all or any portion of the property.
<br />13. Trustee and the Beneficiar,•, and each of them, shall be entitled to enforce payirrent a;. Performance of anv indebtedness or
<br />obligation secured hereby and to exercise all rights and powers under this• Deed of Trust :alder any loan instrument or other
<br />agreement or arty laws nor or hereafter enforced not-,vitlrstanding some or all of the indebtedness and obligations secured hereby, which
<br />may now or hereafter be otherwise secu. ed, whcthc: by mortgage, decd of must, pledge, lictr; assignment or otherwise. Neither the
<br />acceptance of this Deed of Twist nor its errrorcemer.t, \vlhether by court action oT pursuanrto theyposver of sale or ot,`ter rowers }herein
<br />cortam d. shall prejudice or in any manner s!}ect Trustee's or the Benefician's right.?o,realiie upon. or enforce any other security nr u
<br />Or hereafter held by Trustee or the Benefcian, it being agreed that :Trustee and I' ie Beneichry and each of them, shall be emitted to
<br />enforce this feed of Trust and any other security now or hereafter held „by tFie; i'3eneC6ary or.Tnistee in such order and manner as they
<br />:nay in their absolute discretion dctermine. No reatedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br />exclusive of any other remedy herein or by law propsided or permitted, but each shall be cumulative and shall be in addition to every
<br />Other rerrre•dy given hereunder or now or hereafter existing at law or equity or by statute. Every power or remedy given by any of the
<br />loan insu•urnents to Trustee or the Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or
<br />independently, from time to tilrtc and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary from seeking a deficiency judgment against
<br />Tnrstors to tihe extent such -tion is permitted by law.
<br />, . `: rrstors hereby rcquesi a copy of any notice of default and that any notice of We hereunder be mailed to Tnstors at the address
<br />set forth in the first paragraph of this Deed of Trust.
<br />15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, nailed to Trustors and recorded in
<br />the County in which the property is located and by otherwise complying with the provisions of tike applicable law of the State of
<br />Nebraska, substitute a successor to the Trustee named ]herein or acting hereunder.
<br />16. Thk Decd of "Inhst appiies to and inures to die benefit ,f and binds all parties hereto, their heirs, personal representatives,
<br />successors and assigns_ The term "Beneficiary” shall mean the owner and holder of the note.,.-hether or not named as Beneficiary
<br />herein.
<br />17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without
<br />fecting 'Nhc lien, or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for thus
<br />'i payment of all unpaid obligations, the Beneficiary may, from tirne to time and without notice: (a) release any persons so liable; (b)
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