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<br />200510470
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<br />payable and the same shall thereupon become due and payable without any
<br />presentment, demand, protest or notice of any kind. Thereafter Lender may:
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<br />a) Demand that Trustee exercise the POWER OF SALE granted herein, and
<br />Trustee shall thereafter cause Borrower's interest in the Property to be sold and
<br />the proceeds to be distributed, all in the manner provided in the Nebraska Trust
<br />Deeds Act;
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<br />b) Either in person or by agent, with or without bringing any action or proceedings,
<br />or by a receiver appointed by a court and without regard to the adequacy of its
<br />security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of the Trustee, and do any acts which Lender deems
<br />necessary or desirable to preserve the value, marketability or rentability of the
<br />Property, sue for or otherwise collect the rents, issues and profits thereof,
<br />including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection, including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Lender may determine. The
<br />entering upon and taking possession of the Property, the collection of such rents,
<br />issues and profits and the application thereof as aforesaid, shall not cure or waive
<br />any default or notice of default hereunder or invalidate any act done in response to
<br />such default or pursuant to such notice of default and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application
<br />of rents, issues or profits, Trustee or Lender shall be entitled to exercise every
<br />right provided for in the Note, this Deed of Trust or by law upon occurrence of any
<br />event of default, including the right to exercise the POWER OF SALE; and
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<br />c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof.
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<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be
<br />exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative, shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute, and may be exercised concurrently,
<br />independently or successively.
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<br />10. Trustee. The Trustee may resign at any time without cause, and Lender
<br />may at any time and without cause appoint a successor or substitute Trustee. Trustee
<br />shall not be liable for any loss or damage unless due to actionable negligence or willful
<br />misconduct, and shall not be required to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs,
<br />compensation or expenses which may be associated therewith. In addition, Trustee
<br />may become a purchaser at any sale of the Property Gudicial or under the power of sale
<br />granted herein); postpone the sale of all or any portion of the property, as provided by
<br />law; and to sell the Property as a whole, or in separate parcels or lots.
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<br />11. Fees and Expenses. In the event Trustee sells the Property by exercise of
<br />the Power Of Sale, Trustee shall be entitled to apply any sale proceeds first to payment
<br />of all costs and expenses of exercising the Power Of Sale, including all Trustee's fees,
<br />and Lender's and Trustee's attorney's fees, actually incurred to the extent permitted by
<br />applicable law. In the event Borrower or Trustor exercises any right provided by law to
<br />cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and
<br />expenses actually incurred as a result of Trustor's default, including without limitation all
<br />Trustee's and attorney's fees, to the extent permitted by applicable law.
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<br />12. Miscellaneous Provisions.
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<br />a) Borrower Not Released. Extension of the time for payment or modification of
<br />amortization of the sums secured by this Deed of Trust granted by Lender to any
<br />successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors in interest. Lender
<br />shall not be required to commence proceedings against such successor or refuse
<br />to extend time for payment or otherwise modify amortization of the sums secured
<br />by this Deed of Trust by reason of any demands made by the original Borrower
<br />and Borrower's successors in interest.
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