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200314319 <br />Unless Beneficiary and Trustor otherwise agree in writing, any payments or proceeds <br />from insurance shall not extend or postpone the due date of the monthly payments provided in <br />said note, or change the amount of the payments. <br />6. If Trustor fails to perform the covenants and agreements herein contained, <br />Beneficiary may do and pay for whatever is necessary to protect the value of the property and <br />Beneficiary's rights in the property, including the paying of any sum secured by a lien which has <br />priority over this security instrument, appearing in court, paying reasonable attorney fees and <br />entering the property to make repairs. Any amount disbursed by Beneficiary under this <br />paragraph shall become an additional debt of Trustor secured by this security instrument, to bear <br />interest from the date of disbursement and said amount, together with the then unpaid principal <br />amount, shall bear interest at the highest lawful rate until refunded by Trustor. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Beneficiary and shall be applied to the sums secured by this security instrument, whether or not <br />then due, with any excess paid to Trustor. <br />8. Any forbearance by Beneficiary in exercising any right or remedy shall not be a <br />waiver of or preclude the exercise of any right or remedy. <br />9. Any notice to Trustor provided for in this security instrument shall be given by <br />delivering it or may mailing it by first class mail unless Nebraska Law requires use of another <br />method, at the Trustor's last known address. <br />10. This security instrument and the note, which it secures, shall be governed by <br />Nebraska law. <br />11. Beneficiary shall give notice to Trustor following Trustor's breach of any <br />covenant or agreement in this security agreement and the note, which it secures. The notice shall <br />specify (a) the default, (b) the action required to cure the default, (c) a date not less than thirty <br />(30) days from the date of the notice is given to Trustor by which the default must be cured, and <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sum secured by this security agreement and resale of the property. The notice <br />shall further inform Trustor of the right to reinstate, after acceleration, and the right to bring a <br />court action to assert the nonexistence of a default or any other defense of Trustor to acceleration <br />and sale. If default is not cured, on or before the date specified in the notice, Beneficiary, at its <br />option, may require immediate payment in full of all sums secured by this Security Agreement <br />without further demand and may invoke the power of sale and any other remedies permitted by <br />Nebraska law. Beneficiary shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this paragraph, including but not limited to reasonable attorney fees and <br />costs of title evidence. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by Nebraska law. Trustee, without demand on Trustor, shall sell the <br />property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale of all or any parcel of the property by public announcement at the <br />time and place of any previously scheduled sale. Beneficiary or its designee may purchase the <br />property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />Deed conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of sale in the following <br />order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as permitted by <br />Nebraska law and reasonable attorney fees; (b) to all sums secured by this security agreement; <br />and (c) any excess to the person or persons legally entitled to it. <br />13. Upon acceleration under Paragraph 12 or abandonment of the property, <br />Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter <br />upon, take possession of and manage the property and to collect the rents of the property, <br />including those past due. Any rents collected by Beneficiary or the receiver shall be applied first <br />