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<br />200700035 <br /> <br />Section 7.2 <br /> <br />Foreclosure: Power of Sale. <br /> <br />Lender may require Trustee, and Trustee is hereby authorized and empowered, to enter and take <br />possession of the Property and to sell all or part of the Property in accordance with the Nebraska Trust <br />Deeds Act, as the same may be hereafter amended or modified. Trustee may sell all or any portion of the <br />Property, together or in lots or parcels, and may execute and deliver to the purchaser or purchasers of such <br />property a conveyance in fee simple. Trustee shall receive the proceeds thereof and, subject to the <br />requirements of the Nebraska Trust Deeds Act, shall apply the same as follows: (a) First, the payment of <br />the expenses of making, maintaining and executing this trust, protection of the Property, including the <br />expense of any litigation and reasonable attorneys' fees, and compensation to Trustee comprised of actual <br />fees plus an administrative fee of no less than the maximum interest allowed by Law; (b) second, to any <br />advancements made by Trustee or Lender pursuant hereto, with interest thereon; (c) third, to the payment <br />of the Obligations herein secured or intended so to be, in such order as Lender shall elect, and any balance <br />of said Obligations may be the subject of immediate suit; (d) and, fourth, should there be any surplus, <br />Trustee will pay it to Grantor, or to such person as may be legally entitled thereto. The sale or sales by <br />Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and <br />Trustee is specifically empowered to make successive sale or sales under such power until the whole of <br />the Property shall be sold; and if the proceeds of such sale or sales of less than the whole of the Property <br />shall be less than the aggregate of the Obligations and the expenses thereof, this Deed of Trust and the <br />lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion <br />at the Property; provided, however, that Grantor shall never have any right to require the sale or sales of <br />less than the whole of the Property, but Lender shall have the right at its sole election, to request Trustee <br />to sell less than the whole of the Property. Lender may bid and become the purchaser of-all or any part of <br />the Property at any such sale, and the amount of Lender's successful bid may be credited on the <br />Obligations. <br /> <br />Section 7.3 Judicial Action. <br /> <br />Lender shall have the right from time to time to sue Grantor for any sums (whether interest, <br />damages for failure to pay principal or any installments thereof, taxes, or any other sums required to be <br />paid under the terms of this Deed of Trust, as the same become due), without regard to whether or not any <br />of the other Obligations shall be due, and without prejudice to the right of Lender thereafter to enforce <br />any appropriate remedy against Grantor, including an action of foreclosure or an action for specific <br />performance, for a Default or Event of Default existing at the time such earlier action was commenced. <br /> <br />Section 7.4 Collection of Rents. <br /> <br />Upon the occurrence of an Event of Default, the license granted to Grantor to collect the Rents <br />shall be automatically and immediately revoked, without further notice to or demand upon Grantor. <br />Lender may, but shall not be obligated to, perform any or all obligations of the landlord under any or all <br />of the Leases, and Lender may, but shall not be obligated to, exercise and enforce any or all of Grantor's <br />rights under the Leases. Without limitation to the generality of the foregoing, Lender may notify the <br />tenants under the Leases that all Rents are to be paid to Lender, and following such notice all Rents shall <br />be paid directly to Lender and not to Grantor or any other Person other than as directed by Lender, it <br />being understood that a demand by Lender on any tenant under the Leases for the payment of Rent shall <br />be sufficient to warrant payment by such tenant of Rent to Lender without the necessity of further consent <br />by Grantor. Grantor hereby irrevocably authorizes and directs the tenants under the Lease to pay all <br />Rents to Lender instead of to Grantor, upon receipt of written notice from Lender, without the necessity <br />of any inquiry of Grantor and without the necessity of determining the existence or non-existence of an <br />Event of Default. Grantor hereby appoints Lender as Grantor's attorney-in-fact with full power of <br />substitution, which appointment shall take effect upon the occurrence of an Event of Default and is <br />coupled with an interest and is irrevocable prior to the full and final payment and performance of the <br />Obligations, in Grantor's name or in Lender's name: (a) to endorse all checks and other instruments <br /> <br />Hall County, Nebraska <br />Error! Unknown document property name. <br /> <br />14 <br />