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<br />200702694 <br /> <br />secured by this security Instrument by reason of any demand made by the <br />original Trustor or Trustor's successors in interest. Any forbearance by <br />Beneficiary in exercising any right or remedy shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br /> <br />13. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. <br />If all or any part of the Property or any interest in it is sold or <br />transferred (or if a beneficial interest in Trustor is sold or transferred and <br />Trustor is not a natural person) without Beneficiary's prior written consent, <br />Beneficiary may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument, however, this option shall not be <br />exercised by Beneficiary if exercise is prohibited by federal law as of the <br />date of this Security Instrument. If Beneficiary exercises this option, <br />Beneficiary shall give Trustor notice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date the notice is delivered <br />or mailed within which the Trustor must pay all sums secured by this Security <br />Instrument. If Trustor fails to pay these sums prior to the expiration of this <br />period, Beneficiary may invoke any remedies permitted by this Security <br />Instrument without further notice or demand on Trustor. <br /> <br />14 . EVENTS OF DEFAULT. <br />deemed an event of default hereunder: <br /> <br />Any of the following events shall be <br /> <br />a. Trustor shall have failed to make payment of any <br />installment of interest, principal, or principal and interest or any other sum <br />secured hereby when due; or <br /> <br />b. There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, representation or warranty <br />contained in any of the Loan Instruments. <br /> <br />15. ACCELERATION; REMEDIES. Beneficiary shall give notice of <br />default to Trustor prior to acceleration following Trustor's breach of any <br />covenant or agreement in this Trust Deed in accordance with the requirements of <br />the Nebraska Trust Deed Act. If the default is not cured on or before the date <br />specified in the notice, Beneficiary at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and exercise all other rights and <br />remedies permitted by applicable law. Trustor shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph, <br />including, but not limited to, reasonable attorney's fees and costs of title <br />evidence. If power of sale is invoked, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, <br />without demand on Trustor, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. <br />Beneficiary or its designee may purchase the Property at any sale. Upon <br />receipt of payment of the price bid, Trustee shall deliver to the purchaser <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed <br />shall be prima facie evidence of the truth of the statements made therein. <br />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 <br />permitted by applicable law and reasonable attorney's fees; (b) to all sums <br />secured by this Security Instrument; (c) to junior lienholders; and (d) any <br />excess to the person or persons legally entitled to it. <br /> <br />16. ASSIGNMENT OF RENTS. As additional security, Trustor hereby <br />assigns to Beneficiary the rents of the Property, provided that Trustor shall, <br />prior to acceleration hereunder or abandonment of the Property, have the right <br />to collect and retain such rents as they become due and payable. Upon <br />acceleration as provided herein or abandonment of the Property, Beneficiary (in <br />person, by agent or by judicially appointed receiver) shall be entitled to <br />enter upon, take possession of and manage the Property and to collect the rents <br />of the Property including those past due. Any rents collected by Beneficiary <br />or the receiver shall be applied first to payment of the costs of management of <br />the Property and collection of rents, including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorney's fees, and then to <br />the sums secured by this Security Instrument. <br /> <br />17. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of <br />them, shall be entitled to enforce payment and performance of any indebtedness <br />or obligations secured hereby and to exercise all rights and powers under this <br />Deed of Trust or under any Loan Instrument or other agreement or any laws now <br />