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<br />of right and without notice to Trustors or anyone c1a~gg~Je9>>uRo~, ~nd without regard to the value of the trust estate or the <br />interest of the Trustors therein, shall have the right to apply to any court having jurisdiction to appoint a receiver of the property. <br />8. The Beneficiary, or its agents, are authorized to enter at any reasonable time upon or in any part of the property for the purpose <br />of inspecting the same and for the purpose of performing any of the acts they are authorized to perform under the terms of any loan <br />instruments executed by Trustors. <br />9. If all or any part of the property or any interest of Trustors is sold, transferred or further encumbered without the written consent <br />of the Beneficiary, the Beneficiary may declare all sums secured by this Trust Deed to be immediately due and payable and proceed to <br />the remedies available to it under the default provisions contained herein. <br />10. Any of the following events shall be deemed an event of default hereunder: <br />a. Trustors shall have failed to make payment of any installment of principal or interest or any other sums secured hereby when <br />due; <br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty <br />contained in this Deed of Trust, the note or any other loan instrument secured hereby; <br />c. There has been a default by the Trustors in the payment of any prior or subsequent lien or encumbrance in respect to all or any <br />part of the property; <br />d. Trustors shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall make an assignment <br />for the benefit of creditors in respect to the property; or an action to enforce any lien or encumbrance or judgments against the <br />property is commenced. <br />11. In the event of any default, the Benetlciary may declare all indebtedness secured hereby to be due and payable and the same <br />shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, the Beneficiary <br />may: <br />a. either in person or by agent, with or without bringing any action or proceeding, or by receiver appointed by a court and without <br />regard to the adequacy of any security, enter upon and take possession of the property, or any part thereof, in its own name or in <br />the name of the Trustee, and do any acts which it deems necessary and desirable to preserve the value, marketability or <br />rentability of the property, or part thereot: or interest therein, increase the income therefrom or protect the security hereof and, <br />without taking possession of the property, sue for or otherwise collect the rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and expenses of operation and collection, including attomey fees, upon any <br />indebtedness secured hereby, all in such order as the Beneficiary may detennine. The entering upon and taking possession of <br />the trust estate, the collection of such rents, issues and protits and application thereof as aforesaid shall not cure or waive any <br />default or notice of default hereunder or invalidate any act and in response to such default or pursuant to such notice of default <br />and notwithstanding the continuance in possession of the property or the collection, receipt and application of rents, issues or <br />profits, 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 any 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 Trustee a written declaration of default and demand for sale, and written notice of default and election to cause <br />Trustors' interest in the property to be sold, which notice Trustee 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 power of sale herein contained, the Beneficiary shall notify Trustee <br />and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and secured herehy <br />as Trustee may require, and upon request of the Beneficiary, the Trustee shall cause to be recorded, published and delivered to Trustor <br />such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall without demand on Trustor, <br />after such time as may then be required by law and after recordation of such Notice of Default and 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 Notice 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 determine, at public auction to the highest <br />bidder for cash and shall deliver to such purchaser or purchasers thereof a 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 the sale in the following order: (a) to all reasonable costs and expenses of the sale, including but not limited to Trustee's <br />fees of not more than 2% of the gross sale price, reasonable attomey fees and costs of title evidence; (b) to all sums secured by this <br />Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, including the Beneficiary, may <br />purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all or any portion of the property. <br />13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or <br />obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br />agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby which <br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein <br />contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any other security now <br />or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner as they <br />may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be <br />exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every <br />other remedy 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 instruments 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 time 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 />Trustors to the extent such action is permitted by law. <br />14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the address <br />set forth in the tirst paragraph of this Deed of Trust. <br />15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in <br />the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor to the Trustee named herein or acting hereunder. <br />16. This Deed of Trust applies to and inures to the benefit of 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, whether or not named as Beneticiary <br />herein. <br />17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without <br />affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the <br />full payment of all unpaid obligations, the Beneticiary may, from time to time and without notice: (a) release any persons so liable; (b) <br />extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the <br />