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<br />I <br /> <br />r <br /> <br />84 - 003698 <br /> <br />JO. ACCELEliATJON UFO!\: !JEFf\ ljl;r, ADDITIONAL HEMEDIES, Sh"uid"" ,""nluf defauil (lccur Bene:.ciar~' <br />nUl\' ell-dare all indebtnN..!o' .c;ecurN! hCTf!hy tll h(. duf' and pn:-'sble- and the same shall ,thereupon become due and p.lynbh.. <br />without an~" presentment. demand. prolest or notie!. of any kind. Thereafter Bcnefic180' may: . ' <br />t'il Either in person or h~' agent. y,..ith or \",thCluL brin{rin~ any action or proceeding. or by a receiver apPOInted by a cou.rt <br />and ....ithout reg'srd to the Dd~qua('.v of its ~(.'Curit)'. enter upon and take possf::'ssion oftht: Trust-Estate. or any part thereof. m <br />its own name or in the nam,' ufTrusl"", and do any acts which it deems necessary or desirable to preserve the value, market- <br />ability or rentability of the Trust Estate, or part thereof or interest therein, increase the income therefrom or I:'rotect th. <br />security hereor and, with or withoul taking po.session of the Trust Estaw, sue roror otherWJsecoUect the, rents,1$Sues ~nd <br />profitsilie-eof. indudin" those past dUe and unpaid, andapplythe sam~,less costs and expenses?foperaoonand<;oHecuon <br />including_attorneys .fees, upon any mdebwdness secured hereby, allm suchorderasBeneficlarym!l:ydewrmme,}'he <br />entering upon anil taking possession of the' Trust Esta~e, the collection or such rents, issues and profits andtheaPl'hcatJOn <br />thereof as aforesaid. shall not CUTe or waive any default or notice of default he:eunder or invali_~at~,an~;a.ctdonejn_:reliP9,~e <br />~o such default or pursuant 1-0 such notice of default and, notwithstandin!! the continuan_ce inpoSSet;sion ofth~Trust!:5tate <br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled toe"ercisee~ery <br />ri~ht prm-;ded for in j)n~. of the Loan Instruments or by law upon occurrence of any event. of default.. including the:.ri~ptto <br />exercise the power of sale. <br />{ij: Commence on action w foreclose thi:.. Deed of Trust as 0' mortgage.appoint.-a receiver. or-specifically enior~an:iof <br />the covenants hereof; _ ,. . <br />(iiil Deliver to Trustee <l written declaration of default ahd demand for sale, arid 8 written notice of default_an-d,elec_tion_- <br />1-0 cause Trustor's interest.n the Trust Est.ate to be sold, which notice Trustee shall cause to be duly filed for record ill'the- <br />appropriate Official Records of lhe Count....' in which the Trust Estat.e is located. <br /> <br />11. fORECLOSURE BY POWER OF SALE_ Should Beneficiarv elect tD foreclose bv exercise ofthePowerofSiiJe <br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed ~fTru.st and the Note and such <br />receipts and evidence of expenditures made and secured hereby as-Trustee may require. <br />I a) Upon receipt of such notice from Beneficiary, Trust"" shall cause 1-0 be recorded, published, and delivered tDTnistor. <br />such Nmice of Default and Notice of Sale as then required by law and by this Deed of Trust, TruswesJ:-iall,withoutdernand <br />on Trustor. after such time as ma....' then be required by law and after recordation of such NoticeofDefaultand_a1t~"l'lot,ic~of-- <br />Sale havin" been given as required by law, sell the Trust Estate a~ the time and place of sale fixed byitinsucJ:-iNotieeofSale; <br />either as a whole. or in separate lots or parcels-or items as Trustee shall ,deem expedient. and:in such, ()r4;_et.:~sj~_ rnay.._~_~tiir~<' <br />mine, at public auction to the highest bidder for cash in lawful money of the UnitedStawspayableatth~time,orsale;,.TrlLStiie <br />shall deliver to such purchaser or purchasers thereof itil good and sufficient deed of deeds eonveyingtJie pro~rtysos9Id"b,uF <br />without any covenant or warranty. express or implied. The recitals in s~ch deed of any matters orf~~.:~hail;o,~-c9nc:h.~_si:y_e <br />proof ofthe truthfulness thereof. Any person_ including, without limitation "'mstor;Trustee and Beneficiary;maypurchase <br />at such sale and Trus1-Or hereby covenants t.o warrant and d.fend the tit, A such purchaser or purchasers, '. .... " <br />(bi As may be permitted by law, afwr deducting all co.:;, . '"".and expenses orTrlisteeandofthbi-TrU"t;iricluding,co,,~ <br />of evidence of title in connection with salt, Trustee shall appty ~he proceeds of sale topaymentof(i) allsums'expe"dedurider <br />the terms hereof. not then repaid, with accured interest at:.!:!ill.. percent (1 0%) per annum, (ii) all other sUms then 'secured <br />hereby, and (iii) the remainder. if any, '.,) the person or persons-legally entitled thereto. - <br />(c) Trustee may in the manner provided by Is"': postpone sale of all or any portion of the Trust Estaw, <br /> <br />12, REMEDIES NOT EXCLUSIVE, Trustee and Beneficiary, and each o!them, shallbe entitled to enforce,payme!lt <br />and performance of any indebwdness or obligations secured hereby and to exercise aU rights and powers under this Deedaf <br />Trust or under any Loan Instrument or other agreement or any laws now~or hereafter--inJorce.'notwithstanding some'or-all <br />of the such indebtedness and obligations secured hereby may now or hereafwr be otherwise secured, whetherbymort!,rage; <br />deed of trust, pledge, lien, assignment or otherwise, Neithertheacceptance oflhis Deed of Trust nor its enforcem,entwbether <br />by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner_ affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security nowor hereafter held by Trustee orBenefidary, <br />it being agreed that Trustee and Beneficiary, and each ofthem, shall be entitled tD enforce. this Deed of Trust and any other <br />security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either Q(them may in their <br />absolute discretion.detennine, No remedy herein conferred upon ,or reserved tcTruswe or Beneficiary is.intendedto be <br />exclusive of any other rtmedy herein or by law provided or permitted,.but each shall be cumulative and shall.bein addition <br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy <br />given by any of the Loan Instrwnents tD Trustee or Beneficiary or to which either of them ma~' be otherwise entitled, may be <br />exercised, concurrently or independently, from time to. time and as often as may be deemed-expedient by Trustee or Bene- <br />ficiary and either of them may pursue inconsistent remedies. Nothing Jierein shall.be construed as prohibiting Beneficiary <br />from seeking a deficiency judgment against the Trustor to the exten~ such action is pennittd by law. <br /> <br />REQUEST FOR NOTICE, Trustor hereby rL'<juests a copy of any notice of default and that any notice of sale hereunder <br />be mailed to it at the address set forth in the first paragraph of this Deed of Trust. <br /> <br />14_ GOVERNING LA \\" This Deed of Trust shall be governed by the laws of the State of Nebraska, In the event that <br />any provi,sion or clause of any of the Loan Instruments conflicts \l.i.th applicable laws, such conflicts shall not affect other <br />provisions of such Loan Instrwnents which can be given effect without the conflicting provision, and to this end the pro, <br />visions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed. discharged or <br />terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver. <br />change, discharge or termination is sought. . <br /> <br />10_ RECON\'EY."-''ICE BY TRUSTEE, Upon written request of Beneficiary stating that all sums secured hereby have <br />been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon pay. <br />ment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, '\\;thout <br />warranty, any .portion of the Trust Estate then held hereunder. The recitals in .,;neh reconveyance of an\' matters or facts <br />shall be conclusive proof of the rrutL ~lness thereof. The grante€ in any reconveyance may be described" as "1.:."'11" p('rson or <br />pe-rsnr,s ].;>galJy (,':1titkc ~:.c;c:.::." <br /> <br /> <br />16. NOTICES. \Vhencver Beneficiary. Trustor or Trustee shall desire to gi\'e or serve any notice, demand. request or <br />other communica non \l,;th respect to this Deed ofT-rust, each such notice, demand, request or other communication shLill be <br />in \.\Titing and shall be effective only if the same is delivered by personal s€n"ice or mailed by certified ma.il, postag-e prepaid, <br />return receipt requested. addres.sed to the ~dd_ress set forth at the beginning o.f this Deed of Trust. f~n.y p~y ma.... at this timt <br />change its address for such !lotlces by del1venng or mailing to the other pan-les bereto, as aforesaJd. a not1ce of such cb;;nge <br /> <br />1"7 ACCEPTAI\'CE BY TRUSTEE. Trustee accepts this Trust when t-f-llS l)t>ecl of Trust, dt.:Jv executed and c!('~ :10\, <br />ledged. is made a pubiic record as provided bY law, . <br /> <br />I!'\ W1TNESS WHEREOF Trustor has executed this Deed of Trust a~ (if the du\' . '1G .. <br />TRUSTEE, Trustee accepts this Trusr when this. Deed c; Trust: ~~.~:;/e::~~~'~~t'a(to""l' <br />ledgf:d, is mnde n pubLic record 65 provided by law <br /> <br />d \."~; :1(; \'. <br /> <br />L <br /> <br />I;< \\1TNESS WHEREOF Trustor h3.R cxt'Ct:ted this Deed Trllsl a~ ~!l<' eLI\ ~t1'iG YlC3.r r1rs~ :;::,0\ t' \\T:t~t'L <br /> <br /> <br /> <br />i <br />j <br /> <br />1. ;'.'-::..!:~ <br />