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<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.
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<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,
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<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.
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<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.
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<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. .
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<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:.::."
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<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
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<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, .
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<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
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<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
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