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<br />200903244 <br /> <br />. (7) In the event Trustor defaults in the payment when due of any sums secured hereby (principal, <br />interest, advancements, or protective advances), or fails to perform or observe any covenants and conditions <br />contained herein or in the note, or in the event that Trustor sells, conveys, assigns, or contracts for the sale, <br />conveyance, or assignment of all or any part of the Trust Estate or any proceeding is brought by or against <br />Trustor under any bankruptcy laws, or breaks or breaches any other promise made to Beneficiary, or if <br />Beneficiary in good faith deems Beneficiary to be insecure, Beneficiary may, at its option, declare the entire <br />indebtedness secured hereby to be immediately due and payable and bear interest at the default rate as <br />provided in the note, and Beneficiary may immediately authorize Trustee to exercise the Power of Sale <br />granted herein in the manner provided in the Nebraska Trust Deed Act, or, at the option of the Beneficiary, <br />may foreclose the Trust Deed in the manner provided by law for the foreclosure of mortgages on real property, <br />including the appointment of areceiver without bond upon ex parte application, notice being hereby expressly <br />waived, without regard to the value of the property of the sufficiency thereof to discharge the indebtedness <br />hereby secured, Trustor does hereby agree to be personally bound to pay the unpaid balance, and Beneficiary <br />shall be entitled to a deficiency judgment. <br /> <br />(8) Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary shall notify <br />the Trustee who shall record, publish and deliver to Trustor such Notice of Default and Notice of Sale as then <br />required by law and shall in the manner provided by law sell the Trust Estate at the time and place of sale <br />fixed in the Notice of Sale, either as a whole or in separate lots, parcels or items and in such order as the <br />Trustee shall deem expedient. Any person may bid at the sale, including Trustor, Trustee or Beneficiary. <br /> <br />(9) Trustor hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed <br />to him at the address set forth herein by certified mail. <br /> <br />(10) Upon default, Beneficiary, either in person or by agent, with or without regard to the value of <br />the property or the sufficiency thereofto discharge the indebtedness secured hereby, is authorized and entitled <br />to enter upon and take possession ofthe Trust Estate in its own name or in the name ofthe Trustee and do any <br />acts or expend any sums it deems necessary or desirable to protect or preserve the value of the Trust Estate <br />or any interest therein, or increase the income therefrom; to operate in its own name or in the name of the <br />Trustor, any business conducted thereon: and with or without taking possession of the Trust Estate is <br />authorized to sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those <br />past due and unpaid, and apply the same upon any indebtedness secured hereby or in the loan agreement. <br /> <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive <br />of any other remedy herein or by law provided or permitted, but each shall be cumulative, shall be in addition <br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may <br />be exercised concurrently, independently or successively. <br /> <br />(11) Trustor acknowledges that the duties and obligations of Trustee shall be determined solely by <br />the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee shall not be liable <br />except for the performance of such duties and obligation as are specifically set forth therein, and no implied <br />covenants or obligations shall be imposed upon Trustee; Trustee shall not be liable for any action taken by <br />him in good faith and reasonably believed by him to be authorized or within the discretion or rights or powers <br />conferred upon him by this Deed of Trust or state law. <br /> <br />-4- <br />