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<br />thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including attomey's fees, upon any indebtedn�ss secured hereby, all in such
<br />order as Beneficiary may determine. The entering upon and taking possessian of the Trust �state, the
<br />collectipn of such rents, issues and profits and the application th�r�of as aforesaid, shall not cure nr waive
<br />any default or notice of default hereunder ar invalidate any act done in response to such default or
<br />pursuant to such notice of default and, notwithstanding the continuance in possessian �f the Trust Estate
<br />or the collection, receipt and applicatian of rents, issues or profits, Trustee or Beneficiary shall be entitled
<br />to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any euent
<br />of default, including the right to exercise the power of sale;
<br />(b) Commence an action to forec�ose this beed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any af the covenants hereof;
<br />(c) b�liver to Trustee a written declaratipn of default and demand for sale, and a written notice of
<br />default and election tn cause Trustor's interest in the Trust Estate ta be sold, which notice Trustee shall
<br />cause to be duly filed for record in the appropriate Qfficial Records of the County in which the Trust Estate
<br />is lacated.
<br />11. FORECLOSUR� BY POWER OF.SAL�. Should B�neficiary elect to foreclose by �xercise of
<br />the Power of Sale herein contained, Ben�ficiary shall nptify Trustee and shall deposit with Trustee triis
<br />Deed af Trust and the No#e and such r�c�ipts and evidence of expenditures made and secured hereby as
<br />Trustee may require.
<br />(a) Upan receipt of such notice from Ben�ficiary, Trustee shall cause to be recorded, published
<br />and delivered to Trustar such Notice �f Default and Notice of Sal� as tfien required by law and by this
<br />Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law
<br />and after recordation of such Notice af Default and after Notice of Sale having been given as required by
<br />law, sell the Trust Estate at the time and place of sal� fixed by it in such Notice of Sale, either as a whole,
<br />or in separate lots or parcels ar items as Trustee shall deem expedient, and in such order as it may
<br />determin�, at public auction to the highest bidder for cash, in lawful money of the United States, payable at
<br />the time af sale. Trustee shall deliver to sur,h purchaser or purchasers thereof, its gaod and sufficient
<br />deed or deeds, conveying khe property so sold, but without any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters or facts shall be conclusive pronf af the truthfulness thereof. Any
<br />person, including, without limitation, Trustar, Trustee, and Beneficiary, may purchase at such sale, and
<br />Trustor hereby covenants to warrant and defend #h� title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after d�ducting all costs, fees, expenses of Trustee and of this
<br />Trust, including costs of evidence of title in conn�ction with sale, Trustee shall apply the proceeds of sale
<br />to payment af (i) all sums expended under the terms hereof, not then repaid, with accrued intPrest at 12
<br />percent per annum, (ii) all ath�r sums then secured hereby, and (iii) the remainder, if any, to the perspn or
<br />persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all ar any portion of the Truskee
<br />Estate.
<br />12. REM�DIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitl�d
<br />to enforce payment and performance of any indebtedness or obligations secur�d hereby and to exercise
<br />all rights and powers under this beed of Trust or under any Loan Instrument or other agreement or any
<br />laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligatians
<br />secured hereby may now or hereafter be otherwise secured, whether by mortgag�, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether
<br />by court action or pursuant to the power of sale or other pow�rs herein contained, shall prejudice or in any
<br />manner aff�ct Trustee's or Beneficiary's right to realize upon pr enforce any other security naw or
<br />hereafter held by Trustee or �3eneficiary, it being agreed that T�uskee and B�n�ficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereafiter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of th�m may in their absolute discretion determine.
<br />No remedy herein conferred upon or reserved to Trustee ar Beneficiary is intended to be exclusiue of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Every
<br />power or remedy given by any af the Loan Instruments to Trust�e or Beneficiary or to which either of th�m
<br />may be otherwise entitled, may be exercised, concurrently or independently, from time ta time, and as
<br />aften as may be deemed expedient by Trustee ar Beneficiary; and eikher of them may pursue inconsistent
<br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />judgment against the Trustor ta the extent such action is permitt�d by law.
<br />13. REQUEST FOR NOTIC�. Trustor herepy requests a copy of any notice af default, and that
<br />any notice of sale hereunder be mailed to it at the address set forth in the first paragraph af this Deed of
<br />Trust.
<br />14. GOV�RNING LAW. This Deed of Trust shall be gov�rned by the laws af the Stat� of
<br />Nebraska. In the event that any provisian ar clause af any of the Laan Instruments conflicts with applicable
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