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�o��oo��� <br />10. Any extensions or modifications of the loan granted by Lender to any successor in <br />interest of Borrower shall not opexate to xelease the liability of the original Barrower or Bor- <br />rower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />sha11 not be a waiver of or preclude the exercise of any right or remedy. <br />1 l. Any notice to Bo� parovided for in this Deed of Trust shall be given by deli- <br />vering it or rnailing it by first class rnail unless Nebraska Law requires use of another method, at <br />the Borrower's last known address. Any such notice to Borrower shall also be given to Lonny R. <br />Foster and Ann E. Foster, 2704 Cottonwood Road, Grand Island, Nebraska 68$O1. <br />12. This Deed of Trust shall be governed by Nebraska Law. <br />13. Lender shall give notice to Borrower following Borrower's breach of any cove- <br />narit or agreement in this Deed of Trust and the Debt which it secures. The notice shall specify <br />(a) the default, (b) the action required to cure the default, (c) a date not less than thirty (30) days <br />from the date the notice is given to Borrower by which the default must be cured, and (d) that <br />failure to cure the default on or before the date specified in the notice may result in acceleration <br />of the sum secured by this Deed of Trust and sale of the Property pursuant to the power of sale <br />herein granted. The notice shall further inform Borrower of the right to reinstate, after accelera- <br />tian, and the right to bring a court acti�n to assert the noan�xistence of a default or any ather <br />defense of Borrower to acceleration and sale. If default is n.ot cured, on ar before the date speci- <br />fied in the notice, Lender, at its option may require irnrnediate payment in full of all sums <br />secured by this Deed of Trust without further demand and may invoke the power of sale and any <br />ather remedies permitted by Nebraska Law. Lender shall be entitled to collect all expens�s <br />incurred in pursuing the rernedies provided in this paragraph ar otherwise taken to protect its <br />interest in collateral described in this D�ed of Trust or enforce any provisions hereof, including <br />but not limited to reasonable attorney fees and costs of title evidence. <br />14. If the pawer of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the Property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska law. Trust�e, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />Deed conveying the Praperty. T� shall apply the proceeds of sale in the following order: <br />(a) to a11 expenses of the sale including, but not lirnited ta, Trustee's fees as permitted by <br />Nebraska law and reasanable attorney fees; (b) to all sums secured by this Deed of Trust; and (c) <br />any excess to the person or persons legally entitled to it. <br />15. As additional security for the Debt, Borrower hereby assigns all rents, issues and <br />prafits of the Property to Lender. Upon acceleration under parag�raph 13 or abandonment af the <br />Property, Lender (in person, by agent ar by judicially appointed receiver) shall be entitled to <br />enter upon, take possession of and manage the Property and to collect the rents of the Property, <br />including those past due. Any rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of managernent af the Property and collection of rents including, but not <br />limited to, receiver's fees, premiums on receiver's bands and reasonable attorney fees, and then to <br />the surns secured by this Deed of Trust. <br />16. Upon payment of all sums as herein provided, Lender shall direct Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and the Debt secured hereby. <br />Trustee sha11 reconvey the Property without warranty and withaut charge to the persons legally <br />entitl�d to it. <br />17, Lender, at its option, may from time to time remave Trustee and appoint a succes- <br />sor Trustee by an instrument recorded in the caunty in which this Deed of Trust is recard�d. <br />Withaut conveyance of the praperty, the successor Trustee shall succeed to all the title, power <br />and duties conferred upon Trustee herein and by Nebraska Law. <br />