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<br />7. The proceeds of any coademnation award are hereby assigned and shall be paid to Lender and shall be
<br />applied to the sums secured by this Deed of Trust, whether or not then due, with any excess paid to
<br />Borrower.
<br />8. Bonowers shall not cause or permit the presence, use, disposal, storage, or release of any hazardous
<br />substa.nces on the property (except that the storage of small quantities of consumer products that are
<br />generally recognized to be appropriate for maintenance of such a property). Bonowers shall not do, nor
<br />allow anyone else to do, anything affecting the property: (a) that is in violation of any Environmental Law,
<br />(b) which creates an environmental condition that adversely affects the property.
<br />9. Bonowers represent and warrant that there are no: (a) bankruptcy proceedings involving Borrowers and
<br />none is contemplated, (b) unsatisfied judgments or record against Borrowers, or (c) tax liens filed against
<br />Borrowers.
<br />10. Any extensions or modifications of the loan granted by Lender to any successor in Interest of Borrowers
<br />shall not operate to release the liability of the original Borrowers or Borrowers, successors in interest. Any
<br />forbearance by Lender in exercising any right or remedy sha11 not be a waiver of or preclude the exercise of
<br />any right or remedy.
<br />! 1. Any notice to Borrowers provided for in this Deed of Trust shall be given by delivering it or may mailing it
<br />by fust class mail unless Nebraska law requires use of another method, at the Borrowers' last l�own
<br />address.
<br />12. This Deed of Tnist, a:nd the Note which it secures, shall be governed by Nebra.ska law.
<br />13. The failure to make any payment when due under this Deed of Trust or the Note, or Borrowers' breach of
<br />any covenant or agreement in this Deed of Trust shall be an event of defaul�
<br />14. Lender shall give notice to Borrowers following Borrowers' breach of aay covenant or agreement in this
<br />Deed of Trust and the Note which it secures. The notice sha11 specify (a) the default, (b) the action required
<br />to cure the default, (c) a date not less than thirty (30) days from the date the notice is given to Borrowers by
<br />which the default must be cured, and (d) that failure to cure the defautt on or before the date specified in the
<br />notice may result in acceleration of the sum secured by this Deed of Trust and resale of the property. The
<br />notice shall further inform Borrowers of the right to reinstate, after acceleration, and the right to bring a
<br />Court action to assert the nonexistence of a default or any other defense of Borrowers to acceleration and
<br />sale. If default is not cured, on or before the date specified in the notice, Lender, at its opbion, may require
<br />immediate payment in full of a11 sums secured by this Deed of Trust without further demand and may
<br />invoke the power of sale and any other remedies permitted by Nebraska law. Lender shall be entitled to
<br />collect all eacpenses incurred in pursuing the remedies provided 'm this paragraph, including, but not limited
<br />to, reasonable attomey fees and costs of title evidence.
<br />15. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the property is located and shall mail copies of such notice in the manner prescribed by Nebraska. law.
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Nebraska law.
<br />Trustee, without demand on Borrowers, shall sell the property at public auction to the highest bidder at the
<br />time and place and under the terms designated in the notice of sale in one (1) or more parcels and in any
<br />order Trustee determines. Trustee may postpone sa,le of all or any parcel of the property by public
<br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase
<br />the property at any sale.
<br />Upon receipt of payment of the price bid, Trnstee shall deliver to the purchaser Trustee's Deed conveying
<br />the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements
<br />made therein. Trustee shall apply the proceeds of the sale in the following order. (a) to all expenses of the
<br />sale including, but not limited to, Trustee's fees as permitted by Nebraska law and reasonable attorney fees,
<br />(b) all sums eacpended under the terms of this Deed of Trust, if not rep�id, together with the ma�cimum
<br />interest permitted by law, (c) to all sums secured by this Deed of Trust; and (d) any excess to the person or
<br />persons legatly entitled to it.
<br />16. Upon accelerarion under Paragraph 15 or abandonment of the properiy, Lender (in person, by agent or by
<br />judicially appointed receiver) sha11 be entitled to enter upon, take possession of and manage the properiy
<br />and to collect the rents of t�e property, including those past due. Any rents collected by Lender or the
<br />receiver shall be applied first to payment of the costs of management of the property and collection of rents
<br />including, but not limited to, receiver's fees, premiu.ms on receiver's bonds and reasonable attomey fees, and
<br />then to the sums secured by this Deed of Trust.
<br />17. Upon payment of ail sums as herein provided, Lender shall direct Trustee to reconvey the property and shall
<br />surrender this Deed of Trust and the Note secured. Trustee shall reconvey the property without warranty
<br />and without charge to the persons legally entitled to it.
<br />18. Lender, at its option, may from time to time remove Trustee and appoint Successor Trustee by an
<br />instrument recorded the county in which this Deed of Trust is recorded. Without conveyaace of the
<br />property, the successor Trustee shall succeed to all the ritle, power, and duties conferred upon Trustee
<br />herein and by Nebraska, law.
<br />19. Borrawers request that copies of all aotices provided herein be sent to Borrowers' address, which is 4234
<br />Arizona St, Grand Island NE 68803.
<br />{1220422.1 }
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