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' . � , �: � ;� � <br />Loan No: 7 07 251021 <br />DEED OF TRUST <br />(Continued) <br />20120225� <br />Page 7 <br />the same shall thereupon become due and payable wfthout any presentment, demand or protest of any kind. <br />Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing eny action or proceeding, or by a receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon end teke possessian <br />of the Property, or any part thereof, in its own neme or in the name of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the value, marketability or rentebility of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or othen�vise collect the <br />rents, issues and profits of the Properry, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and the applicetion thereof shall not cure or <br />waive any defeult or notice of default under this Deed of Trust or invelidate eny act done in response to <br />such defeult or pursuant to such notice of default; and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Note or the Related Documents or by lew upon the <br />occurrence of any event of defau�t, including the right to exerclse the power of sale; <br />ib) Commence an action to foreclose this Deed of Trust es a mortgage, appoint e receiver or specifically <br />enforce any of the covenants hereof; end <br />(c) Deliver to Trustee a written decleration of default and demend for sale and a written notice of defeult <br />end election to cause Trustor's interest in the Properry to be sold, which notice Trustee shall ceuse to be <br />duly filed for record in the appropriate offices of the County in which the Property is located; and <br />(d) With respect to ell or any pert of the Personal Property, Lender shall heve all the rights and remedies <br />of e secured party under the Nebreske Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />Lender shall notify Trustee end shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evidence of expenditures mede end secured by this Deed of Trust es Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered <br />to Trustor such Notice of Default end Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, after such tlme as may then be required by law and after <br />recordation of such Notice of Default end efter Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sale fixed by it in such Notice of Sale, either es a whole, or in <br />separate lots or parcels or items as Trustee ahall deem expedient, and in such order as it may determine, <br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time <br />of sele. Trustee shall deliver to such purchaser or purchesers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without eny covenent or warranty, express or implied. The <br />recitels in such deed of any matters or facts shell be conclusive proof af the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchese at such sale. <br />(b) As mey be permitted by law, after deducting all costs, fees and expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sele, Trustee shall epply the proceeds of sale <br />to peyment of (1) all sums expended under the terms of this Deed of Trust or under the terms of the Note <br />not then repaid, including but not limited to accrued interest end late charges, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legelly entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee end Le�der, and each of them, shall be entitled to enforce payment and <br />performence of any indebtedness or obligations secured by this Deed of Trust and to exercise ell rights and powers <br />under this Deed of Trust, under the Note, under eny of the Related Documents, or under any other agreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligetions secured by <br />this Deed of Trust may now or hereafter be othervvise secured, whether by mortgege, deed of trust, pledge, lien, <br />essignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shell prejudice or in any <br />manner affect Trustee's or Lender's right to reaUze upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed <br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or <br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shell be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or eny of the Related <br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue incons(stent remedies. Nothing in this Deed of Trust shall be construed as <br />prohibiting Lender ftom seeking a deficiency judgment egainst the Trustor to the eMent such actfon is permitted by <br />