, t; �EEU oF TRUS 2 p 12 0 2 6 3�
<br />Loan No: 101251513 ' (Continued) Page 7
<br />deems necessary or desirable to preserve the value, merketability or rentability 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 otherwise collect the
<br />rents, issues end profits of the Property, including those past due and unpaid, end epply the seme, lesa
<br />costs end expenses of operetion end collection ettorneys' faes, to eny indebtedness secured by this Deed
<br />of Trust, allin such order as Lender may determine. The entering upon end teking possession of the
<br />Property, the collection of such rents, issues and profits, and the applicetion thereof shall not cure or
<br />waive any default or notice of default under this Deed of Trust or invelidate any act done in response to
<br />such defeult or pursuant to such notice of default; and, notwithstending the continuance in possession of
<br />the Property or the collection, receipt and epplication 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 law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specificelly
<br />enforce any of the covenants hereof; end
<br />(c1 Deliver to Trustee a written declaration of default and demand for sale and a written notice of detault
<br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br />duly filed for record in the appropriete offices of the County in which the Property is located; and
<br />(d) With respect to ell or any part of the Personal Property, Lender shall have all the rights and remedies
<br />of e secured party under the Nebraska Uniform Commerciai Code.
<br />Foreclosura by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note end such receipts
<br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shell ceuse to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law end by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time as mey then be required by law and after
<br />recordation of such Notice of Defeult and after Notice of Sale heving been given es required by law, sell
<br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />seperate lots or parcels or items as Trustee shall deem expedient, and in such order es it may determine,
<br />at public auction to the highest bidder for cash fn lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenent or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shell be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permltted 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 shell epply the proceeds of sele
<br />to payment of (i) 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, Ui) ell other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the menner provided by law postpone sale of all or eny portion of the Property.
<br />Remedies Not Exclusive. Trustee end Lender, and each of them, shell be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to axercise ell rights and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br />eny laws now or hereafter in force; notwithstending, some or all of such indebtedness and obligations secured by
<br />this Deed of Trust mey now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />essignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />ection or pursuant to the power of sele or other powers contained in this Deed of Trust, shell prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Lander, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and eny other security now or hereafter held by Lender or Trustee in such order and menner 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 shall be cumulative end 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 any 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 eithar of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuft of any other remedy, and an election to
<br />make expenditures or to take action to pertorm an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shell not effect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />
|