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. DEED OF TRUST 2 012 0 4 7 7� <br />Loan No: 101253466 (Continued) <br />Page 7 <br />kind. Thereafter, Lender may: <br />(a) Either in person or by egent, with or without bringing eny action or proceeding, or by e receiver <br />eppointed by e court and without regerd to the adequacy of its security, enter upon end take posaession <br />of the Property, or any pert thereof, in its own neme or in the neme of Trustee, and do any ects which it <br />deems necessary or desirable to preserve the value, marketability 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; end, with or without taking posseasion of the Property, sue for or otherwise collect the <br />rents, issues end profits of the Property, including those past due and unpeid, and epply the same, less <br />costs and expenses of operation end collection attorneys' fees, to eny indebtedness secured by this Deed <br />of Trust, all in such order as Lender mey determine. The entering upon and teking poasession of the <br />Property, the collection of such rents, issues end proflts, and the application thereof shall not cure or <br />waive any default or notice of default under this Deed of Trust or invalidate any act done in reaponae to <br />such default or pursuant to such notice of default; end, notwithstanding the continuance in possesaton of <br />the Property or the collection, receipt and applicetion of rents, issues or proflts, Trustee or Lender shell <br />be entitled to exercise every right provided for in the Note or the Related Documents or by lew upon the <br />occurrence of eny event of default, including the right to exercise the power of sale; <br />(b) Commence en ectfon to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <br />enforce eny of the covenents hereof; end <br />(c1 Deliver to Trustee a written declaretion of default end demand for sale and a written notice of default <br />end election to cause Trustor's interest in the Property to be sold, which notice Trustee ahall cause to be <br />duly filed for record in the appropriete offices of the County in which the Property is located; end <br />(d) With respect to all or any part of the Personel Property, Lender shall have ell the rights and remedies <br />of a secured party under the Nebreska Uniform Commerciel Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sele herein contained, <br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evidence of expenditures made end secured by this Deed of Trust as Trustee mey require. <br />(a) Upon receipt of such notice from Lender, Trustee shall ceuse to be recorded, published and delivered <br />to Trustor such Notice of Defeult and Notice of Sele as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Truator, after such time es mey then be requfred by law end after <br />recordation of such Notice of Defeult and after Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sale flxed by it in such Notice of Sale, either es a whole, or in <br />separate lots or parcels or items es Trustee shall deem expedient, and in such order as it may determfne, <br />at public auction to the highest bidder for cash in lawful money of the United States payable et the tfine <br />of sale. Trustee shall deliver to auch purchaser or purchasers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without any covenent or warrenty, 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 auch sale. <br />(b) As mey be permitted by law, after deducting all costs, fees and expensea of Truatee end of this <br />Trust, including costs of evidence of title in connection with sele, Trustee shall apply the proceede of sele <br />to peyment of (i) all sums expended under the terms of this Deed of Trust or under the terma of the Note <br />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if eny, to the person or persons legelly entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of ali or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entltled to enforce payment and <br />performence of eny indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other egreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of Vust, pledge, lien, <br />assignment or othervvise. Neither the ecceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sele or other powers contained in this Deed of Trust, shall 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 Lender, it being egreed that Truatee 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 end menner as they or <br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Truatee or <br />Lender, is intended to be exclusive of eny other remedy in this Deed of Trust or by law provided or permitted, but <br />each ahall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing at lew 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, mey be exercised, <br />concurrently or independently, from time to time end as often as mey be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as <br />prohibiting Lender from seeking a deflciency judgment egainst the Trustor to the extent such action is permitted by <br />law. Election by Lender to pursue any remedy shall not exclude pursuit of eny other remedy, end an election to <br />