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Loan No: 101258593 <br />DEED OF TRUST � o� 2 0 917 � <br />(Continued) Page 7 <br />deems necessary or desirable to preserve the value, merketability or rentability of the Property, or pert 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 teking 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 apply the same, less <br />costs and expenses of operation end 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 end profits, end the application thereof shell not cure or <br />weive any default or notice of default under this Deed of Trust or invelidate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstending 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 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 speciticelly <br />enforce any of the covenanta hereof; and <br />(o) Deliver to Trustee a written declaretion of default and demand for sale and a written notice af default <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 appropriate offices of the County in which the Property is loceted; and <br />(d) �th respect to ell or any part of the Personal Property, Lender shall have all the rights and remedies <br />of a secured party under the Nebreske Uniform Commercial Code. <br />Foreclosure by Powar of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />Lender shell 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 Sele as then required by lew and by this Deed of Trust. <br />Trustee shell, without demend on Trustor, efter such time as may then be required by lew and after <br />recordetion of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />the Property at the time end place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shell 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 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 covenant or warranty, express or implied. The <br />recitals in such deed of eny matters or fects shall 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 permitted by lew, after deducting all costs, fees end expenses of Trustee and of this <br />Trust, including coata of evidence of title in connection with sale, Trustee shall apply the proceeds of sale <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 eccrued interest and late charges, (ii) all other sums then <br />secured hereby, end (iii) the remeindar, if any, to the person or persons legelly entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sele of all or eny portion of the Property. <br />Remedles Not Exalusive. Trustee and Lender, end each of them, shall be entitled to enforce payment and <br />performence of any indebtedness or oblfgations 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 agreement or <br />eny lews now or hereafter in force; notwithstanding, some or all of such indebtedness end obligations secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Nefther the acceptence of this Deed of Trust nor its enforcement, whether by court <br />ection or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner sffect 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 agreed thet Trustee end 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 es they or <br />either of them rnay 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 and shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing et law or in equlty or by statute. Every power or remedy given by the Note or eny of the Related <br />Documents to Truatee or Lender or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time end es often as may be deemed expedient by Trustee or Lender, <br />end either 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 eny remedy shall not exclude pursuit of any other remedy, and en election to <br />make expenditures or to take ection to perform an obligation of Trustor under this Deed of Trust, after Trustor's <br />failure to perform, shall not affect Lender's right to declere a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that e copy of any Notice of Defeult <br />end a copy of eny Notice of Sele under this Deed of Trust be mailed to them at the addresses set forth in the first <br />