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��14�1�74
<br /> DEED �F TRUST
<br /> �C�ntinued} Page �
<br /> payable and the same shall thereupon become due and payable withaut any p�esentmen�, demand, protest or
<br /> no#ic�af any kind: Thereaf�er, Lender may:
<br /> (a} Ei�her �n pers�n or by agent, with ❑� withaut bringing any actian ❑r proceeding, or by a rece��er
<br /> appain�ed by a court and without r�gard �o�h�adequacy�f i�s security, enter upon and take possessian
<br /> af the Property, or any part there�f, in its own nam�or in the name of T�-ustee, and do any acts which it
<br /> deems necessary�r desirable to preserve�he�a[ue, marke�abi[i�y or rentability of#he Prvperty,or part of
<br /> the Proper�y ar interest in the Praperty; increase the income from the Proper�y or protect�he securi�y of
<br /> the Praper�y; and, w�th or w�thvu�taking��ossession of the Properky, sue for or otherwise colle�� the
<br /> rents, issues and profits af the Property, including #hose past due and unpaid, and apply the same, less
<br /> costs and expenses af operat�on and collec�ion attorneys'fees,#o any indehtedness se�ured by fhis�eed
<br /> of Trust, all in su�h order as Lender may de�e�mine. The entering upon and taking passession of the
<br /> . Proper�y, the coflec�ion �f such rents, issues and profi�s, and �he application the�eof shall not cure ar
<br /> wai�e any defau�t or notice of default under this Deed of Trust or in�alidate any ac�done in response ta
<br /> such defau�t or pursuant fo such notice af default;and, nvtwi#hstanding�he continuance in possession of
<br /> the Prope�ty or the cal[ection, receipt and application o�rents, issues ar prafits, Trus�ee or Lender sha[i
<br /> be entitled to exercise e�ery rig�ht pra�ided #�or in the Credit Agreement ❑r the Related Dacuments or by
<br /> faw upon the❑ccurrence of any e�ent af defau[t, including the right fio exercise�he power of sale;
<br /> �b} Commence an action ta foreclose�his Deed�f Trust as a martgage, appo�nt a recei�er or specifieal�y
<br /> enforce any of the co�enants herev�;and
<br /> �c} Deli�er�o Trustee a written declaration of default and d�mand f�r sale and a w�itten notice of dsfault
<br /> and ele�tion to cause Trustor's interest in the Prope�ty to be sold,which no�ice Trustee shal! cause to be
<br /> duly fi[ed far re�ord in�he appropria�e off�es o�the�ounty in which the Property�s located;and
<br /> �d} With respect#o al�or any part vf the Personai P�ope�ky, Lender shall have al[the righ#s and remedies
<br /> a�'a secured par�y under�he Nebraska Un�farm Cammercial Code.
<br /> Foreclosure by Power of Sal�. lf Lender elects to for�close by exercise o�'the Power of 5a�e herein contained,
<br /> Lender shail notify Trusfee and shall deposit wi�th Trustee this ❑eed ��f Trus�and the �redit Agre�men� and
<br /> such rece�pts and e�idence vf expenditures made and secured by this❑eed of Trust as Trustee may require.
<br /> �a} Upon rece�pt of such notic�from Lender, Trust�e shall cause�o be recorded, published and deli�ered
<br /> ta Trustor such Notice of Defaul�and Notic� af 5ale as then requ�red by law and by#h�s Deed of Trust.
<br /> Trustee shall, w��h�ut demand on Trustor, after such time as may then be required by �aw and after
<br /> r�cordatian of such Notice v�F Defau��and after Not�ce o�F 5ale having been gi�en as required by law, sell
<br /> the Prope�y at �he time and p�a�e of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate fvts or parce�s or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction �o the highest bidder fvr�ash �n [awful money v�f the United Stat�s payab[e at the time
<br /> of sale. Trustee shall defi�er to such purchaser or purchasers thereaf its gaod and suffi�ient deed or
<br /> deeds con�ey�ng the praperty sa sold, but without any c��enan� ❑r warranty, express or implied. The
<br /> recitals in such deed of any matters o�facts shail he con�lusi�e proof vf the truth#'ulness the�-eof. Any
<br /> persan, including withou�limi�ation Trus�ar,Trust�e,vr Lender, may purchase at such sale.
<br /> �b} As may be permi�ted by law, af�er deducting al1 cvsts, fees and expenses vf Trustee and a�this
<br /> Trust, in�luding�osts vf e�idence of title in �onnection with sale,Trustee shall app�y the proceeds o�sa�e
<br /> to payment af �i} all sums expended under the terms of this �eed of Trust or under the terms �f the
<br /> �r�dif Agreement not then repaid, including but not limited tv accrued interest and late charges, �ii} a!1
<br /> vth�r sums then secured hereby, and �iii}the remainder, if any, ta the person or persans legally enti��ed
<br /> thereto.
<br /> �c} Trusfee may in the manner provided by law postpone sale af all ar any portion of the Praperty.
<br /> Remedies No# Exc�usi�e. Trustee and Lender, and each of them, shall be entitled �o en�orce payment and
<br /> perFormance o�any indebtedness or obligatians secured by fhis Deed of Trust and to exercise a�l rights and pouvers
<br /> under this Deed o�Trust, under the Credi� Agreement, under any of the Rela��d Dacuments, ar under any other
<br /> ag�eement or any laws now or herea�ter in force; natwithstanding, same or all af such indebtedness and
<br /> obligations secured by this Deed of Trust may naw or her�after be o�henruise secured,vuhethe�by mo�gage, deed
<br /> af�rust, pledge, lien, assignmen�or atherw�se. Neither the acceptance of th�s Deed of Trust nor its enfarcement,
<br /> whether by court action or pursuant tn the povuer of safe or o#her powers can�ained in this De�d of Trust, sha[I
<br /> prejudice ❑r in any manner a�Ffect Trustee's or Lender's right tv realize upon ar enforce any other security now or
<br /> hereafter held by Trustee vr L�nder, it being agreed that Trus�ee and Lender,and each vf�hem, shall be entitled ta
<br /> enforce ��is Deed a�Trust and any o�her securi#y now or hereafter held by Lender or Trustee in such order and
<br /> manner as �hey vr ei�her of �hem may in #h�ir absolu#e dis�retion deterrnine. No remedy canferred upon or
<br /> reserved to Trustee or Lender, is in�ended �o be exc[usi�e Qf any vther remedy in this Deed of Trust or by law
<br /> provided or permitted, but each sha�l be cumulati�e and shail be �n addi�ion to e�ery other remedy gi�en in this
<br /> Deed vf Trus�o�-navu o�hereaf�er existing at iaw or in equity or by statute. E�ery power or remedy gi�en by th�
<br /> Credit Agreemen� or any af the Relafed ❑ocuments tv Trus�ee ar Lender ar to which either of �hem may be
<br /> o�herwise entitled, may be exercised, concurrent�y or independently, fram time ta time and as vf�en as may be
<br /> deemed exped�ent by Trustee ar �ender, and ei�her o�them may pursue �nconsis��n� remedies. Nothing �n this
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