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<br /> ��14�147�
<br /> � []EE1] �F TF�U�1'
<br /> Loan N�: 'I�'��74'I 39 ��0�1���1u�d� Page 7
<br /> �ay Either in pers�n or �y agent, with or without bringing any ac�tian ar prviceeding, ❑r �y a recei��r
<br /> appoint�d by a court and without regard tn �he adequacy af its security, enter upvn and tal�e possessivn
<br /> �f the Prop�rty, nr any part thereaf, in its awn name or in�the name of Truste�, and do any acts which i�
<br /> deems necessary or desirabl�to preserve the �alue, mark�tability or rentabiiity o�the Property� ar part a�
<br /> the Prap�rty or interest in the Property; increase the income fram the Praperty or pratec�the se�urity o�
<br /> the Property; and, with vr withaut fial�ing passession af the Property, sue for ar otherwise colle�t the
<br /> rents, issues and pro�its of the Prap�rty, including #hose past due and unpa�d, and apply the same, less
<br /> cvsts and expens�s of operation and callec�ion attorneys' fees, to any indebtedness secured by�his Deed
<br /> of Trust, al! �n such order as Lender may det�rmine. The entering upon and taking possessian af �he
<br /> Property, the �ollection of su�h ren�s, 155Ll�:S and profi�s, and the application thereof shal� not cure or
<br /> wai�e any defaul�or notice �f default under this Deed o�F T�us�or inWalidate any act done in respons� �o
<br /> su�h.default o� pursuant to such no�i�e af default; an�, notwithsfianding the continuance in possession of
<br /> fhe Property or the col�ection, receipt and appli�ation of rents, issues or prvfits, T�ustee ��° L�nder sha[I
<br /> be entEtled to exer�ise �v�ry right prt��ided far in the Note or the Rela�ted D�cuments ar by law upon the
<br /> occurrence of any e�ent of defaul�, including�he right to exercise the pvwer of sal�;
<br /> �b� Commence an ac��on t� �or��l�se this �eed af Trust as a mortgage, appoint a recei�er ar spe�ifically
<br /> enforca any of�h�cov�nan�s hereof; and
<br /> f c} Deliver�o Trustee a written deciara�tian of defaul�and demand for saEe and a written notice of d�fault
<br /> and electian to cause Trusfior's interest in the Property t� �e svld, which notice Trustee shall cause to b�
<br /> duly filed fvr r�card in�h� appropr3a�te affices vf�h� County in whi�h the Pr�p�rty is loca�ed; and
<br /> �d} With respect t❑ all vr any part o�the P�rsona� Praperty, Lender shali haWe all �h� rights and remedies
<br /> of a secured party un�er the Nebraska Uni�arm Commercial Code.
<br /> Foreclvsure by Pov►►er of Sale. If Lend�r elects to fore�lose by exercise of th� Pawer of 5ale herein con�ained,
<br /> Lender shall nvfify Trus�ee and shall d�posit with Trustee this Deed of Trust ancl the N��e and such receipts
<br /> and eviden�e❑f expenditures made and se�ured �y this Deed of Trust as Truste� may require.
<br /> {a} Upon receipt vf such not��e from Lender, Trustee shall �ause�o be recorded, pub�ished and delivered
<br /> ta Trustor such N��iee af D��au1t and Notice of Sale as then required by law and by this Deed vf Trust.
<br /> Trus�ee shall, withaut demand an Trustor� after such tim� as may fihen be required �y law an� a�ter
<br /> recardation vf such Notice o� D��ault and after Nvtice vf 5ale having �een gi�en as r��uired by law, s�ll
<br /> �he Property at the time and p�ace of sale fixed �y it in such Nvtice of Sale, either as a whole� or in
<br /> separa�e lots�r parcels or items as Trustee shall deern expedien�t, and in such order as ��t may determine,
<br /> at pubiic aucti�n ta �he highesf bidder�or cash in Eawful money afi�he United States payable at the time
<br /> of sale. Trustee shall deliv�r t❑ su�h pur�has�r or purchas�rs �herev� its good and sufficient d��d or
<br /> deeds c�nveying the pr�perty s� sold. but withvut any cov�nant or warranty� express or impli�d. The
<br /> recitais in such deed of any ma�ters vr �racts shall be conc[usi�e prot�f of the truthfuln�ss thereof, Any
<br /> person, including withaut limita�i�n Trus��r, Trustee, or,L�nder, may pur�hase at such sale.
<br /> �b} As may be permi�ted by law, after d�ducting ail �osts. fees and expenses ofi Trustee and of this
<br /> Trust, in�luding cos�s a�e�iden�e of ti�l�in connection wi�h sale,Trustee shall apply the pr�ceeds of sale
<br /> ta paym�nt o� ti} all sums expend�d under the terms of thEs aeed of Trust vr under the terms o�the Note
<br /> nv� then repa�d, including but not limi�ted �ko accrued interes� and lat� charg�s, {ii� all other sums �th�n
<br /> secured hereby. and �iii} the remainder. if any. �o�h� person or persons lega[ly entitled thereto.
<br /> {c} Trustee may in the manner pr��ided by!aw pvs�pvne sale of all�r any porti�n vf the Pr�perty.
<br /> Remedies No� Ex�lusiv�. Trus��e and Lender, and each �f them, shal� �e entitled to enf�rce payment and
<br /> performance vfi any ind�btedn�ss or obli�ati�ns secured by this Deed af Trust and to exercise a11 rights and powers
<br /> under �his D�ed of T�usf, under the Note, under any of the Related Documents, vr under any other agreement ❑r
<br /> any laws now or hereafter in forc�; notwithstanding, some or all af such indebtedness and obligati�ns secured by
<br /> �his Deed vf Trust may nvw o� h��eafit�r be o�herwise se�ured, whether by mar�gage� deed �f�trust, p[edge, lien,
<br /> assignment vr o�herwise, Nei�kher the acceptance of �his Deed vf Trust nor its enfarcement, whether by cour�
<br /> ac�ion or pursuant �v the pawer af sale or other powers con�ained in this Deed of Trust, shall prejudi�e or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enfiorce any oth�r security now ar hereafter held by
<br /> Trustee or Len�er� it being agreed that Trustee and L�nder, and ea�h of them, shall be enfitled to enforce this Deed
<br /> of Trust and any other security now vr hereaft�r held by Lender �r Trust�e in such ❑rder and manner as they or
<br /> either of them may in their absolute discre�ion determine, No rem�dy conf�rred upon or reser�ed to Trustee or
<br /> L�nder, is int�nded to be exclusiv� �f any ather r�medy in �his D�ed af Trust or by law pra�ided or permitted, bu�
<br /> ea�h shalf be cumulatiWe and shall be in additian to every other remedy given in �his Deed of Trust o� now vr
<br /> hereafter existing at law or in�qui�y�r 1ay statute. E��:ry power or remedy given by the Note ar any af the Refate�
<br /> Documen�ts �v Trust�e vr Lender �r �� which either af them may be o�herwise enti�led, rnay be exercised,
<br /> concurren�ly or independen�ly, �rom time to time and as a�Ft�n as may �e d�emed expedient by Truste� or Lende�,
<br /> and �ither a� them may pursue inconsis�ent remedies. Nothing in �h�s Deed ❑f Trust shall �e canstrued as
<br /> prohibi�ing Lender from seeking a deficiency judgment against the Trustor to the�xtent such ac�ion is permi�ted by
<br /> law. Elec�ion by Lender �ka pursue any r�medy shall n�t exclud� pursui� of any o�her remedy, and an e�ection t❑
<br /> mak� expendi�ures ar �o take action t� per�Form an obligation vfi Trust�r under this ❑eed vfi Trust, after Trustor's
<br /> failure to perform, shall n�t af��c� L�nder's right ta declare a de�ault and exer�ise its remedies.
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