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F��14��113 <br /> DEE�] �F TRLJ�`T <br /> Lo�n No: ��'��75'I�5 �Co�t[�u�d} Page 7 <br /> de�ms necessary or desirabl�tv preser�e the �alue, marketability or rentability of the Property, or par�of <br /> the Property or interest in �he Proper�y; increase �he income from �he Property or prot��t�he security of <br /> th� Pr�perty; and, with ❑r withaut taking possessi�n �f the Property, sue for �r vtherwise �ollect the <br /> rents, issues and pro�its o�the Property� including �hase past due and unpaid, and apply �he same, less <br /> costs and expens�s of vperation and caliection attorneys' �ees,to any indebt�dness s�cured by�his Deed <br /> af Trust, all in su�h order as Lender may de�ermine, The entering upon and �aking possession �f the <br /> Property, �he collec�i�n o� such rents, 155u�?S and profi�ts, and the appl�cation thereof shall not cure or <br /> wai�e any defau�t ar nvtice of defiault under this Deed a�Trus�or inval�date any act done in respanse to <br /> such default or pursuant�� such natice nf default; and, natwithstanding the continuance in possessivn of <br /> the Property ar the colle�tion, re�eipt and application o� rents, issu�s or prafi�s, Trustee ❑r Lender shall <br /> b� enti�led to exercise every right praWided f�r in the Note or�he Rela�ed Dvcuments or by law upvn the <br /> occurrence o�any e�ent of d�fault, including the right to exercise the power of sale; <br /> {b} �ommence an ac�i�n to fareclose this Deed of Trus�t as a mvrt�age, appoin�a rec�i�er ar speGifically <br /> enforce any a��h�cvWenants her��f; and <br /> tc� Deli�er�o Trustee a writ�en declaration of defaul�t and d�mand �Qr sa�e and a written natice ❑f default <br /> and electi�n tv cause Trustor's interest in�he Pr�perty to be sold, which nvtice Trustee shall cause fo be <br /> duly�Fiie�l for re�ord in�th�appr�priate o��ices ofi the County in which th� P�operty is Iocated; and <br /> �dy VIlith respect t� afl or any part of�he Personal Pr�per�ty, L�nder sha3� ha�e al� th� righ�s and remedies <br /> of a secured party under the Nebrasl�a �nifarm Commercia[ Cod�. <br /> Foreclosur� by Power of 5ale. If Lender elects�o fare�lose �y�x�r�ise�#fhe PoWer of 5ale herein contained. <br /> Lender sha�l nQtify Trustee and sha[I dep�s�t with Trustee �his Deed �f Trust and �he Note and su�h receipts <br /> and e�id�nce�f expendi�ures made and secured by this �3eed of Trust as Trustee may requ�re, <br /> �ay lJpon rec�ipt o�F such notice fram Lender, Trustee shall cause t❑ be re�orded, published and de�i��r�d <br /> to Trustvr su�h No�ice vf Default and Notic� of Sal� as then required by �aw and by fihis Deed ❑f Trus�. <br /> T�us�ee shall, withaut demand on Trustar, aft�r such �ime as may �hen b� required by la�rv and af�er <br /> re�ordation a�such fV�tice of ❑efault and affer Notice af Sale having been given as required by law, s�1f <br /> the Proper�y at the time and p[a�e of sale �ix�d by it in suGh Natic� af 5ale, ei�her as a whole� or in <br /> separate fots or parc�ls or items as Trusfee shall deem expedien�, and in such order as it may determine, <br /> at pu�lic auc�ion to the highest �idder�For cash in lawful money af the lJnited S�afies payable at the �ime <br /> �� sale. Trustee shal� deliver ta such purchaser or purchasers thereof its gvod and su��i�ient deed �r <br /> deeds canveying the praperty so soid, but withou� any co�enanfi ar warranty� express vr implied. The <br /> recitals En such deed of any ma�tters or fa�ts shall b� conclusi�e prao� of the truth�u�ness �hereo�F. Any <br /> pers�n, including without limitation Trustor, Trustee, or Lender, may purchase at such sa�e, <br /> {b} As ma�r be permitted by law� afte� deducting aIl C�5�5, fees and expenses of Trustee and of this <br /> Trust. including cos�s of e�idence of tit�e in connection with sale. Trustee shal[ apply the proceeds of sal� <br /> to payment af {iy a41 sums expend�d under the���ms�f this Deed af Trust ar under the t�rms of the Nat� <br /> not then r�paid, including but not limited ta a�crued interest and la�e chargesr {�i� all other sums then <br /> secured hereby, and tiii� the remainder, if any, �o the pers�n or persons legally entitled ther��o. <br /> �c� Trustee may in the manner pra�ided hy law posfpone sale of al!or any portion of the Property. <br /> Remed�es Not Exc�usive. Trustee and Lender, and each a� fihem, sha{I be �ntified �to en�arce payment and <br /> perf�rmance o�any indebt�dness or obligations secured by this D�ed Qf Trust and to exercis�all rights and pQwers <br /> under �his Deed of Trust. under the N�te, und�r any gf the Related ❑�cum�nts, ❑r under any o�h�� agreement ❑r <br /> any laws nflw or herea�ter in force; natwithstanding, som� or all of such indebtedn�ss and �bligati�ns secured by <br /> this �eed o�F Trust may naw or hereafter be atherwis� secured, whether by mortgag�, deed of trust, pledge, lien, <br /> assignment �r Q�herwise. Nei�her the acceptance of this ❑eed af Trust nar i�s en�orc�ment, whether by cour� <br /> actian or pursuant to the pow�r of sale or other p�wers contained in this Deed of Trust, sha[I prejudice or in any <br /> manner af�ec� Trus�ee's vr Len�er's righ� fia realize upon �r enfor�e any o�her securi�y nvw ar hereafter held by <br /> Trustee or Lender, it being agreed thafi Truste�and Lender, and each o'�them, shalf be entitled to enfiorce this Deed <br /> of T�ust and any other se�urity now ar h�r�after held by Lender or Trustee in such order and manner as they or <br /> either o� �hem may in their abs�lute discr�tion determine. No remedy con�erred upvn or reser�ed t� Trustee ar <br /> Lend�r, is in�end�d to be exclusive �f any other remedy in th�s Deed ��Trust or by law provided ar permit�ed, but <br /> each shall be �umulatiWe and shal[ be in additivn �v every o�h�r remedy gi�en in this ❑eed vf Trust �r now or <br /> h�reafter exist�ng afi law or in equity or by s�afiute. Every power or rem�dy gi�en �y the Nate or any vf the Related <br /> Da�uments to Trustee ar Lender �r t� which eith�r of them may be otherwise enti�l�d, may be exercised, <br /> concurrent[y or in�l�pendently, from time to time and as of�en as may b� d��med expedient by Trustee or Lender, <br /> and either �f �hem may pursue inconsist�n� rem�dies. Nathin� in this Deed o# Trus� shall be construed as <br /> prohibiting Lender from seeking a deficiency judgment against�he Trustor ta the �xtent suGh action is permitted by <br /> law. Election by Lender ta pursue any remedy shall not exclude pursuit of any other r�medy, and an electivn tv <br /> make expenditures ar ta take activn t❑ per�orm an o�ligatian o�Trus��r un�sr �his Deed ❑� Trus�, after Trustor's <br /> failure t� perfa�m, sha(I not affi��t Lender's right to declare a default and exercis� i�s remedies. <br /> Request�fvr No��ce. Trustor, on behalf�f Trustor and Lender, hereby requests�hat a c�py of any Notice of Defau�t <br /> and a copy of any lVotice of 5ale under�his Deed of Trust be mailed tv th�m at t�e addr�sses set tar�h in the first <br />