��14�3559
<br /> �EEL] �F TF�UST
<br /> . Laan No: °[�'I�75954� ��or�tinu�d} Page 7
<br /> appoin�ed by a court and wi�hau�regard �o th� adequacy of its security, enter upon an� take possession
<br /> a�the Praper�y, or any part thereof, in its awn nam� ar in th� nam� of Trust�e, and do any aGts which i�
<br /> d�ems necessary�r desirable ta preserve the vaEue, marketability or renta�ili�y o�the Praperty, or part o�
<br /> the Property or interes� in the Property� increase the incame from the Property or protect�he s�curity af
<br /> ths Property; and� with or w�thout �aking passession of �he Property, sue �or or otherwi-se ��Ilect the
<br /> ren�ts, issues and pro�its a�the P�-operty, including those past due and unpaid, and apply#he same, less
<br /> costs and exp�nses of opera�ion and cofiec�ion atfiorneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, all in such arder as Lender may det�rm�n�. The en�ering upon and taking pass�ssion �f the
<br /> Praperty, �he cv�le�tion �f su�h rents, issues and pro�its, and the appl�cation there�f sha�l not cure or
<br /> waive any default or nofiice of de�ault under this Deed of T�us�❑r in�alidate any act done in resp�nse �o
<br /> such default or pursuant to such notice o�d�fault; and, notwifihs�anding the continuance in pass�ssion of
<br /> the Property or the collection, re�eipt and app�icativn of rents, issues or pr�fits. Trust�� or Lender shal[
<br /> be entitled tv exercise e�ery righ� pr�vided for in th� Note or the Related ❑ocumen�s or �y law up�n th�
<br /> accurrence�f any event�f de�aul�. �ncluding the right ta exercise the pawer�f sale;
<br /> �b� Commence an a�tivn to fvreclose this ❑eed af Trust as a mortgage. app�int a receiver or speci�ically
<br /> enforce any a�th�co�enants hereaf; and
<br /> tcf Deli�er ta Trus�ee a written deciarativn of de�ault and demand for sale and a written notice of defaul�
<br /> an��lection to cause Trus�or's interes�in the Proper�y�to be sold, which notice Trus�ee shall cause to be
<br /> duly filed for recard in the apprapriat�offices o�f the Caunty in whi�h�he Property is lacated; and
<br /> td} With respec��o all or any part a�the Pers�nal Pr�perty, Lender shail have all the righfis and remedies
<br /> of a s��ured party under the Nebraska Uniform Camm�rcial Code.
<br /> Fore�losure by Power a�Saie. Ef Lender�lecfis to fiarec[ase by exercise vf the Power of Sa�e herein cantaine��
<br /> Lender sha�l nvtify Trus�ee and shall deposi� with Trustee this Deed vf Trust and the Nate and such re�eipts
<br /> and e�idence a�f expenditures rnade and secured by�his Deed of Trust as Trustee may require.
<br /> {a} Upan receipt of such notic� fr�m Lender,Trus��e shalE cause to be recarded, published and deli�er�d
<br /> �a Trustor such No�ice o� Defau�t and No�i�e of 5ale as then required by law and by this Deed o�Trus�.
<br /> Trustee shall, without demand an Trusfior, aft�r such time as may th�n �e required by law and a�Fter
<br /> recordation of su�h Natic� �f De�ault and af�er No�i�e af 5afe having been gi�en as required by law, se[I
<br /> the Proper�y at �h� time and plac� ❑f sale fix�d by it in su�h Notice of Saler either as a whole, or in
<br /> s�parate lots or parcels or items as Trustee shalf deem expedient, and in such arder as it may d�termine.
<br /> at publi� auction to �h� highest b�dder�f�r cash in law�Ful m�ney o#the United States payab[e at the time
<br /> vf safe. Trustee shall deliver ta such purchaser or purchasers �hereof its g�od and su�fi�ient �eed ar
<br /> deeds con�eying �h� property s� sald, but without any c��enant or warranty. express �r implied. The
<br /> reci�als in such deed af any matters or faGts shall be c�nclusive prvaf a�the truthfulness thereaf. Any
<br /> p�rson� including withvu�lim�tation Trustor, Trustee� or Lender, may purchase at such sale.
<br /> �b} As may be permi�ted by law, aft�r deduc�ing al1 C�75�S. �Fees and expenses af Trustee and of this
<br /> Trust, �ncluding casts af evid�nce �f title in connection with sal�,Trustee shal� app�y the proceeds af sal�
<br /> to payment of �i� aIl sums exp�nded under the terms af�this Deed v�Trust or under the terms of the Not�
<br /> not �hen repaidr including but not limited to accrued interest and �ate charges, �ii} all ather sums then
<br /> secur�d hereby, and �iii}the r�mainder, if any,to the person ar p�rsons �egally entitled ther�to.
<br /> - -- {c} Trustee may in the manner pro�i�ed by iav►r pas�tpone sa�e�f all ar any p�rtiQn a#the Property, � - .
<br /> __ -- . - �-
<br /> - - Remedies Nofi Ex�lusEWe. Trus�ee and Lender, and each of them, shall be entitfed ta enforce p�yment an�
<br /> performance o�any indebtedness ar obl�gations secured by this Deed o�Trust an��o exercise a1l rights and pawers
<br /> under this Deed of Trusf, under the No��, und�r any of the Relafied Documents, or under any other agreemen� ar
<br /> any laws norrv or hereaf�er in �arce; notwi�hstanding, some or all of such indebtedness and vbligations secured 1ay
<br /> this Deed a�Trust may now �r hereafter �e atherwise secured. whether by mortgage, d��d of trus�� pledg�, l�en,
<br /> assignment or vtherwise. hleither the acceptance af this Deed �� Trust nor its enforc�ment, wheth�r by CDu1"�
<br /> activn �r pursuan� �o �he power �f sale �r other powers contained in this ❑eed of Trus�, shall prejudice �r �n any
<br /> manner a��ect Truste�'s or Lender's right �a reali�e upon vr enfo�-ce any other security nvw.or hereafter held by
<br /> Trustee or Lender, if being agreed�hat Trus�ee and L�nder, and ea�h af them, shall be en��tled to enf�rce this Deed
<br /> a� Trusf and any o�her security now vr h�reaf�er held by Lender or Trus�ee in such order and manner as they vr
<br /> �ither o�f �hem may in their a�solu�ke discre#ian deterrnine. No remedy con�Ferred upon or reser�ed �o Trus�ee ar
<br /> Lender. is intended tv be exclusi�e o� any other remedy in �his Deed of Trust or by law proWided o� p�rmitted, but
<br /> each sha1� b� cumu[ati�e and shaEl be in additian to every other remedy gi�en in �his Deed af Trus� vr naw or
<br /> hereaf�er existing at law ar in equity or by statut�. E�ery power or r�medy gi�en by�he Nvte ❑r any of the Related
<br /> Documents to Trustee or Lend�r or tv which either afi them may be o�herwise en�itled, may be �xercised,
<br /> concurrently or Endependen�ly, �rom fiime �o time and as o�t�n as may he deemed �xpedient by Trus�ee or Lender,
<br /> and ei�her a� them may pursue inconsistent remedies. Nathing in this aeed �� Trust shall be constru�d as
<br /> prohibiting Lender fr�m seeking a deficiency judgment against the Trustor to the extent su�h action is p�rmit�ed by
<br /> law. E�ection �y L�nder �o pursue any remedy shall not excfude pursui� of any other r�medy, and an elec�i�n to
<br /> make expenditures �r to tak� actian to per�arm an obligation afi Trust�r under this Deed of Trus�, after Trust�r's
<br /> failure to perf�rm, shall nv�aff��t Lender's right to declare a defaulfi and exercise i�s remedies.
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