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��14�4194
<br /> [�EED �F T'I�LJ�T
<br /> Lvan N�� '��"[�7�659 ����1t��1u�d� Pag� �
<br /> appaint�d by a court and withou� regard to the ade�ua�y of its security, �nt�r upon and take possessian
<br /> of the Prop�rty, or any part thereo�, in its own name or in ths name o�Trustee, and do any acts which i�
<br /> deems necessary or desira�le to preserve �he �aiue, marketability or rentability�f the Proper�y, or part�f
<br /> �he Pr�perty or int�rest in the Property; �n��ease the incame �From the Property or protect the s�curity a�
<br /> the Proper�y; and, with ar withvu� takinc� possession of the Property, sue fivr or o�herwise cflllect the
<br /> rents, issues and pro�its nf the Praperty� including those pas� due and unpaid, and appiy the same. �ess
<br /> costs and expenses o�operati�n and cQllectian attorneys' fees, ta any indebtedness s�cured by�his Deed
<br /> of Trust, a!I in such order as Lender may determine. The en�ering upon and taking possession o� the
<br /> Property� the collectian ❑f such rents, issues and pr�fits, and the applicafion therea� shall n�t cure or
<br /> waive any default ar notice �fi default under this De�d of Trust�r inWalida�e any act dvne En response ta
<br /> such defaul�or pursuant to such notice of defau�t; and, na�wi�hs�anding the �on�inuance in poss�ssion o�
<br /> the Property or the ��I�ec�i�n, receipt and application of rents, issues or profits. Trustee ar Lender shall
<br /> �e entit�ed to exercis� e�ery right pro�ided f�r in the Note or the Related Dacumen�s or by !aw upon fih�
<br /> occurrence of any even�of de�ault, in�lu�ing the righ�fiv exercise#he pflwer of sale;
<br /> �b� Commen�e an action to farec[ase�this Deed of Trust as a m�rtgage, appoint a receiWer�r specifically
<br /> � �nf�r�� any at the covenants hereo�; and
<br /> {cy Deli�er to Trustee a written declaration of default and demand for sale and a written notice of d�fault
<br /> and election ta cause Trust�r's inter�st in the Praperty to be sold, which natice Trustee shall cause to be
<br /> duly filed for record in the apprapria�e offices of the County in which th� Proper�y�s [vcated; and
<br /> {d} 1!Ilith respect�o a11 or any par�o�f the P�rsvna� Praperty, Lender shal[ haWe a�l th� righ�s and r�medies
<br /> vf a s�Gured party under the Nebraska Uniform �flmmer�ial Cvde.
<br /> Fareclosure by Power of Sa�e. [f Lender ele�ts�o ��recl�se by exercEse vf�he Power of 5a�e her�in contained,
<br /> Lender shall natify Trustee and shall deposit with Trus�e� this ❑eed ��Trust and the Note and such receipts
<br /> and e�idence Qf expenditures made and secured by this Deed vf Trust as Trust�e may require.
<br /> �a} Upon rsceipt vf such no�ice from Lender, Trustee shall cause�o be recorded, pub�ished and delivered
<br /> ta Trustar such IVo�ice of Default and N�tice of 5a1� as then required by law and by�his Deed vf Trust.
<br /> �Trustee shall, without demand on Trustor, af�ter su�h time as may th�n be required by law and after
<br /> recorda�ti�n of such Nvtice af Default and after Natice vf 5ale having been given as requir�d by la�nr, sell
<br /> the Property at the time and place of sale fixed by i� in such Na�tice of 5ale, either as a ►rvhvle. ❑� in
<br /> separat� iots ��parcels ar i�tems as Trustee shalf deem expedient, and in such order as i� may determine,
<br /> a� publi� auction to �he highest bidder�or cash in law�ul m4ney of�he United 5�ates payable at th� tim�
<br /> of sale. Trus�ee shal� del��er to such purchaser or purGhasers thereof its good and sufficient deed or
<br /> deeds conveying the property sv so�d, but without any cv�enant vr warranty, express or irnplied. The
<br /> recitals in such deed a� any matters o� facts sha1� be con�iusi�e provf af the tru�h�Fulness thereaf. Any
<br /> p�rsan, inGluding wifih�ut[imitatian Trus�or, Trus�ee� or L�nder. may purchase a#such sale.
<br /> {b} As may be permi��ed by law, af�er deducting a[f costs, fees and expenses of Trustee and nf �his
<br /> Trust� including costs of eWidence of title in conne�tian with sa[e,Trustee shal! app�y the proceeds of sale
<br /> to payment af {i} all sums expended under the t�rms of this Deed o�Trust or undsr th�terms o�F the N��e
<br /> no� then r�paid, includEng �ut not limited �o ac�rued int�rest and la�e charges, �ii� all ather sums then
<br /> secured her�by, and �iii� �th� r�maind�r, if any, �o�he persan or p�rsons legally entifil�d there�a: - �
<br /> �c� Trus�ee may in the manne:r--�rovided by la�rvv p�stpone safe of all or any p�rti�n of the Prop:erty. �
<br /> Rernedie� Nvt Exc�us���. Trustee `a:nd-�::Lender, and each of them, shall be enti�led �a en�arce paymen� and
<br /> p�rformance�f any ind�btedness or abliga�ians secured by�his Qeed af Trust and to exercise all ri�hts and_powers
<br /> under �his ��ed vf Trus�, under the No�te, und�r any of the Relat�d Documenfis, or under any a�her agre�ment or
<br /> any laws now or hereafter in ��rce; natwi�hstandin�, some or all of such indebtedness and abli�ations secured by
<br /> this a�ed of Trus� may naw or hereaft�r be otherwis� secured, wh�ther by m�rtgage, deed o��rust, pledge. lien,
<br /> assEgnment �r otherwise. Neither the accep�anc� of this D�ed a� Trust nor i�s enfor�ement� whether by court
<br /> act�on or pursuant �o the power af saie a� othsr pawers contain�d in this Deed of Trus�t, shall prejudice or in any
<br /> manner af�ect Trustee's or Lender's right to realize upon ar en�Farce any o�h�r securi�y now �r hereafter held by
<br /> Trustee or Lender, it being agr��d that Trustee and Lender, and each o�them, shall be entitled to enfarce�his ❑e�d
<br /> of Trust and any other security now ar hereaf�er held by Lender or Trus�ee in such order and manner as they or
<br /> either af them may in their absnlute disc�e�ion �etermin�. No remedy cvnferred upon or res�rv�d fia Trustee or
<br /> Lende�, is intended �a be exclusi�e vf any o�her remedy in this ❑eed of Trust or by law pro�id�d ar permitted, bu�
<br /> each shall be cumu�ative and shal� be in addifiion t� ev�ry other remedy g�ven in this ❑eed of Trust or now or
<br /> h�reaf�er existing at law or in ��u�ty ar by s�a�u�e. Every pawer ar remedy given by�he Note or any ofi the Re�ated
<br /> Dacumenfis to Truste� vr Lender vr �o which either �� th�m may be a�herwise en�itied, may be exercised,
<br /> Con�urrently or indepandently, from time t� fiime and as vften as may be d�emed expedient by Trustee �r Lend�r,
<br /> and either o� them may pursue inconsistent remedi�s. Nathing in th�s Deed v� Trust shall be construed as
<br /> prohibiting Lender�rom see�ing a defic�ency judgment against th�Trustor�o the exten�such ac�ian is permit�ed by
<br /> law. Electivn by Lender to pursue any rem�dy shaif not exclude pursui� af any other remedy, and an electian �o
<br /> mal�e �xpenditures or �o �ake actian to p�rf�rm an vbligatian of Trustor under this Deed o�Trust, after Trustar's
<br /> �ailure to perform. shal! not a��ec�t Lender"s right t❑declare a d�fault and exercise its remedies.
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