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��14�5591
<br /> DEED �F T'I�U�T
<br /> ��ontinued� �age �
<br /> kind, Thereafter, Lender rnay: �
<br /> �a} Either in person or by agent, w�th or wi�hout bringing any ac�i�n or proceeding, vr by a recei�er
<br /> appointed by a �ourt and w�thout regard ta the adequacy �f its s�curity, enter upan and take passessian
<br /> o�the Prop�rty, or any part�hereaf, in its awn name or in the name of Trustee, and d� any a�ts which it
<br /> deems necessary or des�rabfe to preser�e the value, marketabi�ity or rentability a�the Property, or part of
<br /> t�e Property or interest in the Pr�pe�ty; increase the incQme fram the Prvper�� or protect �the se�urity o�
<br /> the Property; and, with or without taking passession vf the Praper�y, sue for or otherwise �oliect the
<br /> rents, issues and profi�s af the Proper�y, rncluding those past due and unpaid, and app�y ths same, less
<br /> c�sts and expenses of operation and cvllection attorneys' fiees, to any indehtedne�s secured by this Deed
<br /> of Trust, all in 5L1Gh ar�er as Lender rnay determine. The entering upon and �taking pvssession afi the
<br /> Property, the �allection of su�h rents, 155LlES and pro�fits, and the application thereofi shafl not cu�� vr
<br /> wai�e any default or natice vf default under this �3eed af Trust or in�alidate any a�t done in respanse tn
<br /> such defau�t or pursuant t❑ such notice a�f default; and, nvtwithstanding the cvn�inuance in possession of
<br /> the Property vr the collectiQn, rec�ipt and appli�at'ron of rents, �ssues or profits, Trustee or Lender shall
<br /> be en�iiled to ex�r�ise every righ� pro�ided for in�he Note or�he Re�ated Documents or hy law upon�he
<br /> accu�rence vf any e�ent vf d�fault, including the right tv exercise the pvwer of sale;
<br /> Iby �ammence an activn to forec�ose this Qeed of Trust as a mo�tgage, appoint a receiv�r vr speciticatly
<br /> enfvrce any ot the�ovenants hereof; and
<br /> �c� Deii�e�ta Trustee a written dec�aratian o� de�aul�and demand for sa�e and a wr�tten nofiice of de�au�t
<br /> and e(ection ta cause Trustar's interest in the Prvperty tv be sold, whi�h no�tice Trus�ee sha�! cause�tv �e
<br /> duly�iled #ar recvrd �n the apprvpriate offices af�he Caunty in which the Prop�rty is located; and
<br /> �dy With respect to all ar any part af the Persanal Proper�y, Lender shal� ha�e all the rights and remedies
<br /> of a secured party under the Nebraska �ni�orm Commercial �ode.
<br /> Forecic�sure by Power af Sale. �f Lende�'el�cts to foreclose by exer'cise of the Pawer of 5a�e herein contained,
<br /> Lender sha�! notify Trust�e and shail depostt with Trustee this Deed o� Trus� and fihe 1Vote and such r�ceipts
<br /> and e�idence of expendrtures mad� and s�cured by this ❑eed af Trust as Trus�ee may require.
<br /> �ay Upon receip� af su�h notice rtr�m Lender, Trustee sha�! cause to be recarded, pub�ished and deli�ered
<br /> to Trustor su�h Noti�e ❑� D�fault and Natice af Sale as �h�n r�qui�ed by iaw and by this Deed �f Trust.
<br /> Trus�ee shal�, withau� demand ❑n Trusto�, after such time as may th�n be requ�red by �aw and a�ter
<br /> recardat�on of such Na�ice of Default and after Natic� of Sale ha�ing been gi�en as required by law, sell
<br /> the Property at the time and place a� sa�e fixed by it in su�h Noti�e af 5a�e, either as a whvle, ar in
<br /> separate iots or parcels or items as Trustee shall deem expedien�, and in such arder as it may determine,
<br /> at public auction to the highest bidder for c��h in �awful money of the United States paya�fe at the time
<br /> ❑� sale. Trustee shaii defi�er ta such purchaser or pur�hasers thereof i�s goad and sufficient d�ed vr
<br /> deeds con�eying the praperty sa sa�d, �ut with�ut any ca�enant flr warranty, express or imp�ied. The
<br /> re�ita�s in such deed o�F any ma�ters or fac�s shai� be can�lusi�e praof of the truthfulnes� thereo�. Any
<br /> person, including withaut limitation Trustor, Trus�ee, or Lender, may purchase at such sale.
<br /> tb� As may be permitted by law, after deducting all costs, fees and expenses a� Trustee and ❑f this
<br /> Trust, includ�ng costs af e�idence of title in connection with sale, Trustee shall apply the proceeds of sale
<br /> to payment a� �i� ail sums exp�nded under th�terms a�this D�ed af Trust or un��r the term� af the Note
<br /> not then repaid, inc�uding but nat limited to a��rued interest and late charges, �iiy afl other sums then
<br /> secured hereby, and tiiif the remainder, if any, to the person or persons legaliy ent�tied thereto.
<br /> �c� Trus�ee may in the manner prQ�ided by law p��tpone sale of all or any portion of the Property.
<br /> Remedies Nvt Excfusi�e. Trustee and Lender, and each ❑f �hem, sha�! be enti�led to enforce payrnent and
<br /> performanee of any indebtedness �r obligativns secured by this Deed of Trus�and to exercise ai! rights and pawers
<br /> under this Deed af Trust, under �he No�e, unde� any of the Related Documents, or under any other agreement vr
<br /> any laws now or herea�ter in farce; natwithstanding, some vr all of such indebtedness and vb�igations se�ured hy
<br /> this Deed of Trust may now �r hereaf��r be otherwise secu�ed, whether by mortgage, de�d o�trust, pledge, lien,
<br /> assignment or atherw'sse. Neither the ac�eptance Q� this Deed vf Trust nor its enforcement, whether by court
<br /> action or pursuant to the pvwer a� sale or oth�r powers con�tained �n this Deed o�Trust, shall prejudice or En any
<br /> manner af#e�r Trustee's or Lender's right �o realize upon or enfor�e any �ther security novu or her�after held by
<br /> Trustee o� Lender, it being agreed that Trustee and Lender, and ea�h o#them, shall be entitled ta enforce this ❑eed
<br /> af Trus� and any ather secur�ty now or hereaf�er held by Lender ar Trustee in such order and manner as �hey or
<br /> either a� �hem rnay in their absolute discretivn determine. Na remedy c�nferred upon or reserved tv Trus�ee or
<br /> Lender, is intended ta be exc�usi�e ❑#any other rem�dy in this Deed of Trust or by ]aw pro�ided or permitted, bu�
<br /> each sha�i be cumulati�e and shaEL be in a�diti�n fio every ather r�rnedy given in this ❑eed af Trus� vr now vr
<br /> hereafter existing at law or in equity ar by statute. E�ery power or remedy gi��n by the Nate or any of the Related
<br /> Dacum�nts ta Truste� or Lender ❑r ta whi�h either ❑f them may be ather►rvise entitled, may be exercised,
<br /> ��ncurrently ar independently, from time to time and as often as may be deemed �xp�dient by Trustee or Lender,
<br /> and �ither of fihem may pursue inconsis�tent remedi�s. Nath�ng in this Deed of Trust shall b� ��nstru�d as
<br /> prohibifiing Lender from seeking a d�ficien�y�udgment ag�inst the Trustvr to the extent such activn is permitted by
<br /> law.
<br /> Eie�tivn vf Remedies. All o� Lender's rights and remedies will be cumu[ati�e and may be exercised alane ❑r
<br /> together. #f Lende� decides �o spend mvney or to per�farm any a� Trustvr's obligatians under this Deed �f Trust,
<br /> afte� Trustor's failure ta da so, that decision �y Lender wil� nQt affect Lender's ri�ht ta declare T�ustor in default
<br /> and to exer�ise Lender's remedies.
<br /> Request far Notice. Trustor, an beha�f o�Trustvr and Lender, hereby requests that a capy of any Notice of Defaul�
<br /> and a copy o�any Natice of Sale under this Deed of Trust be mailed to them a�the address�s set forth �n the first
<br /> paragraph of this peed v�Trust. ,
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