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��14���91 <br /> DEE� �F TR�J�T <br /> ����1ti�7ued� Page 3 <br /> Adverse Change. A material ad��rse change occurs in T�ustor's �inancial canditi�n, or Lender beli�ves the <br /> prospect of payment or performance of�he lndeb�edness is �mpaired. <br /> Insecurity. Lender in good faith belie�es its�lf insecur�. <br /> RIGHTS AND REMEDIES DIV DEFAULT. Upon. fihe occurren�e of any E�enfi �f D�fault under any inde��edn�ss, vr <br /> should Trustor fail to comply with any o�Trust�r's ab[fgations under this Deed of Trust, Trustee vr Lender may exercise <br /> any one vr more of the follawing rights and remedies: <br /> A�ceferation Upon Defaul�; Additiona� IRemedies. [f any E�ent o�f D�fault occurs as per�he terms of the No�e <br /> secured hereby, Lender may declare all lndet�tedness secured �y this Deed of Trust to be du� and payable and <br /> �he same shall thereupvn b�come due and payable withau�any presentment, demand, protest or notice a�any <br /> kind. Thereafter, Lender may: <br /> �ay Either in person vr by agen�, with ar without br�nging any action or praceeding, or by a recei�er <br /> appointed by a cvur� and without regard �❑ the adequa�y�f its security, en�er upvn and take possessi�n <br /> of the Property, vr any par�there�f, in �ts vwn name or in the name af Trustee, and do any acts which it <br /> deems ne�essary or desirable to preser�e the �a[ue, marketabi[i�y or rentabi[fty of the Proper�y, or part of <br /> the Prvp�r�ty �r int�rest in the Properfiy; in�rease the income frvm the Property or pr�teGt the security v�F <br /> the Prvperty; and, wi#h vr without taking possession of the Praperty, sue �For o� atherwise callect the <br /> rents, issues and profifis o�the Property, inc[udEng those past due and unpaid, and apply the same, less <br /> �vsts and expenses of vperation and collection attorneys' fees, to any indebtedness secured by this Deed <br /> of Trust, all in such order as Lender may determins. The entering upon and taking possession �f the <br /> Proper�y, the collection �f such rents, issues and pr�fits, and the applica�ion thereof shall not cur� vr <br /> waive any defaul� or notice af default under this aeed of Trus�or in�alidate any act done in response to <br /> su�h default or pursuant to such natice o�F de�Fau[t; and, nvtwithstanding the cvnfinuance in passession ofi <br /> �he Property ❑r �he cvllecti�n, re�eip� and applica�ion o�f r�nts, issues or profits, Truste� �r Lender shall <br /> be entitled tv exercise errery right pr�Wided for in the Note or the Related Documents or hy !aw up�n -the <br /> oc�urrence of any e�ent of de�au�t, including the right to exercise the pvwer of sa1e; <br /> �b� Commence an action �o forec[�se this Deed vf Trus�as a mor�gage, appoint a r�cei�er or speci�ically <br /> en�orce any ofi the co�enants hereof; and <br /> {c} DeliWer to Trus��e a wr�tten declaration of default and demand �For sale and a written notice vf de�au[� <br /> and election to caus�Trustor's interest in ths Property to be sold, which nQtice Trus�ee shall cause to be <br /> duly filed f�r recard in�he appropriate vffices af the G�unty in vvhich the Praperty is locat�d; and <br /> �d� Vllith respect to ali or any part of�he Pers�nal Pr�perty, Lender shail ha�e a[C the rights and r�medEes <br /> vf a secured party under�he Nebraska Uniform Commercial �ode. <br /> Farec�osure by Pvwer of Sa[e. ff Lender elects to foreclose by exercise v�the Power of 5ale herein contained, <br /> Lender shall nvtify Trustee and shal! depvsit with Trustee this Deed of Trust and the Note and such receip�s <br /> and eWidence vf expenditures made and secured f�y this ❑�ed of Trust as Trus�ee may require. <br /> �ay �pon �-eceipt of such notice fr�m Lender, Trustee sha�! cause tn be recorded, published and deli�ered <br /> t� Trustv�such Natice of De-fault and Nvtice ❑f Sa�e as then required hy �aw and by this Deed of Trust. <br /> Trus�ee shali, without demand an Trustor, aft�r such time as may then be required by [aw and after <br /> recordation ❑f such Notice vf Default and a�f�er Notice ❑f 5ale ha�ing been gi�en as required by faw, sell <br /> the Proper�y a� �the �ime and pface of sale fixed by i� in such No�ice o�f Sa[e, either as a v�rh�le, or in <br /> separate �ots or parcels �r items as Trustee shall deem expedient. and �n such ord�r as it may determine, <br /> at public auction to the highest bidder�or cash in lawful money v�the United S�ates payable at the time <br /> of sale. Trustee shal[ de�i�er to such purGhaser or purchasers thereofi �ts good and sufficient deed or <br /> deeds con�eying the proper�y so sold, bu� v►rithout any co�enant or warranfiy, �xpress �r implied. The <br /> recitals in such deed of any matters or facts sha[[ be c�nclus��e prvvf af the truthfulness there��r. Any <br /> person, including wi�hou�limi�a�ion Trust�r,Trustee, ar Lender, may purchase at such sale. <br /> J <br /> �by As may be permitted by law, after deducting a!! costs, �ees and expenses �f Trustee and of this <br /> Trust, including c�sts vf e�idence of tit[e in c�nnec�ion w�th sale, Trustee shall apply the prac�eds o�sale <br /> to paymen�of �i} al!sums expended under the terms of�this Deed��Trusfi or under�h�terms of the Note <br /> nvt then repaid, including bu�t not ��mited to a�crued in�erest and late charges, tii} all other sums then <br /> secured hereby, and {iii} �he rema�nder, if any,to the persan vr persons Iegally en�Etled theretv. <br /> �c� Trustee may in the manner pr��ided by law pastpone sale of a[I or any porti�n of�he Prvperty. <br /> 1�emed�es Not Ex�iusive. Trustee and Lender, and each �f them, shall be entitled tv enforce payment and <br /> p�rformance of any indebtedness or obligatians secured by this Deed ofi Trust and to exercise all rights and powers <br /> under this �eed of Trus#, under the Note, under any o#the Related ❑�cuments, a� und�r any other agreement or <br /> any laws now ar hereaf�er in force; notwithstanding, svme or a11 of such indebtedness and obligations se�ured by <br /> this Deed �f Trust may no�rv or herea�ter be otherwise secured, whether by mortgage, deed of trus�, pfedge, lien, <br /> assignment ❑r atherwise. Neither the acceptance �f �h�s Deed af Trust nor its en�orcement, whether E�y cour� <br /> action or pursuant t� �he po�nrer �f sale or other p�wers contained in this Deed o�Trus�, shal[ prejud�ce or in any <br /> manner a��Fec�t Trustee's or Lender's right �o rea�ize up�n �r enforce any other security nvw ar hereaffier held by <br /> Trustee or Lend�r, �t being agreed tha�Trustee and L�nder, and each of th�m, shall be entitled fiv enforce this ❑eed <br /> o� Trust and any other security now or hereaf-ter h�ld �y Lender or Trust�� �n such orde� and manner as they ❑r <br /> ei�her o� them may in their absoEute discretion determine. No remedy conferred up�n or rese��ed tv Trustee or <br /> Lender, is intended to be exclusi�e of any ather remedy in this Deed vf Trust or by larrv provided vr permitted, but <br /> each sha[I be cumula�i�e and shall �e in additi�n to e�ery other remedy gi�en in this Deed of Trust �r now vr <br /> herea��er exis�ing a�k faw❑r in equity or by statute. E�ery pov�rer�r remedy gi�en E�y the Note or any a�the Related <br /> Documents to Trustee or Lender or �o which ei�her of �hem may be otherwise entit[ed, may be exercised, <br /> concurrently or �ndependently, from time tfl time and as of�en as may be deemed expedient by Trustee or Lender, <br /> and either of them may pursue inconsis�ent remedies. Nothing in this Qeed of Trust sha11 he c�nstrued as <br /> prohibiting Lender from seeking a def�ciency judgment against the Trust�r�a the extent such activn is permi�ted by <br /> 1aw. Elec�ion by Lender t� pursue any remedy shall not exclude pursuit vf any other remedy, and an electi�n t❑ <br /> makP Qxnanrliti�ra� nr �n takP ar_t�inn tn narfnrm an nhlinatinn n# Tri f��-nr i�nrlPr thi� T7aar� nf Tr��ct� a�Ftar Tr�ictnr'c <br />