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��15��354 aEED �F TRUST Lvan Nv: '1�'I�849'I 5 ��nt�nued} Pa�e 7 � occurrence ❑f any e�ent o#default� including the right to exercise the pawer o�sale; {b� Commen�e an action to foreclos��his Deed ❑f Trust as a mor�gage, appoint a recei�er vr specifi�a�ly enforce any v�the co�enants hereaf; and �c} Deli�er�❑Trustee a wri��n dec�aration of de�ault and demand for sale and a writ�en notice v�default and election to �ause Trustvr's interes�in�he Property to be sold� which no�ice Trustee shall cause to be duly filed for record in the appropriate❑ffiices of the Cvunty in which the Prop�rty is [ocated; and �d} With respect to af! ar any part of th� Persona� Property, Lender shall ha�e all the rights and remedies a�a se�ur�d par�y under the Nebraska Uni#nrm Cvmmercial Code. Foreclosu�e by Pvwer of 5ale. If Lender elects to foreclose by exercise ofi the Power❑f Safe herein contained, Lender shaif nvti�y Trustee and shall depvsit with Trustee �his Deed of Trust and �he Note and such receip�s and e�idence o�expenditures made and secured �y�his Deed ❑�Trust as Trustee may require. �a} LJpfln receipt❑f such notice fram Lender, Trustee shall cause�o be �e�orded, publish�d and deli��red t❑ Trustor such Natice �f Default and Natice af 5ale as then required by �aw and by �his ❑eed ❑�Trus�. Trustee shall, without demand ❑n Trustvr, after such �ime as may �hen be required �y law and a�ter recorda�ivn ❑f such Notice o� [��fault and after Notice of Sale having been gi�en as required by law, sell the Property a� the time and place ❑f sale fixed by i� in such Nati�e of Sale, either as a whole, vr in se�arate �ots ❑r parcels or [tems as Trus�tee shall deem expedient, and in such arder as �� may determine, at pu��c auction t❑ the highest bidder f�r cash in lawful money o�the �nited States payable at the time ❑f sale. Trustee sha�I deli�er �❑ su�h purchaser or purchasers thereof its gvod and suffiicien� deed ❑r deeds can�eying the proper�y so sald, but withaut any ca�enan� ❑r warranty, exp�-ess ar implied. The reci�als in such deed ❑f any matters ❑r fiacts shall be conc�usive proaf of �he truthfulness therev�. Any person, inciuding withvut Iimitat�an Trustor, Trustee, ar Lend�r, may purchase at such sale. {b} As may be permitted by law, after deducting all cvsts, fees and expenses vfi Trustee and of this Trusfir including �vsts of e�idence af t�tle in �anne�tivn with sale, Trustee shall apply the proce�ds o�sa�e � t❑ payment vf �i� all sums expended under�he�erms of�h�s I�eed ❑f Trust or under the�erms ❑fi the No�e not then repaEd, in�luding laut not limited t❑ a�crued interest and lafie �harges, {ii} all ❑ther sums then ; secur�d hereby, and {iii} the remainder, if any, tv the persan ar persons �egally ent�tIed thereto. {c} Trustee may in�he manner pro�ided by�aw pastpvne sale❑fi al[❑r any port�vn of�he Properfiy. � Remedies Not Exclusi�re. Trusfiee and Lender, and each ❑f �hem, shall be entitled to enfarce payment and � perfarmance a�any indebtedn�ss ar obli�ations se�ured by this Deed af Trust and ta exercise all rfghts and powers under �his Deed ofi Trust, under the Nvte, under any of the Related Dacumen�s, ❑r under any other agreement or any laws now or herea�ter in fvrce; notwithstanding, some ❑r a�[ af such indebtedness and ❑bligations secured by this Deed a�Trust may now or hereafter be otherwise secured, whe�ther by mortgage, deed af�rus�, pledge, lien, assignmen� or atherw�se. Neither the a�ceptance af �his Deed v� Trust nor its enforcement, whether by cvurt action or pursuan�to the pawer of sa�e or ather powers cvntained in �his Deed ❑�Trus�r shall p�ejudice or in any manner af�ect Trustee's ❑r Lender's right to realize upon or enfvrce any other se�urifiy now ❑r hereaf-t�r held by Trustee ❑r Lender, it being agreed that Trus�ee and Lender, and each vf them, shall be entitled�o enfior�e this �eed ❑�Trust and any ❑ther security now or hereaf�er held by Lender or Trustee in such vrder and manner as they or either of them may in -�heir ahsolu�e discretion de�ermine, No remedy canferred upan �r reser�ed to Trustee vr Lender, is intended �o be exc�usiWe of any v�her remedy in this Deed of Trust ❑r by 1aw prv�ided or permitted, but � each shall be �umulati�� and shall he in addition ta e�ery ��her remedy given in this ❑eed �fi Trust ❑r now ❑r hereafter exis�ing at law or in equi�y or by sta�ute. Every pvwer or remedy gi�en by�he.Note or any of the Rela�ed Dvcumen�s t❑ Trustee ar Lender ❑r t❑ which either vf them may he vtherwise en�itledr may be exercised, ` concurrently or independently, fr�m time �o time and as af�en as may be deemed expedien� by Trustee ❑r Lender, ' and e�ther ofi them may pursue incansistent remedies. Nothing in th�s Deed ofi Trust sha�l be cons�rued as , prohibiting Lender tram seeking a defiiciency judgment aga�nst�he Trustor�o the extent such action is permitted �y law. Election by Lender to pursue any remedy shal� not exclude pursuit of any other remedy, and an elect�an t❑ make exp�ndi�ures or �❑ take acfiion �o perfiorm an obli�ation of Trustar under this Deed ❑f Trus�r af�er Trustor's failure�o perform, shall not a�fect Lender's righ�tv declare a default and exer�is� its remedies. � Requesfi for N�tice. Trus�or, on behalf o�Trustar and Lender, he�eby requests tha�a cvpy of any No�ice of❑efault and a copy of any Noti�e ❑f Sale under this ❑eed ❑f Trust be mailed �o'�hem at th� addresses set �vrth in�he first paragraph of this ❑eed af Trust. Attnrneys' Fees; Expenses. lf Lender ins�itutes any suit or action ta en�orce any ofi the terms vf this Deed af Trus�, Lender sha![ be en�i�led �❑ reco�er such sum as the cvurt may adjudge reasanable as attarneys' fees at trial and upon any appea[. Whether ❑r not any court action is invalW�d, .and tv �he exten� na� pr�hibited by law, all reasvnable �xpenses Lender in�urs �hat in Lender's ❑pinion are necessa�y a�t any time for the protection ❑f i�s � interest❑r the enf�rcement�fi ifis �ights sha1l be�ome a part af the f nde��edness payable on demand and sha[� bear � interes�a�the Note rate from the date ❑f�he expsnd�ture untii re�aid. Expenses cvvered by this parag�aph inc�ude, wi�hvut limitation, howe�er subje��to any limits under appiicabie law, Lender's at�orneys` �ees and Lender's legal expenses, whethe�- ❑r not there is a iawsu�t, �nc�uding attorneys' fees and expenses �ar bankruptcy proceedings �including e#fior�s�o modify or�a�ate any automafiic stay❑r injuncfiiany, appeals, and any an�icipated pasf-judgment callection ser�ices, the cos� ❑�searching records, abtaining �itle reparts {including toreclvsure reparts�, su�veyvrs'