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2� 15�8444
<br /> DEED �F' TRUST
<br /> �Continued} Page 7
<br /> the same shall�hereupon become due and payable wi�hout any presentment, demand,p�otest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> ta} Either in person or by agent, with or without bringing any ac�ion or proceeding, or by a recei�er
<br /> appoEnted by a court and wi#hou#regard�to the adequacy af its securi�y, en�er upon and take possessian
<br /> of the Property, or any part thereof, in its own nam�or in the name of Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve the�a1ue, marketability or rentabi�ity of the P�operty,.or part of
<br /> � the P�operty or interest in the Property; increase the income from the Property or protect the security o�
<br /> the Prvperty; and, with or without taking possession of the Prvperty, sue for or otherwise collec� the
<br /> rents, issues and profits of the Prvperty, inciudfng those pas�t due and unpaid, and apply#he same, less
<br /> cvsts and expenses of opera�ion and collectivn attarneys'fees,ta any indebtedness secured hy this�eed
<br /> of Trust, aIl in such order as Lender may d�termine. The entering upan and #aking possession of the
<br /> Property, the colle�ion of such rents, issues and profits, and #he applir,ation thereof sha11 nof cure or
<br /> wa��e any default o�no#ice of de�aul�under�his Deed of Trust or in�a[ida#e any act done in respanse to
<br /> such de�ault or pursuan#�o such notice of de�aulfi;and, nvtwithstanding the con#inuance in possession of
<br /> the Proper�y or the collection, receipt and app�ication of rents, issues o�profits, Trustee or Lender shall
<br /> be en�i�led tv exercase e�ery right pro�ided for in�he No�e or the Related Documen�ts or by law upon the
<br /> occurrenve of any e�ent of defaul�, including the right to exercise the power of sale;
<br /> �b} Gommenoe an ac�ian to�areclose this Deec!of Trust as a mortgage,appoint a recei�er ar specifically
<br /> enfo�ce any of the co�enants hereof;and
<br /> �c} Deli�er to Trustee a vuritfen declaration of de�ault and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property�o be sold,which notice Trustee shall cause�o he
<br /> duly filed for record in#he appropriate offices of the Gounty in which#he Property is Iocated;and
<br /> �d} 111lith respect to a11 or any part af the Personal Property, Lender sha1�ha�e all�he rights and remed�es
<br /> of a secured party under#he Nehraska Un�form Gommerc�al Cade.
<br /> Fareclosure hy Rower of Saie. lf Lender elects tv foreclose by exerase o�the Pawer of Sale herein�ntained,
<br /> Lende�shall notify Trus�ee and shalI deposit with Trustee this Deed of Trust and the Nvte and such reoeipts
<br /> and evidenoe of e�qaenditures made and secured by this Deed of Trust as Trustee may require.
<br /> �a} Upon receipt af such natice from L�nder,Trustee shal�caus�to be reoarded, pub�ished and de�i��red
<br /> to Trustor such Natice af Defau�t and Na�ioe of 5ale as then requ�red by!aw and by th�s Deed.of Trust.
<br /> Trustee shaIl, withvut demand on Tn.rstar, after such time as may then be required by law and a�ter
<br /> recorda�ion of such Notiae of Default and aiter Noti�e of Sale ha�ing been gi�en as requi�-ed by law, sell
<br /> the Praperty at the time and plaoe of sale fxed by it in such Notioe vt Sale, �ither a� a v►rhole, vr in
<br /> separate Iots or paroels�r items as Trustee sha�l deem�xpedient, and i n such order as it may determi ne,
<br /> at public auction to the highest�idder for cash in lawful money af the United S�ates payable at the time
<br /> af sale. Trusfi�shall deli�er to such pur�haser or purchasers�hereaf ifis good and sufFicien�deed or
<br /> deeds von�eying the property so so�d, but withaut any ca�enant vr warranty, expr�ss or implied. The
<br /> recitals in such deed af any matte�rs❑r facfis sha11 be conclusi���roof�f the truthfu�ness thereof. Any
<br /> person, inciuding withou�limitafiion Trustor,Trustee,or Lender,may pur�hase at such sale.
<br /> {b} As may be perm itted by I aw, after ded ucti ng al I costs, fees and e�enses vf Trustee and vf th i s
<br /> Trust, incfuding costs of e�idenre vf ti�le in oonnection with sale,Trustee shall apply the prooeeds of sale
<br /> to payment of �i}all sums expend�d under the�errns vf�his�eed of T�-us�or under the terms of the No�e
<br /> not then repaid, including but not limited ta accrued interest and late�harges, (ii} al1 other sums then
<br /> sea.�red hereby,and �iii}the r��mainder, if any,ta the persan or persons Iegally�ntitled thereto.
<br /> �c} Trustee may in fhe manner pro�ided by Iaw pos�one sale vf all or any partivn of the Proper�y.
<br /> R�medies Not Exclusi�e. Trustee and Lender, and each of them, sha11 be enti#led fo enfvr�e payment and
<br /> perfv�man�e of any indebtedness or obligatEons se�ured by this Deed❑f Trus#and t�exer�ise aIl righ�s and pvwers
<br /> under#his Deed vf Trust, under the Note, under any vf�he Rela#ed Documents, or under any other agreement or
<br /> any Iaws nvw vr hereafter in fvrce; n�twiths#anding, some or al!of such indebtedness and obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise se�ured, whether by m�rtgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the a�ceptance vf this Deed of Trust nor i#s enforcement, whether by caurt
<br /> ac�ion or pursuan#to fhe power flf sale vr other powers contained in this Deed of Trus#, shali prejudice or in any
<br /> manner affect Trustee's or Lender's right fo reali�e upon or enfor�e any other security no►►v or h�reafter held by
<br /> Trustee or Lender,it bein�a�reed th at Trustee and Lender,and each of them,shall be entitled to enforce th is�eed
<br /> of Trust and any other security n�w vr herea�ter held by L�nder or Trustee in su�h vrder and manner as they �r
<br /> either of�hem may in #heir absolute discretion determine. Na remedy conferred upon or reserved ta Trustee ar
<br /> Lende�r, is intended to be exclusive of any o�her remedy in this Deed of Trus#or by law provided o�permitted, but
<br /> ea�h shall be �umulati�e and shall be in addition to eWery v#her remedy gi�en in this Deed of Trus# or naw or
<br /> herea�ter exisfing a#!aw or in equity or by statute. E�ery power or remedy gi�en by fhe No�e or any of the Related
<br /> Documents tv Trustee or Lender or to which either vf them may be vthenrvise entit[ed, may lae exer�ised,
<br /> cvncur�entiy or independently,from time fo �ime and as often as may be deem�d expedien�by Trustee or Lender,
<br /> and either of them may pursue inconsisfent remedies. Nvthing in this Deed af Trust shall be construed as
<br /> pr�hibi�ing Lender from se�king a deficiency judgment against the Trustvr fiv the exfent such action is permitted by
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