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� � 2� 1 ���573
<br /> aEEa DF TF�UST
<br /> Loan No: 7�7�9�7 39 ��orltirlued� . Page 7
<br /> deems necessary or des�rabfe to preser�e the value, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Property; inCrease the incom� from the Prop�rty or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise coll�ct the
<br /> rents, issues and profits of the Prop�rty, incfuding those past due and unpaid, and appfy the sam�, less
<br /> costs and expenses of operation and collection attorneys' fees,to any indebtedness secur�d by this D�ed
<br /> of Trust, al! in such order as Lender may determine. The entering upon and taking possession ofi the
<br /> Proper�y, the coliection ofi such rents, issues and profits, and the application thereofi sha�l not cure or
<br /> wai�e any default or notice ofi default under this Deed of Trust or in�a��date any act done in response to
<br /> such defauit or pursuant to such notice of defiault; and, notwithstanding the continuance in possession of
<br /> the Property or the co�lection, receipt and appfication ofi rents, issues or profits, Trustee or Lender sha��
<br /> be entitled to exercise e�ery right pro�ided for in the Note or the Refated Documents or by law upon the
<br /> occurrence of any e�ent of default, including the right to exercise the power ofi sale;
<br /> �b} Commence an action to�oreclose this Deed o�Trust as a mortgage, appoint a recei�er or speci�ically
<br /> enforce any ofi the co�enants hereof; and
<br /> �cj Defi�er to Trustee a written declaration ofi defiauft and demand fior sale and a written notic� ofi defiault
<br /> and election to cause Trustor's inter�st in th� Property to be so�d, which notice Trustee shall Cause to be
<br /> duly filed for record in the appropriate offices ofi th� County in which the Property is focated; and
<br /> �d� With respect to all or any part o�the Persona! Property, Lender shalf ha�e all the rights and remedies
<br /> ofi a secured party under the Nebraska Uniform Commercial Code.
<br /> Fvrecivsure by Pvwer vf Saie. If Lender elects to fiorec�ose by exercise of the Power o�Sale herein contained,
<br /> Lender sha!! notifiy Trustee and shaff deposit with Trustee this Deed ofi Trust and the Note and such receipts
<br /> and e�idence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> �aj Upon receipt of such notice firom Lender, Trustee shalf cause to be recorded, pub�ished and d�fi�ered
<br /> to Trustor such Notice of Default and Notice of Sale as then requ�red by faw and by this Deed ofi Trust.
<br /> Trustee shall, without demand on Trustor, aft�r such tim� as may then be required by law and after
<br /> r�cordation of suCh Notice of Defauft and aft�r NotiC� of Safe ha�ing been gi��n as required by Faw, sell
<br /> the Property at the time and p�ace of sale fixed by it in such Notice of Sa�e, either as a whoie, or in
<br /> separate Iots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> of safe. Trustee shall defi�er to such purchaser or purchasers thereo� its good and sufificient deed or
<br /> deeds can�ey�ng the property so sold, but without any co�enant or warranty, express or impl�ed. The
<br /> recitals in such deed ofi any matters or fiacts shall be conclus��e proofi o� the truthfulness thereof. Any
<br /> person, incfuding without limitation Trustor,Trustee, or Lender, may purchase at such sa�e.
<br /> �bj As may be permitted by law, after deducting a[f costs, fees and expens�s of Trustee and of this
<br /> Trust, including costs ofi e�idence ofi title in connection with sa�e,Trustee shaff apply the proceeds ofi safe
<br /> to payment o� �ij alf sums expended under the terms of this Deed ofi Trust or under the terms of the Note
<br /> not then repa�d, including but not limited to accrued int�rest and �ate Charges, �ii� aff other sums then
<br /> secured hereby, and �iii� the remainder, ifi any, to the person or persons fegally entitled thereto.
<br /> �c� Trustee may in the manner pro�ided by law postpone safe of alf or any portion of the Property.
<br /> Remedies Nvt Exc�usi�e. Trustee and Lender, and each ofi them, shal� be entitled to enforce payment and
<br /> perfiormance ofi any indebtedness or ob�igations secured by this Deed of Trust and to exercise al� rights and powers
<br /> under this Deed ofi Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obfigations secured by
<br /> th�s Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers contained in this D�ed of Trust, shall prejudice or in any
<br /> mann�r afifiect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter he�d by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, sha�l be entitled to enfvrce this Deed
<br /> of Trust and any other security now or hereafter held !ay Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reser�ed to Trustee or
<br /> Lend�r, is intended to be excf�usi�e of any other remedy in this Deed of Trust or by law pro�ided or permitted, but
<br /> each shall be cumu�ati�e and shalf be in addition to every other remedy gi�en in this Deed ofi Trust or now or
<br /> hereafiter existing at�aw or in equity or by statute. E�ery power or remedy gi�en by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which e�ther ofi them may be otherwise entitfed, may be exercised,
<br /> concurrently or independent�y, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue incons�stent remedies. Noth�ng in this Deed of Trust sha�l be construed as
<br /> prohibiting Lender from seeking a de�iciency judgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shaf� not exclude pursuit of any other remedy, and an el�ction to
<br /> make expenditures or to take action to perform an ob�igation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform, shall not affect Lend�r's right to declare a defau�t and exercise its remedies.
<br /> Reques#fvr Nvtice. Trustor, on behal�of Trustor and Lender, hereby requests that a copy of any Notice o�Defau�t
<br /> and a copy of any Notice of Safe under this Deed of Trust be mailed to them at the addresses set forth in the first
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