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2� 1 �� 1519 �3EED C]F TRUST Lvan No: 'f��940'17 �Cantinued� Page 7 ❑ccurrence ofi any even�vf default, including the right ta exercise�he power❑f sale; ��a} Commence an action t❑ fareclvse this Deed ❑f Trust as a m�rtgage, appoin�a �-eceiver vr specifically enfvrce any of the ca�enants hereof; and ��} Defi�er tv Trustee a written declaration ❑f default and demand far sale and a written no�ice ❑f defau[t and elec�ian to cause Trustor's interest in the Prvper�y t❑ be sold, which no�i�e Trustee shall cause t❑ be duly fifed for record in�he appropriate offi�es vf�he Cflunty in which the Property is lvcated; and {d� W�th respect t❑ all ❑r any part of�he Personal Property, Lender shall have a[�the righfis and remedies af a secured par�y under the Nebraska Unifvrm Cammercial Cod�. Foreclosure by Power o�Sale. If Lender ele��s t❑ foreclose by exercise af the Powe�of Sale herein cvn�aine�, Lender shall notify Trus�ee and sha�f depvsit wi�th Trustee this Deed ❑f T�ust and the Note and such �eceipts and e�idence of expenditures made and secured hy this Deed vf Trust as Trus�ee may requir�. {a} Upvn receip�of such natfce from Lender, Trus�ee shall cause ta be reGorded, pubiished and deli�ered �o Trustvr such Nvtt�e �f ❑e#ault and Notice vf 5ale as �hen required by law and by this Deed of Trust. Truste� shall, without demand an Trus�or, af�er such time as may then be required hy �aw and af�er recarda�ion �f such Natice nf Defauft and after Natice ofi 5aie ha�ing been gi�en as required �y law, sell �he Proper�y at the time and place of sale fixed by i� in such Notice ❑f 5ale, eE�ther as a whole, or tn s�parate lo�s ar parce�s or i�ems as Trus#e� shafl deem expedien�, and in such ❑rder as it may determine, at public auction t❑ the high�st hidder#or cash in lawful maney of the Llnited 5tates payable at the time ��F sa�e. Trus�ee shall deli�er to su�h pur�haser or pur�hasers �herea� its good and sufficient d�ed �r deeds �an�eying the praperty so svld, but without any co�enant or warran�y, express or impli�d. The re�itals in such deed ❑f any mafiters ❑r facts shall be canciusi�e proof af the �ruth�u�ness �hereof. Any persvn, includ�ng with�ut�imi�a�ion Trustor,Trustee, or Lender, may purchase at such sale. �b} As may �e permit�ed by law, af�er deducting all cosfis, �ees and expenses ❑� Trus�ee and ❑f this Trust, including costs ❑f e�idence ofi title in cannection with sale, Trustee shall apply the proceeds vf sale to payment❑f {iy all sums expend�d und�r the terms vf this Deed of Trust vr under the terms o�the Note not �hen repaid, including but nv� limited to accrued interest and �ate charges, �ii� all ❑th�r sums then secured hereby, and tiii� the remainder, if any, t❑the person ar persons legally enfiitled thereto. �cy Trus�ee may in fihe manner prv�ided by law postpone sale❑f a�� ❑r any portion af�he Property, • Remedies Not Exclusi�e. Trus�ee and Lender, and each af them, shall be entitled tv enfiorce paymen� and performance ofi any indebtedness ❑r❑bligat�ons se�ured by this ❑eed ❑f Trust and t❑ exercise all rEghts and powers under �his Deed of Trust, under �he Note, under any o�the Related Dacumen�s, vr under any other agreement ar any laws now or hereafter in for�e; n��withs�anding, some ❑r af� a�such indebtedness and vbligations secured by this D�ed ❑f Trus� may naw ❑r h�reafter be otherwise se�ured, whether by mortgage, deed ❑f trust, ptedge, lien, assignment or ❑therwise, Neither the a�ceptance af this Deed of Trust nvr its en�arc�ment, whether by court actian or pursuant t❑ the power ❑� sale or other paw�rs con�ained in this ❑eed of Trus�, shall prejudice vr in any manner af�ec� Trus�ee's ar Lender's right to realiz� upvn ar en�orce any other security now or hereaf��r held by Trustee or Lend�r, it being agreed�hat Trustee and Lender, and each❑f�hem, shall be entitled to enfores�his ❑eed af Trusfi and any ❑ther security now or hereafter held by Lender ❑r Trustee in such ❑rder and manner as �hey ar either of them may in their abso�ute discr�fiion determine. Na rem�dy conferred upon or reser�ed �a Trusfiee �r Lender, �s in��nded to he exclusi�e of any ❑ther remedy in fihis Deed ❑�Trust or by law pra�ided or permit�ed, but each shall be cumula��e and shall be in additi�n �a e�ery ❑ther remedy given in �his Deed ❑f Trust or nnw or hereafter existing at law or in equi�y or by stafiu�e. E�ery power❑r remedy giWen by the Note or any of the Related Do�uments to Trustee or Lender ar to which either of them may be otherwise en�i#led, may be exercised� �nncurrently ❑r independen�ly, from tim� �❑ time and as often as may be deemed expedient by Trustee ❑r Lender, and either ❑� them may pursue inconsis�ent remedies. No�hing in this ❑�ed of Trust shall he cvns�rued as prohibiting L�nder frvm seeking a deficiency judgment against fihe Trustor to�he extent such ac�ion is permitted by law. Election by Lender t❑ pursue any remedy sha�i not exclude pursui� v� any o�her remedy, and an election to make expenditures or �o �ake ac�ivn t❑ perform an obligatian o�Trustar under this ❑eed ofi Trust, after Trustvr's fia��ure�❑ pe�form, sha�! not affiect Lender's right to declare a default and exercise its �-emedies. Request�or Nati�e. Trustvr, on behalf o�Trustor and Lender, hereby requests tha�a c�py❑f any No�ice of�efault an� a copy ❑�any No�ice vf Sale under�his Deed ofi Trust be mailed ta �hem a��he addresses set farth in the �irst paragraph o�this �eed ❑f Trust. Attorneys' Fees; Expenses. ff Lende� insti�u�es any sui� or action to enforce any of the terms o� this ❑eed ❑# Trust, Lender shall be en�i�led tv reco�e�-such sum as the �vurfi may adjudge reasanabEe as attorneys` �ees at trial and upon any appeal. Vllhether vr not any cvur� activn is in�ol�ed, and fio the extent no� prahibi�ed by law, a[I reasonabl� expenses Lender incurs that in Lender's ❑pinivn are ne�essary at any time for the protection of its interes�vr�he en�orcement❑fi its rights shall became a part�t�he Indehtedness payab[e on demand and shall bear in�eres�at�he Nvte rate frvm the date a�the expend�ture until repaid. Exp�nses ca�ered by�his paragraph include, without limitativn, howe�er subject to any limifis und�r applicable law, Lender`s attarneys' fees and Lender's legal expenses, whether or nvt there is a lawsuit, including afitorneys' fees and expenses fivr bankrup�cy proc�edings �including efforts to madify�r�acate any automatic stay or injunctian}, appeals, and any anti�ipa�ed pas�-judgment coliectivn ser�iGes, the cvs� ❑f searching records, ❑btaining ti�le reparts �including foreclasure repor�s�, sur�eyors`