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2� 1 ��4199
<br /> �3EED �F TRU�T
<br /> L�an No: 1�'I�9�4�8 �Continued� Page �
<br /> Ac�elerativn Upon ❑efault;Additianal Remedies, I� any E�en� af Default occurs as per the terms af�he Nn�e
<br /> secured h�reby, Lender may declare all lndeb�edn�ss secured by this Deed af Trus�t ta b�due and payable and
<br /> the same shall�hereupon become due and payable withou�t any presentm�nt, d�mand, protest or nvtice a�any
<br /> kind. Therea�t�r, Lender may:
<br /> �a� Either in pers�n or E�y agen�, with ar without bringing any actian or proceeding, ar by a rec�iW�r
<br /> appainted by a court and wi�hout regard �v �the ade�uacy af its security, en�ker upan and fa1�e poss�ssion
<br /> of the Proper�y, vr any par�thereof, in its own name ar in the nam� �fi Trus�ee, and d� any a�ts which it
<br /> d�ems necessary�r desirabEe to preserv�the vaiue, marketability❑r rentabElity of the Property, ar par�of
<br /> the Property or in�erest in the Property; increase �khe income fram the Pr�perty or pratect the se�urity of
<br /> the Prvper�ty; and. with ar without talcing possession of �he Proper�y, su� f�r ar atherr►vise collect the
<br /> r�nts, issues and profits of the Prop�rty, including those past due and unpaid, and apply the same, less
<br /> costs and exp�nses of opsrat�on and co�lection attorneys' fees, to any indeb�edness secured by this Deed
<br /> ot Trust, al! in such vrder as Lender may determine. The entering upon and taking passession of the
<br /> Praperty, �he callecti�n of such rents, issues and profi�s, and the applEcatian thereof shall not �ure vr
<br /> waive any default or notice o� default und�r this ❑eed of Trust or in�alida�e any act done in respanse ta
<br /> such de�ault or pursuanfi f❑ such notice a�d�fault; and, notwithstanding the �ontinuance in pvssessi�n af
<br /> the Property or fhe collection, receipt and applicatiQn ❑f rents, issues or protits, Trustee or Lender shafl
<br /> be enti�led to exercise e�ery right pr��ided fvr �n the IVvte or the R�lated Documents or by law upon th�
<br /> occurrenc�af any e�ent of default, including the r�ght to exercise th� power of sale;
<br /> {bf �omm�nce an acfii�n to �Forecl�se this Deed o�Trust as a mortgage, appaint a receiver ar spe�ificalEy
<br /> enforce any vf the cv�enants her�o�; and
<br /> �cy Deli�er to Trustee a written declaration of defiault and demand t�r sale and a written natice af default
<br /> and��ection�o �ause Trustar's interest in the Prop�rty to be sold, which notice Trust�e sha11 cause tfl b�
<br /> duly filed for record in the appropriate offices of the County in which the Prap�rty is IQcated; and
<br /> �d} VII[th resp�ct to a[1 or any part of the Personal Pr�perty, Lender shafl ha�e all the rights and remedies
<br /> af a secured party und�r the Nebraska Unifo�m Cvmm�r�ial Code.
<br /> Fore�losure by Pvwer o�f Sale. I�Lender elects to far��lase by exercise ���he Power of Saie herein contained,
<br /> L�nder shall notify Trustee and shall deposit with Trust�e this aeed vf Trus� and �he Nofie and such receipts
<br /> and evidence of expenditures made and se�ured by this D��d of Trust as Trustee may requir�.
<br /> �a} �pon receipf ofi such notice from Len�er� Trust�e shall cause to be re�orded, pubiished and deli�ered
<br /> to Trustar such No�i�e �f De�au�t and Natice of Sale as then required by law and by this Deed vf Trust.
<br /> Trustee shall, v►rithou� demand on Trustor, after such time as may then b� required by 1aw and a�ter
<br /> recardati�n o#such iVotice of a��ault and aft�r N�tice nf 5ale ha��ng b�en given as required hy law, s�ll
<br /> the Proper�y a� the time and p[ace o�F sa�e fixed by i� in such Notic� vf 5ale, eEther as a whole, or in
<br /> sepa�ate fats or parc�ls or items as Trustee shall deem expedient, and in such order as it may determin�,
<br /> afi pubfic aucti�n to the highest �idder fior cash in lawfuf money of the United 5tates payable at the�ime
<br /> of sale. Trustee shalf deli�er t� such pur�haser or purchas�rs th�reo� ifis gaod and suffi�ient deed or
<br /> deeds conveying the proper�y so s�ld, �ut vvithou� any �oWenant or warranty. express �r implied. The
<br /> rec�tals fn such deed of any matters �r fac�s shall be conclusive pro�f of the truthfulness thereof. Any
<br /> pers�n, including without limitation Trustvr,Trustee, ar Lender, may purchase at such sale.
<br /> �b� As may be permitted by law, af�er deducting all casts, f�es and expenses of Trust�e and of this
<br /> Trust, inc[uding costs ofi e�idence of tit�e in connectivn with sale, Trustee shalE apply the prviceeds of sale
<br /> to payment of {iy all sums expend�d under the terms of this Deed�f Trus�or under the terms❑f the Note
<br /> not �hen repaid, including �ut n�t limit�d to accrued interesfi and lat� �harges, �ii} a�l other sums then
<br /> s�cured her�by, and {iii� the remainder, if any, to�he persan ar persvns legally entitled thereto.
<br /> �c� Trus�ee may in the mann�r pravided by law pvs�pone sale of all or any portion❑f the Praperty.
<br /> Remed�es Nat Exc{usive. Trustee and Lender, and each of them� shall be ent�tl�d tv enforce payment and
<br /> performance of any indebt�dness or obliga�ians secur�d by this D��d of Trust and t��xercise al� rights and powers
<br /> under this a�ed af Trus�, under the Note, under any �f �he Related aocumen�ts, or under any a�her agreemen� or
<br /> any laws no�v or hereafter in for�e; n�twithstanding, som� or a�l of such indebtedness and �bligations secur�d by
<br /> �his Deed ❑f Trust may nvw ar hereaf�er �e otherwise secured, whether by mor�ga�e, deed �f trust, pledge, lien,
<br /> assignment �r �therrrvise, Nei�ther the acceptance of this Deed of Trust nar its enforcement, whether by �ou�t
<br /> action vr pursuant to the power of sale �r other powers �vntained in this Deed �f Trust, shail prejudi�e or in any
<br /> manner a�fi�ct Trus�ee's or Lender's right tv reaiize upon or enfvrce any o�h�r securtty now vr hereafter held by
<br /> Trustee or Lende�, it being agr���that Trust��and Lender� and each af�hem,shall be entitled to enforce this❑eed
<br /> o�f Trust and any oth�r securi�y now or hereafter held by L�nder �r Truste� in such arder and manner as �h�y ar
<br /> either v� �hem may in �heir a�solute discretian determine. No remedy con�Ferrsd upon or reser�ed �o Trustee or
<br /> Lender, is intended to be exc�usive of any other remedy in this De�d of Trust�r by law provided or permiffed, but
<br /> eaGh sha[I be cumulative and shall be in addition �v e�ery other remedy gi��n in this D��d of Trust or naw �r
<br /> hereafter exis�ing at faw or in equi�y ar by statu�e. Every p�wer�r remedy gi�en by the Nat�o�any of the Re�at�d
<br /> Documents t❑ Trustee ar Lender or to which either o� them may be otherwise entitled, may be exer��sed,
<br /> con�urrently�r independen�ly, from time �o tirne and as oft�n as may be deemed expedient by Trust�e or L�nder,
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