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2� 1 ��4451
<br /> ��E�a �F TRus�r
<br /> ��or�tinu�d} Page �
<br /> notice of any kind. Thereafter, Lender may:
<br /> �a} Either in person or by agent, with or withau� bringing any action ❑r proceeding, or by a reeeiver
<br /> appointed by a court and withQut regard to the adequacy of its security, enter upon and�ake passession
<br /> of th� Property, or any pa�t thereo�, in its own name or in �h� name of Trustee, and d❑any acts which it
<br /> deems ne�essary or desirable to preserve the�ralue, marketabifity o�rentability of th� Property, or park o�
<br /> the Property or inter�s�in �he Proper�y; increase the income from �he Prope�y or protect fhe security of
<br /> �he Praperty; and, with or without taking possession of �he Properky, sue for a� otherwise collect �he
<br /> rents, issues and profits of the Property, including thase pas� due and unpa�d, and app�y the same, less
<br /> costs and expenses of apera�ion and coflection attorneys'fees, �o any indebtedness secured by this Deed
<br /> af Trust, a�l in such order as Lender may determine. The en�ering upon and �aking possess�on of the
<br /> Properky, the colleGtion o�such rents, issues and profits, and �he appf�ca�ian thereof shaff no� cure or
<br /> waiv� any defauft �r no��ce �f defauf�under�his ❑eed of Trust❑�-invalidate any act done in response to
<br /> such defaul�❑r pursuant�o such not�ce of defaul#; and, notwithstand�ng the con#inuance in possession af
<br /> the P�operty or the c�lfectian, receip� and app�icatian of rents, issues or pro��ts, Trus�ee or Lender shalf
<br /> be entit�ed to exe�c�se every right provided far in the �red�t Agreement flr the Related Documen�s or by
<br /> iaw upon the occurrence of any event of defaul�, includ�ng the r�ght to exer�ise the power of sale;
<br /> �b} Cvmmence an action ta fareclose this Deed of Trust as a ma�gage, appoint a recei��r or spe�ifica�ly
<br /> enfarce any of fhe covenants hereof; and
<br /> �c} Deliver ta Trustee a wri��en de�lara�ian of default and demand for sale and a written no�i�e of default
<br /> and ele�#ion ta cause Trustor's interest in the Property to he sald,which noti�e Trustee shafl cause to be
<br /> duly fi�ed for record in�he appropriate affices of the Coun�y in wh�ch�he Prope�ty is Iocated; and
<br /> {d} W�th respect�o all ❑�any pa�t�f the Personal Proper�y, Lender sha�f have afl the �ights and remed�es
<br /> o�a se�ured party under the Nebraska Unifo�m Commercia�Cvde.
<br /> Fore�losure 1ay Power o�Sale. lf Lender efects to forecfase by exer�ise of the Pow�r o�Sa1�herein�ontained,
<br /> Lender shall no�i�y Trustee and shaf� deposit wifh Trus#�e �his De�d o�Trust and the Cred�t Agreement and
<br /> such receipts and evidence af expendi�u�es made and secured by this Deed of Trust as Truste�may require.
<br /> ��} l�l�on receip�of such notice from Lender, Trustee shall �ause�o be recorded, published and delivered
<br /> �o Trustor su�h Noti�e o�Default and No�ice of Safe as�hen required by !aw and by this Deed of Trust.
<br /> Trustee sha�l, without d�mand an Trustar, aft�r such time as may then be required by law and after
<br /> recardation of such Notice of Defauft and after Notice of Sale havin� been g�ven as required by faw, sell
<br /> the Prope�ty at the time and pfa�e of sale �ixed by it in such Notice of Sa�e, either as a whole, or in
<br /> sepa�a�e �o�s or p�r�els o�items as Trustee shall deem expedient, and in such o�der as it may de�ermine,
<br /> at public auct�an to the highest bidder fo�cash in lawfuf maney of the Un�ted S�at�s payable at the time
<br /> of sale. Trustee shall delive� to such purchaser or purchasers ther�of its good and suf�ic�en� deed or
<br /> de�ds conveying the praperty so sold, bu�with�u� any covenan� or warranty, express or implied. The
<br /> recitals in such deed o�any ma�ters or fac�s shall �e conclusive proof of the truthfu�ness �hereof. Any
<br /> person, inc�ud�ng withou�iimitation Trustor,Trus�ee, nr Lender, may purchase at such sale.
<br /> �h} As may �e perm�tted by law, after deduc�ing a!I costs, fees and expenses �f Trustee and of�h�s
<br /> Trust, including costs of��Edence of ti�fe in �annection with sale,Trustee shal�apply�he proceeds of sale
<br /> to payment o� �i} a11 sums expended und�r the terms �f this Deed of Trust or und�r the terms af the
<br /> Credit Agreemen� no#then repaid, incfudin� but not �imi�ed to accrued in�er�st and late �harges, �ii} a�l
<br /> o�her sums then secured hereby, and (iii} the remainder, ifi any, to the persan or persans Fegal�y en�i��ed
<br /> thereto.
<br /> (c} Truste� may in the manne�pro�ided by law pastpone sa�e o�all or any�partian of the Pro�erty.
<br /> Remed�es Nv� Exclusi�e. Trus#ee and Lender, and ea�h of them, shall he entit[ed �a enfarce payment and
<br /> per�ormance❑f any indebtedness or obligatians secured by th�s Deed of Tru�t and ta exercise a!� rights and powers
<br /> under�his D�ed c�f Trus�, under the Credi� Agreemen�, und�r any ❑f�he Refated ❑ocuments, or und�r any other
<br /> agreement ar any laws navu or hereafter in for�e; natwithstanding, som� or a!� af su�h indebtedness and
<br /> obligations secured by this D�ed o�Trus�may now ar her�after be atherw�se secured, whether by mortgage, deed
<br /> af trust, pfedge, �ien, assignment or otherwise. Ne�ther the acceptance o��his Deed of Trust nar its enf�rcemen�,
<br /> whether by �ou�t action ar pursuant ta #he pow�r o�sal� or o�her powers contained in this Deed of Trust, shal[
<br /> prejudice or in any manner affe�t Trus�ee`s or Lender's r�gh�to realize upon or enforce any other security now or
<br /> h�reafter held by Trustee ar Lender, it being a�re�d that Trus�ee and Lender, and ea�h of them, shall be en�itled to
<br />. enforce this Deed of Trust and any other securi�y now or hereafter held by Lender or Trustee in such order and
<br /> manner as they or either of �hem may in their absalu�e discre�ian determine. No remedy canferred upon or
<br /> reserved �o Trustee �r Lender, is intended to be �xcfusi�e ��any ❑ther remedy in #his D�ed a�Trust or by law
<br /> provided or permitted, but each shall be cumulative and sha�! be in addition �o e�ery other remedy given in thi�
<br /> Deed of Trust or naw or he�-eafter existing at law or in equi�y ar by sta#ute. Evety power ar remedy gi�en by�he
<br /> Credit Agreemen� ar any o� �he Re�ated Dacuments to Trus�ee or Lend�r or �o which e�ther v� �hem may be
<br /> other�wise en��t�ed, may be exer�cised, concurrently ar independently, f�om time to �ime and as often as may be
<br /> deemed expedient by Trustee or Lender, and ei�her o�them may pursue �nconsis�ent �emedies. Noth�ng in this
<br /> Deed of T�ust shall be construed as proh�biting Lender f�om seeking a deficiency judgment agains� the Trus�ar t❑
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