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2� 1 ��5191
<br /> DEED �F TRUST
<br /> Laan IVa: �0'I 297$'i 5 t��rltinued� Page 7
<br /> secured hereby, Lender may declare al[ Indebtedness se�ured by this Deed of T�rust�❑ be due an�i payable and
<br /> the same shall thereupvn becvme due and payable without any presentment, d�mand, prv#est or natice of any
<br /> kind. Thereafter, Lender may:
<br /> {a} Either �n person ❑r E�y agent, with ❑r wi#haut bringing any ac�ion vr proceed'€ng, vr hy a recei�er
<br /> appointed by a caurt and withvut regard to the adequacy v�its security� en�er upon and take possessivn
<br /> of the Pr�perty, or any part�herevf, in its ov►rn name vr�n the name v#Trustee, and da any ac�s which it
<br /> deems necessary ❑r desirable�v preser�e the�afue, marketab��ity or ren#ability o�the Property, ❑r part af
<br /> the Properfiy ar int�rest in the Property; increase the incame firom the Property or proteGt the securi�y af
<br /> �he Proper�y; and, wi�h nr without taking possession of the Property, sue for ar otherwise co[iect �he
<br /> rents, issues and prvfits ❑f�he Property. including those pas� due and unpaid, and appEy the same, �ess
<br /> costs and expenses of operativn and collect�vn a�tarn�ys' #ees,t� any indebtedness secured by this Deed
<br /> af Trust, ail in such order as Lender may determine. The entering upon and taking possession o� the
<br /> Property, the collection ❑f such renfis, issues and profits, and the appl�cativn thereof shall not cure ar
<br /> waive any default or notice ot de�ault under thEs Deed ❑�Trust a�- in�alidate any ac� dane in respanse to
<br /> such detault�r pursuant to such notice of defau[t; and, nvtwithstanding the continuan�e in pvssession vf
<br /> �the Property ❑r the collectian, re�eipt and applicativn of rents� issues ar prof�ts, Trustee or Lender shall
<br /> be entitled ta exercise e�ery right pro�ided fvr in the Note ar the Re[ated Dacuments or by �aw upon the
<br /> �ccurrence af any e�ent of defauit, including the right to exercise the power of sale;
<br /> �b} Cvmmence an ac�ion t❑ forec[�se this Deed ❑f Trust as a martgage, appoint a recei�er ar specificafly
<br /> enforce any of the co�enants hereaf; and
<br /> �c} Deli�er to Trustee a written declaratian vt default and demand for sale and a writ�en na�ice of default
<br /> and election ta cause Trustor's interest in the Property t❑ be sold, which nfl�ice Trustee shall cause to be
<br /> duly fi�ed far recvrd in the apprapria�e��fices of the Caunty�n wh�ch the Property is �ocated; and
<br /> {d} 1�1lith respect tv all ❑r any par#❑�the Persgnal Proper�y� Lender shall ha�e al[the rights and remedies
<br /> o�a secured party under the Nebraska Unifarm Commercial Cvde.
<br /> Foreclosure hy Power o#Sa�e, 1t Lender�lects�o foreclase by exercise af the Power of Sale here�n contained,
<br /> Lender shal[ nati�y Trustee and shall depvsit with Trustee thss Deed of Trus� and the Note and such receipts
<br /> and eviden�e v#expenditures made and secured by this Deed vf Trust as Truste� may requEre.
<br /> �a} L]pon receipt❑�such notEce from Lender,Trustee shall cause to be recorded, puh�ished and deli��red
<br /> �o Trustor such Notice of Defaul� and Notice ❑f Sa[e as then required by law and by thEs Deed of Trust.
<br /> Trustee shall, v►rithoufi d�mand an Trustar. after such time as may then be required by [aw and after
<br /> �-ecordation af such Natice o� De�fau�t and after Nv�ice of Sa[e ha�ing been gi�en as required by lawf sell
<br /> �he P�operty afi the time and place of sale fixed by �� En such Notice afi 5ale, either as a whafe, or in
<br /> separa#e f�ts or parcels vr i�ems as Trustee sha�1 deem expedient, and in such ❑rder as it may determine,
<br /> at pub[ic auction tv the highest E�idder#vr cash in fawfuf money vf the United States payable at the time
<br /> of sa�e. Trus�ee shall d��i�er tv such pu�-chaser or purchasers �her�vf its gaod and sufficient deed or
<br /> deeds cvn�eying the property so so[d, but without any cv�enant or warranty, exp�ess or impl�ed. The
<br /> recitals in su�h deed o� any matters ❑r facts sha[I he �vncfusive praof of the truthfulness thereaf. Any
<br /> person, sncluding wi�hout limitatian Trus�or,Trustee. or Lender, may purchase afi such sale.
<br /> {b} As may be permitted by law, after deducting aIE C�5�5� fees and expenses of Trustee and ❑� this
<br /> Trust, including costs n#e�iden�e of title in connection with sale,Trus�ee shall apply the proceeds of sale
<br /> to payment❑� {i� al[sums expended under the fierms a#this Deed of Trust❑r under�he te�-ms vf the Nvte
<br /> not then repaid, including but no� limi#ed tv acc�ued inte�est and Iate charges, tii} al� ❑�her sums then
<br /> se�ured herehy, and ��ii� �he r�mainder. i�any, to the person or persons �egafly entitled thereto.
<br /> {c� Trustee may in the manner provided by law pas�pone sale o�all or any portion o�the Property.
<br /> Remedies Nvt Exc�usE�e. Trusfiee and Lender, and each of them, sha�� be �ntitled to enfarce paym�nt and
<br /> perfarmance of any indehtedness vr obligations secured by this Deed❑f Trust and to exercise all rights and pawers
<br /> under this Deed ❑f Trust� under the Note, under any ❑f the Related ❑ocumen�s� ❑r under any ather agreement ar
<br /> any �aws now ❑r hereafter in force; natwithstanding, some ❑r all ❑f such indebtedness and obi�gations secured by
<br /> th3s Deed of Trust may naw a� hereafter be atherwise secured, whether by mor#gage, deed �f trust, pledge, lien,
<br /> assignment ❑r o�herwise. Neither the acceptance of th�s Deed of Trust nor �ts enforcement, whether by cflurt
<br /> a�tian or pursuant to �he power of sa[e ar ather pawers contained in �his ❑eed vf Trust, shal[ prejudice ar in any
<br /> manner affect Trustee's or Lender's right #o realize upon or enfarce any vther security nov►r or hereafter held by
<br /> Trustee flr Lender, it being agreed�hat Trustee and Lender, and each�f them, shall be en�it[ed�o en�Force this Deed
<br /> af Trust and any other security now or hereafter held by Lentier or Trustee in such order and manner as they or
<br /> ei�her of them may in their absalute discre�ian determine. N❑ remedy conferred upon ar reser�ed fi� Trusfiee ar
<br /> Lender, is intended to be exclusi�e af any other remedy in this Deed of Trust ❑r by law pro�ided vr permitted, but
<br /> each shall be cumu�ati�e and shaEl be in addi�ion to every ofiher remedy gi�en in th�s aeed ❑t Trust or nvw or
<br /> hereafter existing at faw or in equity vr by s#atute. E�ery pvwer or rem�dy gi�en by the Note ❑r any of the Rela�ed
<br /> ❑acumen�s ta Trustee vr Lender ❑r t❑ which either ❑f them may be ❑therwis� entit[ed, may be exercised,
<br /> concurrently or independent[y, from �ime to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either af �h�m may pursue �nconsistent remedi�s. Noth�ng in �his aeed af Trus� shall be construed as
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