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2� 1 ��5487
<br /> DEE❑ �F TRUST
<br /> ���nti n ued} Page ?'
<br /> kind. Thereafter, Lender may;
<br /> �a} Either in person or by agent, with or wi�haut bringing any ac��on or proceeding, or by a receiver
<br /> appainted by a court and wi�hout regard �❑the adequacy of its securi�y, enter upon and take possession
<br /> af the Praperty, or any par�thereof, in its awn name or in the name of Trustee, and do any ac�s which i�
<br /> deems necessary❑r desirable to preser�e the value, marketability or rentab�li�y of the Property, or part af
<br /> �he Property or interest in the Proper�y; increase the income fram the Proper�y o�- pro�ect the securi�y vf
<br /> ths Property; and, with or without taking possess[an of the Property, sue far or otherwise �ollect the
<br /> rents, �ssues and profits of the Prope�ty, including �hvse past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and col�ec�Eon at�orneys`f�es, to any indebtedness secured by�his Deed
<br /> of Trust, all in such order as Lender may de�ermine. The en�ering upon and taking possession of the
<br /> Proper#y, the collection of su�h rents, issues and profits, and the applica#inn thereo� shall noir �ure or
<br /> waive any defaul�or notice o�default under th�s Deed of Trus�or invalidate any act dane in response �o
<br /> such default or pursuan�to such notice of default; and, natwithstanding the continuance in possession of
<br /> the Pr�perty ❑r the col(ectian, rece�pt and appfication o� ren#s, issues or profits, Trustee or Lender shafl
<br /> be en#itfed t❑ exercise e�ery righ� provided for in the Note or the Related Documents or by law upon the
<br /> occurrence af any e�ent❑f defauit, inc�uding�he�-ight to exercise the power of sale;
<br /> �b} Commence an a�tion �o foreclose this Deed o�Trus#as a mortgage, appoint a recei�er or specifically
<br /> enforce any of the co�enants hereof; and
<br /> ��� Deliver to Trustee a writ�en declaration o�defaul�and demand �or sale and a written notice of default
<br /> and election ta cause Trusto�-'s interest in the Proper�y to be sold,which not�ce Trus�ee sha�l cause to be
<br /> dufy f�fed far record in�he appropria�e offices of the County in which the Property is located; and
<br /> 4d} With respec#to all ❑r any par�flf the Persona{ Proper�y, Lender shall have all the righ�s and remedies
<br /> of a secured party under the Nebraska Uniform Commercia� C�de.
<br /> Foreclosure t�y Pawer�f 5ale. If Lender elects ta foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall no�ify Trus�ee and sha11 deposi�wifh Trus�ee �his Deed of Trust and th� Note and such receipts
<br /> and e�idence af expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> �a} Upon receipt of such no�ice from Lender, Trustee sha[I cause to be re�orded, published and deli�ered
<br /> fo Trustor su�h No�ice af Default and No�ice of 5a[e as then required by law and by this Deed of Trust.
<br /> Trustee sha�l, withou� demand on Trus�or, after such time as may then be required by law and after
<br /> recordation of such N��ice of Default and after No�ice of Sale ha�in� heen given as required by law, sell
<br /> the Proper�y at the time and place of sale fix�d by it in such No�ice of Sale, either as a whole, �r in
<br /> separate lots or par�els or items as Trustee shal� deem expedient, and �n such❑�-der as it may de�ermine,
<br /> at public auction �o the highest bidder for cash in lawful money of the United 5tates payab�e a�the tirne
<br /> of sale. Trustee sha�l del��er to su�h purchaser ❑r purchasers thereof its goad and sufficient deed ❑�
<br /> deeds canveying the property sa so�d, but wi�hout any co�enant or warranty, express or imp�ied. The
<br /> r�cita�s in such deed of any matters or facts shall be conc(usi�e praof af the �ruthfulness thereof. Any
<br /> person, including wifhout�imitation Trusto�-, Trustee, or Lender, may purchase a�such sale.
<br /> �b} As may be permit�ed by law, after deducting all costs, fees and expenses of Trustee and �f this
<br /> Trust, inc�uding costs of e�idence of titl�in connec#�on wi�h sale, Trus�ee shall apply the proceeds af sale
<br /> to paymen#o� �i}a[I sums expended under the t�rms af this Deed af T�-us�❑r under the�erms of�he No�e
<br /> not then repaid, including but not limi�ed to accrued in�erest and �a�e charges, �ii} all other sums fhen
<br /> secured hereby, and �iii}the remainder, i�any, �o the person or persons legally�ntitled thereto.
<br /> ��} Trustee may in the manner pra�ided by law pos�pone sa[e of a(I �r any portion of the Proper�y.
<br /> Remed�es Not Exclusive. Trustee and Lender, and each af them, shafl be en�itled �o enfarce payment and
<br /> performance of any indebtedness or obligat�ons secured by this Deed❑f Trust and to exercise a(1 righ#s and powers
<br /> under this Deed of Trust, under the Nate, under any of�he Re[a�ed Documents, or under any a#her agreem�nt vr
<br /> any laws now ar hereaf�er in force; na�withstanding, some or all of such indeb�edness and obligations secured by
<br /> �his �e�d of Trust may now or he�-eafter he otherwise secured, whe�her by mortgage, deed of trus�, pledge, iien,
<br /> assignment or atherwise, Neither the acceptance o� this Deed af Trus� nor i�s enfar�ement, wh�ther by cour�
<br /> action ar pursuant to �he powe�-of sale or o�her powe�-s contained in �his Deed of Trus�, shall prejudice ❑r in any
<br /> manner affec� Truste�'s or Lender's r�gh� to realize upon or enforce any o�her securi�y now or hereafter held by
<br /> Trustee or Lender, if being agreed that Trustee and Lender, and each of them, sha�l be enti�led �❑enforce�his Deed
<br /> a�Trust and any other securi�y now or hereafter held by Lender ❑r Trustee in such �rder and manner as they ar
<br /> ei�her of th�m may in their absolu�e discre#ion determine. Na remedy �onfer�ed upon or reserved �a Trustee or
<br /> Lender, is in�ended to be exclusive af any o#her remedy in this Qeed of Trus# or by law pra�ided or pe�rmi�ted, but .
<br /> each shali be cumulative and shal� be in additian to ��ery other remedy giWen in this Deed of T�ust or now or
<br /> hereafter existing at law�r in equity❑r by statute. Every power or remedy gi�en by th�Note or any o�the Related
<br /> Documents to Trus�ee or Lende�- ❑�r �o wh�ch either of them may be atherwise enti�led, may be exercised,
<br /> cvn�urrent�y or independently, from #ime to �ime and as often as may be deemed expedien� by Trustee ❑r Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in #his Deed of Trust shali be construed as
<br /> prohibiting Lender from seeking a de#iciency judgment agains#the Trustor to the extent such action is permitted hy
<br /> law. Election by Lender to pursue any remedy sha[1 no� exclude pursuit �f any ❑ther remedy, and an election to
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