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2� 1 ��5774 �EEv �F T�uST Loan No: 'I�'1�379�9 {Contirlued� Pag� 7 appointed hy a caur�t and wi�hout regard to fihe adequacy of its secu�-ity, enter upan and take passession ❑f the Prop�rty, or any part therev�, �n its awn name ar in�he name ❑f Trustee, and da any acts whi�h it deems necessary vr desirabie to preser�e the Ualue, markefiabili�y vr rentabi[ity of the Property, ❑r part❑� the Property or interest in the Prvperty; increase the incame from the Property or pro�ect the securi�ty af the Property; and� with or without taking possession of the Prvperty, sue far or otherwise collec� the rents, �ssues and pra�its of the Praperty, including thase past due and unpaid, and appiy �he same, [ess �osts and expenses of❑peration and collection at�orneys' fees,tv any indebtedness secured by this Deed af Trust. all in such order as Lender may det�rmine. The entering upon and #aking possession vf the Prope�ty, the cv!lection of such rents, issues and profits, and the app[ication thereof shal! nvt cure ❑r wa��e any default ❑r no�ice of de�auit under this De�d of Trust or in�a[ida�e any act done in response to such defau[t or pursuant to such nvt�ce v#default; and, nvtwiths�anding the continuance in possession v� the Property or �he co[[ecfiian, receipt and app[Eca�ion ❑f rents, issues ❑r prvfits, Trustee or Lender sha11 be entitled tv exercise every rEght provided for �n ths Nate ❑r the Related Da�uments vr by law upvn the ac�urrence af any event of defaul�, inc�uding the righ�to sxercEse fihe power❑#sa[e; {b} Commen�e an a�tivn to�a�eclose this Deed ❑fi Trust as a mor�gage, appoint a r�cei�er or specifiicaf�y enfvr�e any of the cfl�enants hereof; and (c} Deiiver tv Trustee a written decfara�ion vf defau[t and demand for sale and a written notice❑f default and ele�tivn tv cause Trustor's interest in the Property to h� so1d, which notice Trustee shal[ cause t� be duly filed�vr recvrd in the apprvpriate offices of the ��unty En which the Prvperty is lacafied; and {dy VIlith respect ta a�i or any part of the Persana� Prope�ty, Lender shal! hav� all the rights and remedies af a se�ured party under the Nebraska Uniform Comme�-c�al Code. Fors�iosure hy Pvwer vf 5ale. lf Lender ele�ts ta farecfose by exercise af�he Power o�F 5aie herein cvntained, Lender shall notify Trustee and shali depasit with Trustee �his Deed vf Trust and the Note and su�h receipts and e�idence o�expenditures made and secured by this Deed❑f Trust as Trustee may require. ta} Upon rec�ipt of such natice trom Lender, Trustee shall cause ta �e recarded, published and deli�ered tv Trustor such Notice of D��ault and Notice a# Sale as then requi�ed by �aw and by this Deed of Trust. Trustee shaf�, withaut demand on Trustor� after such time as may then be required by law and af#er recvrdation ❑f such Notice of Default and afte� Notice ❑f 5ale ha�ing been gi�en as required by law, sei! the Property at the tim� and p�ace o� saEe fixed by it in such Not�ce of Safe, either as a whole, vr in separate lats or par�els or �tems as Trustee shall d�em exp�dient, and En such❑rder as it may de�erm�ne, at public auction to the highest bidder far cash in fawful money vf the United States payable at the �ime o� sale. Trustee shaf! deliver to such purchaser �r purchasers thereof its goad and sufficient deed or deeds conveying the property sa sold, but without any cv�snant vr v►rarranfy, express or imp�ied. The recitals in such deed o� any matters or fac#s sha[I be conclusi�e proof ❑f the tru�htulness thereof. Any person, En��uding withvut limitation Trustor,Trustee. or Lenderf may purGhase at such sale. �b� As may be permitted by iaw, after deducfiing aI� C05�5r fees and expenses of Trustse and ofi this Trust, inc�uding cvsts o�e�idence ❑�titfe in cann��tion with sale,Trustee sha[� apply the p�oceeds of sale ta payment of ti} a[�sums expended under the terms of this Deed of Trust or under the terms of the Note no� then repaid, including but nflt limi#ed ta accrued interest and late �harges, �ii} all ❑�her sums then secured hereby, and {iiiy the remainder, if any,to the pe�san or persvns fega�ly entitfed�hereto. �c� Trustee may in the manner pro��ded by Iaw pvstpone sa[e ❑f a[E or any pvrtion of the Property. Remedies Not Exc�usive. Trustee and Lende�, and each of them. shall be entitfed �o en#orce payment and perfarmance flf any indebtedness or�bf igations secured by�his Deed of Trus�and�o exercise a�l rights and pawe�s under �his aeed v�Trust, under the Nv�e, under any o#the Re�a�ed Dacuments, or under any ❑ther agreement or any �aws now ❑r he�-eafter in fvrce; notwi�hstanding, some ar aEE of such indebtedness and vbligations secured by this Deed o�Trust may nov+r vr hereafter be otherwise secured, whether by mvrtgager deed vf trust. p�edge. lien� assignment or otherwise. Neither �he acceptance of �his ❑eed ot Trust nor its �nfarcemen�. whe�her by court action ❑r pursuant�o �he power ❑f sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trust�e's ar Lender's right to realize upon vr enforce any ❑�he�- securi�y now �r hereafter he�d by Trustee or Lender� �t being agreed tha�Trusxee an� Lenderf and each❑f them, shal� be entitled ta enfiorce th�s Deed af Trust and any ather securifiy nvw vr hereafter he[d by Lender vr Trus�ee in such order and manner as they or eEther vf them may in the�r absolute discretion determine. No remedy cvn#erred upon or reser�ed fi� Trustee or Lender, is intended to be exclusi�e o# any other remedy in this Deed ❑f Trus� vr �y !aw prv��ded or permitted, but each sha[� be cumu[a�i�e and shall be in addition to e�ery other remedy gi��n in �hf5 Deed ❑f Trust or naw vr hereafter existing at law or�n equi�y o�-by statute. E�ery pov►rer or remedy gi�en by the Note❑r any o�the Re[ated Documents to Trustee �r Lender or to which either o� them may be a�herwise entitled, may be exercised, concurrenfily or independent[y, tr�m time to time and as ❑�ften as may be deemed expedEen� by Trustee ❑r Lende�-, and either af them may pursue inconsistent remedies. Nvthing in this Deed ot Trust shafl be canstrued as prohibiting Lender from seeking a deficiency judgment against the Trustor tv the extent such ac�ion is p�rmi�ted by �aw. Election by Lender t� pursue any remedy shalf not excfude pursuit of any a�her remedy, and an election to make expenditures or tv take act�on t❑ per�arm an obiigation ❑�Trustar und�r this Deed vf Trust. after Trustvr's �Failure tv perfvrm, shall not af#ec#Lender`s right tv de�iare a defau�t and exerc�se i�s remedies.