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2� 1 ��593�
<br /> aEEa oF T�usT
<br /> t�o�ltinued} Page fi
<br /> RIGHTS AND REN'IEDfES �N DEFAULT. l�an Event o�Defauit occurs under this Deed of Trust, at any t�me thereafter,
<br /> Trustee or Lend�r may exerc�se any one or m�re of the�o��owing rights and remed�es:
<br /> Acce[erativn Upon Defau�t; Additional Remedies. !f any E�ent o'�Defau[�accurs as per the terms of the Credi�
<br /> Agreement secured hereby, Lender may deciare a11 Indebtedness secured by this Deed of Trust to be due and
<br /> payabfe and the same shall �hereup�n become due and payable withaut any presentment, demand, p�o�est ar
<br /> na��ce of any kind. Thereafter, Lender may:
<br /> �a) Ei�her �n person ar by agent, wi#h or withau'� bringing any action or proceed�ng, ar by a receiver
<br /> appotnted by a court and without regard ta the adequacy❑f its securi�y, enter upan and take pflssession
<br /> of the P�roperty, o�any part#hereof, in its own name ar in �he name of Trustee, and do any acts which it
<br /> deems necessary or desirabl�to preserve�he value, marketability or ren�abi[ity❑��he Property, ar part of
<br /> the Proper�y or interes�in �he Proper�y; increase the incom�from the Property ��protec��he security of
<br /> the Property; and, with or without taking possessian Qf the Property, sue for or ❑#herwise ca[lect th�
<br /> rents, issues and profits of the Prape�ty, inc[uding �hose pas� due and unpaid, and apply the same, less
<br /> casts and expenses o�operation and co�lectEon attorneys'fees,to any�ndebt�dness se�ured by th�s Deed
<br /> ��Trust, all in such order as L�nder may det�rmine. Th� entering upon and �aking possession of the
<br /> Prope�y, the colfectian of such rents, issues and profits, and the applicatian thereof shall nat cure or
<br /> wai�e any�efault or notice of default under�his Deed of Trust or in�ralidate any act�one in response�o
<br /> such default or pursuant to su�h notice of de�ault; and, notwi�hstanding the continuance in possession of
<br /> the Properky o�r the collec�ion, re�e�p� and appfica�ion of rents, issues or profits, Trustee or Lender shal[
<br /> be entit(ed to exercise ev�ry right pra�ided �or in the �red�t Agreement or the Related Dacum�nts ar by
<br /> law upon the flccurrence❑f any event o�default, inc[uding the right to exercise�he p�wer of sale;
<br /> �b} �ammence an act�an to�oreclose this ❑eed of T�ust as a mortgage, appoint a rece�ver or speci�ically
<br /> enforce any�f the co�enants hereo�; and
<br /> �c} ❑eli�er to Trustee a written declaration fl�default and demand for sale and a w�itten notice❑f de�au[t
<br /> and efection to cause Trus�or's interest in the Property to be sold,which no��ce Trustee shall cause to be
<br /> du[y filed�or record in the appropriate offices of the County in which the Praperty is lo�ated; and
<br /> �d} With respec�#o all or any part of�he Personal Property, Lender sha[1 have alf the rights and remedies
<br /> of a secured par�y under�he Nebraska Lln�form Commercial�ode.
<br /> Foreclosure hy Power of Sa�e. 1f Lender e�ec�s ta foreclose by exerc�se of the Pawer o�Sale her�in cantained,
<br /> Lender shall natify Trustee and shall deposi�with Trust�e this Deed of Trust and the C�edi� Agr�ement and
<br /> such receip�s and e�iden�e of expenditures made and secured by this Deed of Trust as Trustee may requ�re.
<br /> �a} Upon rece�p�o��uch no�ice�ram Lender, Trustee shall cause�a be r�corded, published and defi�ered
<br /> to Trustor such N��ice �f Default and Noti�e of Sa1e as then required by 1aw and by this Deed of Trust.
<br /> Trustee shall, without demand on Trus�ar, a�ter such time as may �hen be required by !aw and after
<br /> r�cordation of such Notice af De'�ault and after Not��e of Sale having been given as required by law, sell
<br /> the Prtiperty a� the time and pla�e nf sale fixed by i� in such Nati�e of Sale, either as a wha�e, or in
<br /> separate lots or parcefs or items as Trustee shall deem expedien�, and in su�h arder as it may determine,
<br /> a� puh{ic auc�ian to the highest bidder far cash in law�ul mon�y of the United S�ates payable a��he time
<br /> af sale. Trustee sha�l deliver�o such purchaser or pu��hasers thereof i�s gaod and suf�ici�nt deed or
<br /> deeds con�eyxng �he property so sold, but wifihout any cavenant or warranty, express or implied. The
<br /> recitals in such deed of any ma�ters or facts sha�l be conc�usive proof af the truthfufness thereaf. Any
<br /> person, including without limitation Trustor,Trustee, or Lender, may purchase at such sale.
<br /> �b} As may be pe�mitted by [aw, after deducting al� costs, fees and expenses of Trustee and of this
<br /> Trust, including costs of evid�n�e of t�t�e in conne�tion with sale,Trustee shall app�y the proceeds of sa9e
<br /> to paymen� of �i} all sums expended under the �erms of�his Deed of Trust or under�h� terms of the
<br /> Credi�Agreem�nt not then repaid, in�fuding but not �im�ted to accrued interest and late charges, ��i} all
<br /> other sums then secured hereby, and �iii) the rema�nder, i#any, �� the person or p�rsons legally entitfed
<br /> �hereto.
<br /> (c} Trus��e may in the m�nner pro�ided by law postpone sale of all or any por�ion of the Property.
<br /> Remedies Not Exclusivs, Trustee and Lender, and each ❑f them, shall he entitled to en�o�ce payment and
<br /> per�ormance of any�ndebtedness�r obl�gations secured by this Deed of Trust and ta exercise al1 rights and pQwers
<br /> unde� this Deed of Trust, under the �redi� Agreement, under any ❑f the ReIated Documents, ar under any other
<br /> agreemen# or any �aws now or her�after in �orce; notwithstanding, some or all af such indebtedn�ss and
<br /> obli�atians secured by th is Deed o�T�ust may now or hereaft�r be otherwise secured, whether by mor�gage, deed
<br /> of�rus�, p[edge, lien, assignment�r�then�vise. Ne�ther the acceptance of�his �eed of Trus� nor ifs enfa�cemen�,
<br /> whether by cour� acfiion �r pursuant to the power of sale or other powers contained in this Deed of Trust, sha�l
<br /> prejudice or in any manner affect Trustee's or Lender's right�o realiz� upon or enfarce any other security now❑r
<br /> herea�ter held by Truste� ❑r Lender, if being agreed that Trus�ee and Lender, and each❑f them, sha[1 be entitled to
<br /> enforce this Deed o�Trust and any other s�cu�i�y now ❑r herea�#er h�ld hy Lender❑r Trustee in such order and
<br /> mann�r as they or either o� �hem may in their absolu�e discretion determine. No remedy c�nferred upon or
<br /> reserved �o Trustee ar Lender, is intended fa be exclusive of any o�her remedy in this Deed of Trust or by [aw
<br /> provided ar perm�tted, bu� each shall be cumula�ive and shall be in addition to eWery other remedy given in this
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