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2� 1 ����57
<br /> DEE�3 �F TRUST
<br /> ��ontinued} Pag� �
<br /> permissian,forec�osure by the halder of anather�ien, or the use of funds or the dwefling far prohibited purpases.
<br /> R�GHTS AND REMEDIES �N DEFAULT. 1'�an Event❑�Default occurs under�his Deed o�Trus�, at any�ime thereafter,
<br /> Trustee or Lender may exercise any vne ar more o�th�following righ#s and remedies:
<br /> Ac�ele�a�ian Upon Defau[t; Additi�nal Remedies. �lf any E�ent of❑e�ault occurs as pe�the terms ofi the Credit
<br /> Agreemen�secured here�y, Lender may declare all lnd�btedness secured by thEs De�d of Trust ta be due and
<br /> payable and the same shall thereupon become due and payahie without any presentment, demand, pro#es�ar
<br /> notice of any kind, Thereaf�er, Lender may:
<br /> �a} Either in person ar �y agent, with or withou� bringing any action ar pr�ceeding, ar by a rece��er
<br /> appointed by a caurt and wi�h�ut regard to the adequacy of its securi�y, en�er upon and�ake possess�an .
<br /> o�#he Property, or any par��hereof, in its own name ar in the name af Trustee, and da any acts whlch i�
<br /> deems n�cessary or des�ra�le ta prese�ve�he�a[ue, marketabil�ty�r rentabi[ity af�he Pr�perty, or par�of
<br /> the P�operty or interes�in the Property; increase the income from the Property or protect the security af
<br /> the Property; and, with �r wi�hout taking pass�ssifln of the Pr�perty, sue for or �therwise c��lect the
<br /> ren#s, issues and pro�its Q'�the Property, �ncluding thQse past due and unpaid, and appiy�he same, �ess
<br /> cos�s and expenses of operatian and callectian at�orneys'fees,�o any indebtedness secured by this Deed
<br /> af Trust, a�� in such order as Lender may determine. The entering upan and takin� possessian of the
<br /> Prvperty, �he collectian a� such rents, i5SU�5 and profi�s, and the application the�eof sha[[ no� cure ar
<br /> wai�e any default ar n�tice of default under this Deed of T�us�❑r inWa�idate any act done in response�o
<br /> such defau�t❑r pursuan�to such no�ice of defauft; and, no�nriths�anding the continuance in possession❑f
<br /> the Proper�y or the ca[lectian, re�e�pt and application of ren�s, issues or pro�its, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Ag�eement or the Related Documents or by
<br /> law upon the occurrence of any eWent of de�a�u[t, inc�uding the righ�to exercise the power of sale;
<br /> �b} C�mmence an ac�ion ��fareclose this Deed of Trust as a mortgage, appo�nt a receiver or speci�ically
<br /> enfarce any of�he covenants hereo�; and
<br /> �c) Deliver to Trustee a writfen declaration of default and demand for saie and a written noti��o�default
<br /> and election to cause Trusto�'s in�erest in the Property to b�sold,which notice Trustee sha�l cause�o be
<br /> duly filed for record in�he appropriate af�ices o�the County in which the Proper�y is fo�ated; and
<br /> �d} With resp�ct to ai1 or any pa�t of the Persona! Property, L�nder shal! have al�the r�ghts and remed�es
<br /> of a seGured par�y under the Nebraska Unifarrn�ammercial Cade,
<br /> Foreclosure by Power of Sale. I�Lender elects to�arec�ose by�xercise�f the Pow�r of Sale herein contained,
<br /> Lender shal! notify Trustee and shal� depasit with Trus#ee this Deed ofi Trust and the Credit Ag�eemen� and
<br /> such receip�s and�vidence of expenditures made and secured by�his Deed of Trust as Truste�may require.
<br /> �a} L]por� receip�af such natice from Lender, Trustee shal[ �ause�o be recorded, published and deli�ered
<br /> to Trustar such Notice of Defauit and Notice ��5a�e as then required by law and by this Deed of Trust.
<br /> Truste� shall, without demand �n Trustar, after such time as may then be required by �aw and afi�er
<br /> recordation of such No�ice o�Default and after Notice a�Sale having been gi�en as requi�ed by law, sefl
<br /> the Property at the �ime and pface of sale fixed by it in such Natice ❑f Safe, �ith�r as a whole, or in
<br /> separa�e fots or parcels or i�ems as Trustee sha�l deem expedien�, and in su�h order as it may determine,
<br /> at public auction to �he highest bidder for cash in lawful money of the United States payable at the time
<br /> o'� sale. Trus�ee sha�l deliver to such purchaser or purchasers the�eof its good and sufficient deed or
<br /> deeds con�eying �he property so sold, but without any c�venant or warranty, express ar implied. The
<br /> recitals in such deed of any ma#�ers ❑r�ac�s shall be con�lus�ve proof o��he tru�hfu[ness thereo�. Any
<br /> person, including without limi�ation Trustor,Trus�ee, or Lender, may purchase at such sale.
<br /> (b} As may be permi��ed by law, af�er deducting all C�5�5, �ees and expenses of Trustee and a'�this
<br /> Trus�, including costs of evidence of t�tle in connection wi�h sale,Trustee shall apply�he p�o�eeds o�sa�e
<br /> �a payment o� ti} a11 sums expended und�r the terms of this Deed ❑f Trus� or under the terms af the
<br /> Credit Agreement no�then repaid, including but na� limited t❑ accrued interest and late charges, �ii} all
<br /> a�her sums then secured hereby, and [iii} the remainder, if any, to the person ❑r persons legal�y entit�ed
<br /> there�o.
<br /> �c} Trustee may in the manner pr�v�ded by law pastpone sale of all or any portion of the Proper�y.
<br /> Remedies Nv# Exc�usive, Trustee and Lender, and each of them, shall be entitled to en��rce payment and
<br /> performance af any indebtedness or obligafians se�ured by�his ❑eed af Trust and�o exe�cise a1[ righ�s and powers
<br /> under this ❑eed o�Trust, under the Credit Agreemen�, under any o�the Related Do�uments, ar under any other�
<br /> agreement ar any laws now or he�eafter in for�e; notwithstanding, same or a[[ of such indeb#edness and
<br /> ob�igatians secured by this De�d o'�Trus�may now or hereafter be o�heruris�secured, whether by mor�gage, deed
<br /> ofi trust, p�edge, li�n, assignmen�ar othenlvis�. Neither�he ac�eptance of this Deed o�Trust nor its enforcement,
<br /> whether by caurt action or pursuan�to the power of sale ar other pow�rs cantained in this Deed of Trust, shal[
<br /> prejudice nr in any manner a�fec�Trustee's or Lender's righ��o realize upan or enforce any other security now or
<br /> herea#�er he�d by Trustee or Lender, i�be�n� agreed that Trustee and Lender, and ea�h of them, shall be en�itled ta
<br /> enforce this De�d o�Trus� and any ather security n�w or her�aft�r held by Lender or Trustee in such order and
<br /> manner� as they or either o� them may in their absolute discretian determine. Na remedy confe�red upon or
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