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2� 1 ��7277 DEED �F TRUST Loan No: 'I�"I�997�6 ��ntltlued� Page 7 RI�HTS AND REMEDIES �N DEFAULT. ff an E�ent �f Default accurs under this ❑eed D� T�VSt, at any tim� thereafter, Trustee ❑r Lender may exercise any vne vt� more of the following rights and r�medies: Acceleration Upon ❑efaul#; Additional Remedies. If any E�ent of Default ❑ccurs as per the terms af the Note secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust t❑ be �1ue and payable and the same shai! thereupan becvme due and payahle withnut any presentment, demand, protest or nvtice vf any kind. Thereafter, Lender may: {a� Either in person or by agen�t, with or withaut bringing any actian or proceeding, or by a recei�er appointed by a court and withou� regard to the adequacy of its s�curity, enter upon and take possessian of the Prope�ty, ar any part thereof, in its own name ar in the name nf Trustee, and d❑ any acts which it deems necessary or desirable tv pres�r�e the �alue, marke�abi�ity or rentahility of the Property, or part of the Property or interest in the Pr�per�y; increase the in�ome firom the Property ar protect the security ❑f the Property; and, with �r withou� taking pnssession of the Property, sue �or ❑r otherwise cvllect the rents, issues and prof�ts of the Prvperty, including those past due and unpaid, and apply the same, �ess costs and expenses ❑f operation and collectivn attvrneys' fees, to any indebt�dness secured by this Deed af Trust, all in such order as Lender may determine. The entering upon and taking possession of the Praperty, the cvllection af such rents, issues and prflfits, and the application thereaf shall nat �ure or wai�e any detault a� natice of default under this ❑eed flf Trust or �n�alidate any a�t dane in respanse tv such default❑r pursuan�to such notic� of default; and, notwithstanding the can�inuance in possession ❑f the Prvperty ❑r the callection, receipt and applicati�n af rents, issues or prafits, Trustee or Lender shall he entitled ta exercise e�ery right pra�ided #or in the Nate or the Related Documents or by law upon the oc�urrence of any e�ent of default, including th� right to exercise the pvw�r of sale; �b� Commence an action ta foreclose this C]eed of Trust as a mvrtgage, appaint a recei�er ar specifically enforce any af the cv�enants hereaf; and (cf Deli�er ta Trustee a written declaratifln �f default and demand far sale and a written natice of defiau�t and �lect�an �o cause Trustor's interest in the Property to be sold, which n�tice Trustee shall cause t❑ be dufy f+led far re�ord in the appropriate❑ffices a�the County in which the Property is lac�ted; and �d} With respect to all ar any part of the Personal Property, Lender shafl ha�e al! the rights and remedies of a secured party under the Nebraska Uniform Cammercial Code. Fvre�lvsure by Pvwer o#5ale. If Lender efects t� foreclose by exercise af the Power of Sale herein cflntained, Lender shall notify Trustee and shall deposit w�th Trustee this Deed ❑f Trust and the Nate and su�h receipts and e�idence of expenditures made and secured by this Deed of Trust as Trustee may require. �a� Upon receipt of such noti�e from Lender, Trustee shall caus� to be recorded, pub�ished and delivered ta Trustor such Notice af Default and Nvtice ❑f Sale as then required by law and by this Deed of Trust. Trustee shafl, without demand an Trustor, after such time as may then be required by law and after recordatian of such NatiGe of Default and after Nvtice ❑f Sale ha�ing been gi�en as required by law, sell the Property at the time and piace ❑f sal� fiixed by it in such Notice vf Sale, either as a whvle, ar in separate iots or parcels ar items as Trustee shall deem �xpedient, and in such ord�r as it may determine, at publi� auctian to the highest bidder for cash in lawful money ❑f the United 5�ates payabfe at the time af sale, Trustee shafl deii�er to such purChas�r or pur�hasers �hereof �ts goad and sufficient deed or deeds can�eying the property so soid, but without any co�enant ar warranty, express vr implied. The re�itals in such deed at any matters ar facts shall be can�lusi�e prflvf ❑f the truthfulness thereof. Any pers�n, including withaut limitatian Trustor, Trustee, ❑r Lender, may purchase at such sale. �b� As may be permitted by law, after dedu��ing all �asts, fees and expenses vt Trus�ee and ❑f this Trust, including costs vf e�idence af ti�le �n c�nnectivn with sale, Trustee shall apply the prflceeds ❑f sale ta paym�nt o� �i} all sums expended under the terms of th�s Deed ❑f Trust or under the terms❑f the Note not then repaid, in�luding but not limited to accrued interest and late charges, �iiy all vther sums then secured hereby, and �iiiy the remainder, if any, ta the persan ❑r persvns legally entit�ed thereto. �c} Trustee may in the manner pro�ided by law pos�pone sale of all or any portion af the Property. Remedies Nvt Exc[usi�e. Trustee and Lender, and each �f them, shall be entitled to enfarce payment and performance of any indebtedness ar obligativns secured �y this Deed of Trust and ta exercise afl rights and pvwers under this Deed ❑f Trust, under the Note, under any of the Relat�d Dvcuments, vr under any other agreement or any iaws naw or hereafter �n fvrce; notwithstanding, same vr all n# such indebtedness and vbli�atians secured by this Deed af Trust may nvw ar hereafter be atherwise secured, whether by m�rtgage, deed vf �rust, pledge, lien, assignment ar otherw�se. Neither the ac�eptan�e af this ❑eed ❑f Trust nor its �nforcement, whether by caurt action or pursuant t❑ the pawer ❑f sa�e ar t�ther powe�s contained in this Deed af Trust, sha�� prejudice or in any manner affect Trustee's ❑r Lender's right ta reafize upan ar enfvrce any othe� security nvw ❑r hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each vf them, shall he entitled to enfiarce this ❑eed ❑f Trust and any other security now ❑r hereafter held hy Lender or Trustee in suGh �rder and manner as they ❑r either of them may in their absolute discretion determine. N❑ remedy conferred upan or reser�ed to Trustee or Lender, is intended ta be exclusi�e af any ❑�her remedy in this Deed af Trust or by law pra�ided ❑r permitted, but each shall be cumulati�e and shaEl he in additivn to e�ery vther remedy gi�en in this Deed a� Trust ar now ar hereafter existing at law ❑r in equity or by statu��. E��ry power ar remedy gi�en by the Note or any af the Refated