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2� 1 ��874� <br /> DEED �F TRU�T <br /> Lvan No: 'I�'I�99�5� ��Drltirlued� Page 7 <br /> Trustee ar Lender may exercise any❑ne or more at the fallowing rights and rem�dies: <br /> Acceleration Upvn Default; Additiona! Remedies. If any Even�vfi �efault occurs as per the terms vf the Nnte <br /> secured hereby, Lender may decEare aE! Indebte�ness secured by this Deed o�Trust ta be due and payable and <br /> the same sha�i thereupon become due and payable without any presentment, demand. pratest vr noti��vf any <br /> kind. Thereafter, Lender may: <br /> �a} Either in person ar by agent, with or without bringing any action or proceed�ng, or by a receiv�r <br /> appvinted by a court and without regard to the adequacy ot its security, enter upvn and tak� possessivn <br /> - vf the Prvperty, ar any part thereof, in its own name ar in the name of Trustee, and da any acts which it <br /> de�ms necessary or desirabie t❑ preser�e the �alue, marketability ❑r rentability v�the Property, or part of <br /> the Property vr interest in the Prvperty; increas� the income frvm the Praperty ar prfltect the security af <br /> the Property; and� with vr withaut takir�g passession of the Pr�perty, sue fvr �r vtherwise �alle�t the <br /> rents, issues and profits of the Property, inGiuding thase past due and unp�id, and apply the same, less <br /> costs and expenses of❑peratian and collection attorneys' fees, t� any indebtedn�ss secured by this Deed <br /> of Trust. all in such order as Lender may determine. The entering upo� and taking possessian of the <br /> Praperty, #h� cvile�t�an a� such rents, issues and pr�fits� an�! the applicatian thereof sha�E nat cur� or <br /> wai�e any default or notice of default under th�s Deed vf Trust vr in�alidate any act done in response to <br /> such default or pursuant ta such notice af defauit; �nd� no#withs�anding the continuance En pvssessian vf <br /> the Property vr the cvllectipn, receipt and applicativn af �ents, issu�s ❑r prafi�s, Trustee or Lender sha11 <br /> be entitled to exercise e�ery right pro►rided far in the Note �r the Refated D�ocuments ❑r by law upon the <br /> o�cur�enc�of any e�ent of default, inc�uding tt�e right to exercise the power of sale; <br /> �b) �vmmence an actian to forec�ose thEs Deed of Trust as a martgage, appvint a r�cei�er ar specifically <br /> enforce any of the co�enants h�reof; and <br /> �c} Deli�er t❑Trustee a writ�en�leciaratior� of defau�t and demand fo�sale and a wri�ten notice of default <br /> and e�ectian to cause Trustor's interest in the Praperty tv be svtd, which nottce Trustee shall cause to be <br /> duly filed for�record in the appropriate o#fi�es af the County in which the Property is located; and <br /> �d} With respect to afI ar any par�t af the Persona! Praper�y, L.ender sha�� ha�e a!I the rights and remedies <br /> of a secured party under the Nebraska Uniform Commercial �ade. <br /> Foreclasure by Pvwer of 5ale. if L�nder elects tv foreclose by�xer�ise of the Pawe�of Sale herein contain�d, <br /> Lender shall nvtify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts <br /> and e��dence of expenditures made and secur�d by this �eed ❑f Trust as Trustee may require. <br /> ta� Upon receipt of such notice �rom Lender, Trustee shai! cause to be reco�-ded, published and deli�ered <br /> to Trustar such Natice af Default and Natice of Sale as then r�quired by law and by this Deed of Trust. <br /> Trustee shall, withvut demand on Trustvr, after such time as may then be required by law and after <br /> re�ordativn v#such Natice of Default and after Notice ofi 5ale ha�ing been gi�en as required by law, sell <br /> the Praperty at the #ime and place of sale fixed �y it in such Nvtice of Sale, either as a wh�le, vr in <br /> separate Iots ar parcels ❑r items as Trustee shalE deem expedient, and in such vrd�r as it may determine, <br /> at public auction to the highss� bidder far cash in lavvful maney of the Uni�ed 5tates payab�e at the time <br /> o� saie. Trustee shal! deli�er ta such purchaser ar purchasers therevf i�s gvvd and sufficient deed or <br /> deeds cvn�ey�ng the praperty so sold, but without any ca�enan� ar warranty, expre�s or implied. The <br /> recitals in su�h deed af any matters or facts shall be conclusi�e proof af the truth�ulness thereof. Any <br /> person, includ�ng withvut lEmitation Trustor, Trustee, vr Lender, may purchase at such sale. <br /> �b� As may be permitted by �aw, after deducting all G�5t5, fees and expenses af Trustee and of this <br /> Trust, including costs afi e�iden�e of title in connectivn with sale, Trus��e shall apply the proceeds of sale <br /> ta payment of {i� all sums expended under the terms o��his Deed of Trust or under the terms❑f the Nflte <br /> nat then repaid, including #�ut not fimited ta acc�ued interesf and late charges, �iiy all vther sums then <br /> secured hereby, and {iii� the remainder, if any, t❑the p�rson vr persons legally entit�ed thereto. <br /> tc} Trustee may in the manner pro�ided by lav►► pastpone sale of all or any portEvn❑f the Property. <br /> Remedies Not Exciusive. Trustee and Lender, and each of them, sha�l he entEtled t❑ enfvrce payment and <br /> perfarmance of any inde�tedness or o#�ligatians seeured by�his Deed ❑�Trust and to exercise all rights and powers <br /> under thts l��ed of Trust, under the Note, under any af the Re�ated Dacuments, ar under any other agreement ❑r <br /> any laws naw or hereafter in force; n�rtwithstanding, svme or a[I of such indebtedness and �abligativns secured by <br /> this ❑eed o�Trust may nvw ❑r hereafter be ❑therwis� secur�d, whether by martgage, deed of trust, pfedge, lien, <br /> assignment ar otherwise. Neither the acceptance af this Deed vf Trust nar its enforcement, whether by caurt <br /> act�an or pursuant tv the pawer af sale �or ather powers contained in this Deed o� Trust, shall prsjudice or in any <br /> manner affect Trust�e's ❑r Lender'� right to reaf i�e upvn ar enforce any other security now or hereafter held by <br /> Trus�e� ar Lender, it�eing agreed that Trustee and Lender, and each vf them, shall be entitled to enforce this Deed <br /> af Trust and any vther security naw or hereafter he�d by Lender ar Trustee in such order and manner as they ar <br /> either af them may in their absalute discretian determine. No remedy conferred upon �r reser��d t❑ Trustee or <br /> L+ender, �s intended ta be exc�us��e �f any vther remedy in this �eed of Trust❑r by Iaw pro�ided or permitted, k�ut <br /> each shall be cumulative and shall be in addition t� e�ery vther remedy gi�en in this Deed of Trust or now ❑r <br /> hereafter existing at law vr in equity or by statute, E�ery power ar remedy gi�en by the Note or any of the Re�a�ked <br /> Documents to Trustee vr Lender or ta which either of them may be vtherwise entit[ed, may be exercised, <br />