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, . ` 2� 17��4 •' r DEF�3 �F TRUST L�an Nv: ��'i 3��8�7 {Cantlr7ued} Page 7 fihe Praperty or�he co��ection, receip� and applica�ion ❑f ren�s, issues or profits, Trustee or Lende�- shall be entitled �to exercise e��ry righfi prv�ided for in the Note or the Related Documents or by law upon the occurrence of any eWent o�de�aul�, in�luding the right t❑ exer�ise the power of sa�e; tb} Commence an a�tian �o foreclase this Deed of Trust as a m�rtgage, appoin�a rec�i�er or speci�ically enforce any❑f fihe co�enants herevf; and {c} i�eli�er to Trus�� a written d�c�ara�ion o�default and demand for sa[e and a written nafiice ❑f detautt and elec�ion to cause Trustvr's inter�st in the Prvper�y ta be sold, which no�tic�Trustee shall cause tv be duly�iled�vr re�ord in the appropria�e affices❑�the County fn which the Property is Iocated; and �d� Vllith respect�o all or any par�vfi the Persona� Property, Lender shal� haWe all the rights and remedies o�a secured party under the Nebraska Uni�form Commerciai Code. Forec[asure by Power vf Sale. 1#Lender elects to�Fore�lvse by exercise of�he Power of 5ale herein Gon�ained, Lender shall noti�y Trustee and sha�l deposi� with Trustee this ❑eed ❑�Trust and the No�e and su�h receip�ts and e�iden�e o�expenditures made and secured 1ay this Deed a�T�ust as Tr-ustee may require. �a} lJpon receipt of suGh not�ce �rom Lender, Trus�ee shall cause to �e recorded, pub�ished and deli�ered to Trus�or such No�ice o-� De�au�fi and N�tice ❑f Sale as then �-equi�ed by law and by this Deed a�Trust. Trustee sha[E, wifihou� demand on Trustar, affier su�h t�me as may �hen be r��uired by �aw and after recordation o�such No�ice ❑f �efault and after Notice of Sale ha�ing been gi�en as required by law, sell the Prope�ty at the �ime and p�ace of sale fixed by i� in such Notice of Sale, eith�r as a whole, vr in separa�� ats or parcels or i�ems as Trus�ee shal� deem expedien�, and in su�h ❑rder as i� may determine, at pul�lic au�fiivn ta�he highes� bidder�or cash in lawful maney af�he LJnited States payable at the �ime of sale. Trustee shall d�li�er fia su�h purchaser ❑r pur�hasers �hereof its good and suffi�ient deed or deeds cvn�eying �he proper�y so sold, but wi�hvu� any c��enant ❑r warranty, express �r imp�ied. The recitals �n such deed ❑f any matters or facts shall he con�lusi�e proa� v�the truthfulness therea�. Any persvn, including without l�mitati�n Trustvr,Trustee, or Lender, may purchase a�such sa�e. �h� As may he permitted hy 1aw, after deduc�ing all costs, �ees and expenses of Trustee and of �his Trust, including costs ❑f e�idence vf ti�le in connecfiion with sale,Trus�ee sha�l apply the prviceeds of sale to paymen�of �i} all sums expended under fihe terms of this ❑eed of Trus�v�under�he terms of the Note no� �hen re�aid, including bu� not fimi�ed �t❑ accrued infierest and late charges, �ii} afl a�her sums then secured hereby, and t��i}the remaind�r, if any�t❑the person❑r persons I�gally entitled there�o. {c� Trustee may in the manne�-pro�ided hy law postpone sale of all or any pvr�ion ❑�the Property. Rem�dies Not Exclusive. Trus�ee and L�nder, and each of them, shal� be entit�ed �v enforce payment and per�ormance o�F any indebtedness ❑r❑bligatians secured by�his �eed ❑f Trust and fia exer�ise all righ�s and powers under this Deed o�Trus�, under�he Nvfie, under any of the R�la�ed ❑o�umen�s, or under any o�her agreemen� ar any laws now ❑r he�-eafter in for�e; no�wi�khstanding, some ❑r ail �f such indeb�edness and ahligat�vns secured by �his ❑eed of Trust may naw or hereaf�er be o�herw�se secu�-ed, whether by mar�gage, deed of t�ust, pledge, tien, assignment or o�herwise. Neither the acceptance ❑f this Deed ❑f Trust nor its enfarcement, whethe�- by court action or pursuant�o th� power ❑f sale or ❑�her pvwers con�ained in this aeed o�Trust, shal� prejudice or in any manner affect Trus�ee's or Lender's right�o realize upon ar en�vrce any vther security now or hereafter held by Trustee❑r Lender, i�being agreed�hat Trus�ee and Lender, and each of�hem, shalf be en�itled ta enforce this �3eed ��Trus� and any other security nvw ❑r hereafter hefd by Lender or Trustee �n such �rder and manner as they or ei�her ❑f fihem may in their absolute discretion determine. No �-emedy con�erred upan ❑r reser�ed �a Trus�ee or Lender, is in�ended to be exclusiWe o� any ❑ther remedy En this �3�ed a�Trust vr by law pra�ided ar permi��ed, but each shall be cumulative and shall be in addition fiv every other remedy gi�en in this Deed of Trus� or now or herea-f�e�-existing a��aw or in equity or by sta�u�e. E�ery power or remedy giWen by�he Nvte ar any vf the Related Dv�umen�s �a Trustee or Lender vr �v whi�h either vf �hem may be v�herwise enti�led, may be exercised, concurrentiy �r independen�ly, �rom time fio time and as af-�en as may }�e deemed expedfent by Trus�ee ar Lender, and ei�her ❑� them may pursue incansistent remedies. Nathing in �his ❑eed of Trust shall be construed as prvhi}�i�ing Lender f�rom seeking a defi�iency judgmen�against the Trustor to the extent such action is permit�ted by iaw. Electian hy Lender t� pu�su� any remedy shall nat exclude pursuit vf any other remedy, and an electi�n ta make expenditures or to �ake action to p�rfvrm an abliga�ion o�f Trustor under this ❑eed o#Trus�, a�f-ker Trustor's failure tv perfarm, shall no�affec�Lender's right t❑declare a dafault and exercise i�s remedies. Request�or No�ice. Trus�or, vn behalf of Trustor and Lender, hereby requests that a copy of any No�ice of De#auf� and a c�py vf any Notice �f Sale under this Deed o�Trust be maiEed�t❑fihem at the addresses set farth in the�irst paragraph of this Deed ❑f Trust. At�orneys' Fees; Expenses. I� Lender insti�u�es any suit ar activn t❑ enforce any o� the fierms ❑� this D�ed of Trus�, Lender shall he en�itled to recover such sum as the cour�t may adjudge �easonabl� as attorneys' �ees a�tria� and upon any appea�. Whe�her or no� any cour-t action is invol�ed, and t❑ the ex�ent no� prvh�bited by law, all reasanabie expenses Lender incu�-s �hat in Lender's ap�nian are necessary at any time fiar the pro�kec�i�n of its interest or�he enforcement❑f i�s r�ghts shall becvme a par�of the lndebtedness payabie vn demand and shall bear interest at�he Nvfie ra�e from�he date��the exp�nditure untii �-epaid. Expenses co�ered by this paragraph include, withou� limi�kation, how��er subjec�to any limits under applicabfe law, Lender's attorneys' fees and Lender's lega� expenses, whe�her or not �here is a lawsuit, including a��orneys' fees and expenses for bankrup�cy prnceedings