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2� 17��82 DEED �F TRUST Loan No: ��'i 3a�986 ��nt[nued} Page 7 �a� Either in persan ar by agen�, with or w�thvufi br�nging any action vr praceeding. nr by a recei�er appainted by a cvurt and w�thvut regard to the adequacy a�its security, enfier upan and take passession a�the !'roperty, or any pa�t thereo�F, in i�s vwn nam� or in the name of Trustee, and da any acfis which it deems necessary or desirable to preser�e the �aluef marketability ar rentab��sty o�f�he Property, or part�fi fihe Property or interest in th� Prop�rty; increase the income f�om the Property ar protect the se�urity of the Properfiy; and, w�th or without takEng pflssession af the Prvperty, sue �o�- ol' otherwise co[[ect the rents� issues and profits af fihe Property, �ncluding those pas� due and unpaidr an� apply the same� [ess costs and expenses o�operation and ca�lecfiian a#torneys' fees, �v any indebtedness secured by this Deed v� Trust, a[l in such arder as Lender may determine. The en�ering upan and talcing pvssession of the P�operty, the cv[�ecfion of such r�nts, issues and prvf�ts, and the app�ication �h�reo� shafl nv� cure ❑r waive any default vr nvtice af defaui� under this Deed o�Trust vr invalida#e any act done in respvnse ta such default or pursuant to such notice of default; and, nvfiwiths�anding the continuance in pvssession of the Properfiy or �he collection, receip� and application of rents, issues or profits, Trustee ❑r Lender shalf be en�itled ta exercise e�ery right pr��ided for in the Note or the Rela�ed Documents or by Eaw upvn the ❑ccurrence of any e�ent v�defaul�, inc[uding the righ�to exercise the pvwer o�sale; �b� Cammen�e an acfiion t� for�c�vse fihis Deed of Trust as a mortgage. appaint a recei�er❑r specifically en�force any❑f�he cvvenan�s hereof; and {c} Deii�er to Trustee a written dec[ara�ion of defau[t and demand �or sal� and a writren nvtice o�defauft and e�ection to cause Trust�r's interest in the Property tv be safd, whsch n�tEce Trus�ee shall cause�o be duly filed for r�cord in the appropriate oftices of the County in which the Proper�y is Eocated; and �dy V11ith �espect ta al1 or any part o�the Persona[ Prvperty, Lender sha[I ha�e a[I the rights and remedies of a secured party under the Nebraska Uniform �ommercial Code. Foreclosure by Pawer of Saie. 1�Lender elects to fnreclase by exer�ise ❑f the Power❑�Sa�e herein �vnfained, Lend�r sha�4 notity Trus�ee and shall depvsit with Trustee thss Deed v�Trust and the N�te and such re�eipts and e�idence v�expenditures made and secured by'�his ❑eed of Trust as Trustee may require. �a} Upon re�eipt afi such notic� �Frflm Lender, Trustee shall cause�❑ be recorded, published and deli�ered to Trustor such Notice of De�ault and Nvfiice af Sa�e as then required by law and by�his Deed of Trust. Trustee shaEi, without demand an Trustor, afte� such time as may then be required hy law and after recordation af such Notice of ❑efault and af�er Nvtice v� 5a�e ha�ing been gi�en as required by law, seI[ �he Property at the time and place of sale fix�d by it in such Notice ❑f Sale, either as a whale, or in separate lots or parcels ar items as Trustee shal� de�m expedient, and in such order as it may determine, at public auc�ivn �❑the highest bidder for cash in lawful money af the UnEted Stafies payable a��he �ime vf sale. Trustee shall de[i��- to such purchaser or purchasers thereof ��s good and sufficient deed ❑r deeds con�eying �h� property sv sold, but withvut any co�enant ❑r warran�y, ejcpress ❑r imp�ied. The recitafs in such deed of any matters ❑r fa�ts sha[[ be conclusi�e prnof of the tru-thfulness therevf. Any person, inc[uding without iimifiation Trustor,Trustee, or Lender, may purchase a�such sale. �b� As may b� permi�ted by law, a#�er deducting all CD5t5� fees and expenses af T�ustee and of �this Trus�, includEng cos�s❑f e�idence of title in conn�ctivn with sal�,Trustee shall apply the p�-oceeds of sale ta payment o�F {i} al[sums expended under the terms ofi this Deed ❑f Trust❑r under the terms of the Note not �hen repa�d, including but not [imited to accrued in�erest and late chargesf {ii} all ❑�her sums �hen secured here�y, and ti�iy the remainde�� 3�f any, �a the persan❑r pe�rsons [egally en�itled thereto. �cy Trustee may in the manner pro�ided by law postpone sa[e of all or any partion❑f the Proper�y, Remedies Not Exciusive. Trustee and Lender, and each ❑� them, shall be entitled �❑ enforce payment and perfvrman�e of any inde�tedness ❑r❑�liga�Eans secured by this Deed af Trust and to exercise a[I rights an� pawers under this D�ed vf Trust, under �h� Note, unde� any of the Related ❑ncuments, ❑r under �ny ❑ther agreemen� or any laws now �r hereafter in for�e; natwi�hstanding, some vr aII ❑#such ind�btedness and obligations secured by this Deed o�Trust may now or hereafter be ❑therwis� secured, whe�her hy mortgage, deed of trust� pfedge, lien, assignment ❑r otherwise. Neither the acceptance ❑f this ❑eed of Trust nvr its enfflr�ement, whether by court action or pursuant to the pawer ❑f sale ar other powers contained in this Deed ❑fi Trust, shall p�rejudice ar in any manner a�fect T�ustee`s or Lender's right to r�alize upvn or enfar�e any ather security naw or hereafter he[d by Trustee ar L�nder, it being agreed that Trustee and Lender, and each of them, shalf be entitled t❑ enfarce this Deed ❑f Trust and any oth�r security naw ar herea�fter he[d by Lender vr Trus�ee in such arder and manner as �hey or ei�her of them may in their absv[ute discretivn determine. No remedy can#erred upvn �r reser�ed ta Trustee or Lender, is intended t� be exclusi�e af any ather remedy in this Deed ❑f Trus�ar by law pro��ded ❑r permi��ed. bu�t each shall be cumula�ive and shall �e in addition to e�ery ❑ther remedy gi�en �n this Deed af Trus� ❑r naw ar hereafter existing at faw or�n equzty or by statufie. E�ery power ar remedy gi�en by�he No�e or any ot the Relafied Documen#s to Trus�ee ar Lender ar to whEch either vf them may be otherwise entit[ed, may be �xercised, canGurrent[y ❑r independently, frvm �ime �o �ime and as often as may fae deemed expedien� by Trustee ❑r Lender, and either o�f them may pursue �ncvnsistent r�medies. Nathing in this Deed of Trus� sha�f be cons�rued as prohibitfng Len�er frvm seeking a deficiency judgment against the Trustor to the extenfi such action is permitted by law. Electian by Lender ta pursue any remedy shall n�fi exclud� pursuit af any other remedy, and an e[ection �❑ mal�e expenditures vr to �ake actian to perform an ❑bligation of Trust�r under this Deed of Trust, after Trustor's �ailure�❑ per�orm, shal[ not affect Lender`s right ta declare a detaul�and exercise its remedies.