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2� 17��272
<br /> DEED �F TRUST
<br /> Loan No: '1�'13�'I'i 7� ���rlt�nued� Page 7
<br /> kind. Th�reafter, Lender may:
<br /> �ay Either in persvn or by agent, with or withaut bringing any action ar praceeding, or t�y a recei�er
<br /> app�inted by a caurt and withaut regard to the adequacy ❑f its s�curity, enter upan and take passession
<br /> of the Property, vr any pa�t therevf, in its own name �r in the name of Trustee, anci dv any a�ts which it
<br /> deems necessary or desirahle to preser�e the �aiue, marketabifity or renta�ility �f the Praperty, ❑r part of
<br /> the Property ❑r interest �n the Property; increase the in�nme fram the Property ❑r protect the se�urity �f
<br /> the Property; and, w�th or withvut taking pvss�ssion of the Property, sue for or ❑therwise cvlle�� the
<br /> rBntS, issues and profits of the Property, €ncluding �hase past due and un�aid, and apply the same, less
<br /> �asts and exp�nses of aperativn and collection attorneys' fees, to any indebtedness secured by this De�d
<br /> af Trust, all in su�h order as Lender may determine. The entering upan and taking possessian af the
<br /> Proper�y, the co�lectivn of su�h rents, issuss and profifs, and the applicatifln there�f sha�l not cure or
<br /> wai�e any default ❑r notice ❑f default under th�s Deed of Trust or in�alidate any act d�ne in respvnse to
<br /> such default or pursuant ta such notice of default; and, notwithstanding the continuance in pvssessivn af
<br /> the Praperty or the Galleetian, receip� and application af rents, issues ar prafits, Trust�e or Lender shall
<br /> be entitled to exercise ��ery right pro�ided far in the Nvt� or the Related Documents flr by law upon the
<br /> occurrence of any e�ent vf default, including the right t�exercise th� power of sa1e;
<br /> �b� Cammence an activn to farec�ase this Deed af Trust as a mortgage, appoint a recei�er❑r specifically
<br /> enfar�e any o�the co�enants hereaf; and
<br /> {cy Deli�er ta Trustee a writ�en de��aration af default and demand for saie and a written notice af default
<br /> and e�ectivn tv cause Trustvr's interest in the Property to be sold, which nvtice Trustee shall cause to be
<br /> duly fi�ed far record in the appropr�ate ofifices vf th� County in which �he Prop�rty is located; and
<br /> {d7 With respect to a�1 or any part of the Personal Property, Lender shall ha�e all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Cvmmercial Cod�.
<br /> Fvrec�osure by Power o�5ale. Ef Lender ele�ts �o fareclose by exercise of the Pawer of Sale herein contained,
<br /> Lender shal� natify Trustee and shall depasit with Trustee this ❑eed af Trust and the Nvte and such receipts
<br /> and e�idence ❑f expenditures made and se�ured by this Deed ot Trust as Trustee may require.
<br /> fa� Upvn receipt �f such notice fram Lender, Truste� shall cause to be recarded, published and deli�e�ed
<br /> ta Trustor such No�ice �f ❑efault and Notice of Sale as then required by law and by this �eed ot Trust.
<br /> Trustee shall, withvut demand ❑n Trustor, a�ter su�h time as may then be required by law and after
<br /> recorda�ion of such Notice of ❑efauft and after Nat�ce af Sale ha�in� been gi�en as required by law, sell
<br /> the Prnperty at the time and pla�e vf sale fixed by it in such Notice �f Sa�e, either as a whvle, ❑r in
<br /> separate Iots �r parcels �r items as Trustee shall deem expedient, and in such arder as i� may determ�ne,
<br /> at �ublic auct�on tv the highest bidder fvr cash in �awful maney ❑f the United States payab�e at �he time
<br /> af sale. Trustee shall deli�er tv such purchaser or purchasers therenf its good and sufficient deed or
<br /> deeds con�eying the property s❑ sold, but without any co�enant or warranty, express ar implied. The
<br /> recitals in such deed of any matters ar facts shall be conclusi�e proof of the �ruthfulness thereot. Any
<br /> person, in�luding without limitatian Trustor, Trustee, or Lender, may purchase at such sale.
<br /> �b� As may he permitted by iaw, after deducting all costs, fees and expenses �f Trustee and af this
<br /> Trust, including casts of e�idence of title in connection with sale, Trustee sha�� appiy the proceeds of sale
<br /> to payment vf �i} all �ums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> nv# then �epaid, in�luding but nat limit�d to accrued interest and late charges, �ii� a�l �ther sums then
<br /> secured hereby, and �iii} the remainder, if any, t❑the persan ar persons legally entitled theretfl.
<br /> {c} Trustee may in the manner pro�ided by faw postpane sale ❑f a!I or any pnrtion of the Proper�y,
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each o� them, shall be entitled to enforce payment and
<br /> performance ❑f any indebtedness �r obligations secured by this Deed of Trust and t❑ exercise aff rights and pawers
<br /> under th�s Deed of Trust, under the Note, under any of the Related Dvcuments, or under any vther agreement or
<br /> any laws now or hereafter in force; notwithstanding, some or all ❑f such indebtedness and obligativns secured by
<br /> this aeed of Trust may now vr hereafter be vtherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the a�ceptance ❑f this Deed of Trust nnr its enforcement, whether by court
<br /> actian ❑r pursuant t❑ the power of sale or ❑ther powers contained in this Deed ❑f Trust, shall prejudice o� in any
<br /> manne� affecf Trustee's or Lender's right to rea�ize upon vr enforce any other seCurity now ar hereafter held by
<br /> Trustee ar Lender, it being agreed that Trustee and Lender, and each af them, shall �e entitied to enforce this �eed
<br /> af Trust and any other security naw or hereafter held by Lender ar Trustee in such order and manner as they or
<br /> either af them may in their ab�vlut� discretion determine. N� remedy con�erred upon ar reser�ed t❑ Trustee nr
<br /> Lender, is intended t❑ be �xclusi�e af any other r�medy in this D�ed af Trust or by law pra�ided ar permitted, but
<br /> each shall be cumulati�e and shall be in addition t❑ e�ery nther remedy gi�en in this aeed of Trust �r nvw ❑r
<br /> her�a#ter existing at law a� in equity or by statut�. E�ery power or remedy gi��n by the Note or any of the Related
<br /> C]vcuments ta Trustee ar Lender or t❑ which either of them may be fltherwise entit�ed, may be exercised,
<br /> �ancurrent�y or independently, from time to time and as often as may be deemed expedient by Trustee ar Lender,
<br /> and either vf them may pursue inconsistent remedies. Nothing in this Deed of Trust shall he construed as
<br /> pr�hibiting Lender #rvm seeking a de��ciency judgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall nat exclude pursuit vf any ather remedy, and an e�sctifln tv
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