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2� 17��85�
<br /> DEED �F TRUST
<br /> Lvan Na: ��'13��'135 ��ont�nued} Page 7
<br /> rents, issues and p�o-�its ❑f the Proper�y, including thvse past due and unpaid, and apply the same, �ess
<br /> casts and expenses ❑�f❑perafiion and coliectian attorneys' fees, �v any indebtedness secur�d by this ❑eed
<br /> of Trust, all in such ❑rder as Lender may de�ermine. The entering upon and fiaking possession ❑f the
<br /> Prvperty, �he collec�ion o� such ren�s, issues and profi�s, and the app�ication thereo� shall not cure or
<br /> wai�e any de�fault❑r na�ice af defaul� under this Deed of Trusfi❑r inva�idate any act dane in resp�nse �v
<br /> such de�aul�or pursuant to such notice of de�ault; and, notwithstanding the continuance in possessi�n of
<br /> the Proper�y or �he co��ection, receipt and appl€cation o� ren�s, issues or pro�its, Trus�ee or Lender shall
<br /> be entitled �o exe�cise e�ery right pro�ided for in�he No�e or�he Related Documen�s or by law upan the
<br /> �ccurrence o�any e�en�t o�de�au�t, inc�uding the right ta exerczse the power a�sale;
<br /> �b� Commence an ac�ivn�❑ foreclose this Deed o�Trust as a mortgage, appoint a recei�er ar speci�icaliy
<br /> enfvrce any a�the coWenants herea�; and
<br /> �c� Deli�er�ta Trus�ee a v+rrit�en declaratian of default and demand for sale and a writ�en n��i�e a�defaul�
<br /> and e�ection�o �ause Trustor's interes�in�he Property�o be so�d, which na�ice Trus-�ee shall cause ta be
<br /> duly�i�ed tor recvrd in fihe appropria�e ofifices af the Cvun�y in whi�h the Property is lacated; and
<br /> �d} V11ith respec��❑ all ❑r any part❑f�he Personal Property, Lender shall ha�e all�he righ�s and remedies
<br /> of a secured par�y under�he Nebraska Uni�orm Cammer�ial Code.
<br /> Fare�losure hy Power o#5ale. lf Lender elec�s to foreclose by exercise ❑f�he Power❑f Sale herein con�ained,
<br /> L�nder shall no�ify Trustee and shall d�pasit with Trus�ee this Deed o�Trusfi and the No�e and such receip�s
<br /> and e�idence ofi expenditures made and secured by�his ❑eed of Trust as Trus�ee may require.
<br /> {a} Upvn receipt af such notiGe from Lender,T�ustee shall cause to be recorded, published and de�i�ered
<br /> to Trustor such No�ice of De�aul� and Natice ❑� 5ale as then required by law and by th�s ❑eed o�Trust.
<br /> Trustee shall, wi�hvut demand on Trustvr, after such time as may then be required by law and after
<br /> recorda�ivn of such Nv�i�e of Defaul� and af�er Noti�e of 5ale ha�ing been gi�en as required k�y law, sel�
<br /> the Property at �he �ime and place o� sale �ixed by it in such Nvtice vf Safe, either as a whv�e, or in
<br /> separa�e lots o� parGels or i�ems as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auc�ian to�he highes� bidder fo�r cash in lawful mon�y ❑�the Uni�ed S�ates payable at�he �time
<br /> of sale. Trus�ee shall deli�er to such purchaser vr purchasers thereo� i�s goad and suffi�ient deed a�-
<br /> deeds conWeying the property so svld, but wi�hout any co�enant or warranty, express ❑r implied. The
<br /> reci�als in such deed o� any mat�ers ar fac�ks shall be conclusi�� proof of fihe truth�ulness thereof. Any
<br /> person, incfuding wifihoufi limita�ion Trustar,Trus�ee, or Lender, may purchase at such sa�e.
<br /> �b} As may be permitted hy law, after deducting all �vsts, fees and expenses ❑f Trustee and o� this
<br /> Trust, including costs❑�e�idence af title in �onnec�ion with sale, Trus�ee shall apply�he proceeds o�sale
<br /> to payment n� 4i} all sums expended under the�erms���h�s ❑eed of Trus�or under�he�erms a��he N�te
<br /> no� then repaid, including but no�k limited to accrued interest and lat� charges, {ii� all other sums then
<br /> secured herel�y, and �ii�}the remainder, ifi any,ta the persvn❑r persons legally entitled�hereto.
<br /> �c} Trus�ee may fn thg mann�r pr��ided by law pos�pone sale❑f all or any portion❑f�he P�roperty.
<br /> Remedies Nvt ExclusiWe. Trustee and Lender, and each ❑-� them, shall be en�i�led fio enfvrce paymen� and
<br /> performance o�any indebtedness vr vbligativns secu�ed by this Deed of Trus�and ta exercise all r�gh�s and powers
<br /> under�his Deed of Trust, under the No�e, under any of the Related Documents, or under any a�ther agreemen� or
<br /> any laws now ❑r he�eafter in�orce; notw�ths�anding, svme or all ofi such indebtedness and obligati�ns secured by
<br /> �his aeed of Trust may naw or hereafter be otherwise secured, whether 1ay martgage, deed of trus�, pledge, lien,
<br /> assignmen� or o�herwise. Neither the acceptance af this Deed of Trust nvr its enforcement, whe�her by �ourt
<br /> action or pursuan�t to the power ❑f sale ❑r other pvwers contained in this Deed o�Trust, sha�l prejudice ❑r in any
<br /> manner affect Trustee's or Lender's righ� ta realize upon �r en�orce any ❑ther security n�w �r hereafter held by
<br /> Trus�ee or Lender, �t being agr�ed tha�Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br /> of Trus� and any a�her security now �r he�eafter held by Lender or Trus�ee in such order and manner as they or
<br /> either of th�m may in their absvfute discretion dete�-mine. No remedy can�e�-red upan or rese��ed �o Trustee ❑r
<br /> Lender, is in�ended tv be excfusiWe of any othe�remedy in�his Deed o�Trust or by law proWided vr permitt�d, laut
<br /> each shall be cumula�i�e and shall be in addition tv e�ery ❑ther remedy gi�en in th�s ❑eed of Trust ar now or
<br /> hereafter existing at law or in equity or by statute. E�ery power or remedy gi�en by th� Nate �r any o-��he Related
<br /> Documen�s tv Trustee or Lender ar �v whiGh either af them may be otherwise entitled, may be exer�ised.
<br /> con�urrently ar indep�nden�ly, from time t❑ time and as of�en as may be deemed expedien� by Trustee or Lender,
<br /> and either of th�m may pursue incansistent remedies. Nothing in this ❑eed of Trust shall be construed as
<br /> p�rohibiting Lender from seeking a de�iciency judgmen�aga�ns�the Trustor to�he ex�en�such actian is permit�ed by
<br /> faw. Election by Lender ta pursue any remedy shall nvt exclude pursuit of any ❑ther remedy, and an election t❑
<br /> make expenditures nr to take ac�ion to perfvrm an ❑bligativn af Trustor under �his Deed of Trust, af�er Trustor's
<br /> failure tv perform, shall not a-��ect Lender's righ��o de�lare a default and exer�Ese its remedies.
<br /> Request for Nv�ice. T�-ust�r, an behal�F o#Trus�vr and Lender, hereby reques�ts that a copy of any Nvfiice vf Default
<br /> and a copy❑�F any No��ce ❑�F Sale under�h�s Deed ❑f Trust be mailed�o�hem at�he addresses set forth in th�firs�
<br /> paragraph o�this Deed��Trus�.
<br /> Attorneys' Fees; Expenses. I� Lend�r institutes any suit ar activn to enforce any of the �kerms of this ❑eed o#
<br /> Trust, Lender shall i�e enti�led to recover such sum as th� court may adaudge reasanable as a�tvrneys' fees at�rial
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