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<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of
<br />the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems
<br />necessary or desirable to preserve the value, marketability or rentability of the Property, or part of the
<br />Property or interest in the Property; increase the income from the Property or protect the security of the
<br />Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents,
<br />issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any Indebtedness secured by this Deed of Trust, all
<br />in such order as Lender may determine. The entering upon and taking possession of the Property, the
<br />collection of such rents, issues and profits, and the application thereof shall not cure or waive any default or
<br />notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant
<br />to such notice of default; and, notwithstanding the continuance in possession of the Property or the
<br />collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise
<br />every right provided for in the Notes or the Related Documents or by law upon the occurrence of any event
<br />of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or
<br />specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of
<br />default and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause
<br />to be duly flied for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and
<br />remedies of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Notes, and such receipts
<br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and
<br />delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of
<br />Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate
<br />lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public
<br />auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied, the recitals in
<br />such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,
<br />including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Notes
<br />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />performance of any Indebtedness or obligations secured by this Deed of Trust and to exercise all rights and
<br />powers under this Deed of Trust, under the Notes, under any of the Related Documents, or under any other
<br />agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br />obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage,
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