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86- 100907
<br />profits thereof, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Beneficiary may determine. The
<br />entering upon and taking possession of the Trust Estate, the collection of such
<br />rents, issues and profits and the application thereof as aforesaid, shall not cure
<br />or waive any default or notice of defauit hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstand-
<br />ing the continuance in possession of the Trust Estate or the collection, receipt
<br />and application of rents, issues or profits, Trustee or Beneficiary shall be
<br />entitled to exercise every right provided for in any of the Loan Instruments; or
<br />by law upon occurrence of any event f default, including the right to exercise
<br />the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for
<br />sale, a written notice of default and election to cause Trustor's interest in the
<br />Trust Estate to be sold, which notice Trustee shall cause to be duly filed for
<br />record in the appropriate Official Records of the County in which the Trust Estate
<br />is located.
<br />li. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose
<br />by exercise of the Power o a e herein contained, Beneficiary shall. notify Trustee
<br />and shall deposit with Trustee this Deed of Trust. and the Note and such receipts
<br />and evidence of expenditures made and secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default and Notice of
<br />Sale as then required by law and by this Deed of Trust. Trustee shall, without
<br />demand on Truster, 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
<br />as required by law, sell the Trust Estate at the time and place of sale fixed by
<br />it in such Notice of Sale, either as a whole, or in separate lots or parcels or
<br />items as Trustee shall r-eem expedient, and in such order as it may determine, at
<br />public auction to the highest bidder for cash in lawful money of the United States
<br />payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof its good and sufficient deed or deeds conveying the property
<br />so sold, but without any covenant or warranty, express or implied. The recitals
<br />in such deed of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. Any person, including, without limitation, Trustor, Trustee or Bene-
<br />ficiary, may purchase at such sale and Trustor hereby covenants to warrant and
<br />defend the title of such purchaser or purchasers.
<br />ib) As may
<br />be permitted by law, after deducting
<br />all costs, fees and
<br />expenses of Trustee
<br />and of
<br />this Trust,
<br />including costs of
<br />evidence of title in
<br />(i)
<br />connection with sale,
<br />Trustee
<br />shall apply
<br />the proceeds of sale to payment of
<br />all sums expended under
<br />the
<br />terms hereof,
<br />not then repaid,
<br />with accrued interest .
<br />at the highest legal
<br />rate in the State
<br />of Nebraska, (ii)
<br />all other sums then
<br />secured hereby, and
<br />(iii) the
<br />remainder,
<br />if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law, postpone sale of all or
<br />any portion of the Trust Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them.
<br />shall be enTIFI-ed to enforce payment and performance of any indebtedness or
<br />obligations secured hereby and to exercise all rights and powers under this Deed
<br />of Trust or under any Loan Instrument or other agreement or any laws now or
<br />hereafter in force, notwithstanding some or all of the such indebtedness and
<br />obligations secured hereby may now or hereafter be otherwise secured, whether by
<br />mortgage, deed of trust, pledge, lien, assignment, or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement whether by court action or
<br />pursuant to the power of sale or other powers herein contained, shall prejudice
<br />or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br />being agreed that rustee and Beneficiary, and each of them, shad be entitled io
<br />enforce this Deed ,f trust and any other �ecurit _v now or hereafter held b-
<br />13eneficiary •�r Trustee in such order and manner as tey er F�ithu cf them may in
<br />their absr_,.uttr C' 5C'retiLt: detPr)r7inF. No rerr:edV !:Crt'7 T! i.Or :Cr2'c'Cl !ipon 07' re5er'V I'd
<br />tc� fruatee ;.0 ..'•en.faciary i> intended to DA, rx��i_ss >ivr of a v .? +.hrr rer�edv
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