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<br /> 241406606
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<br /> (a) either in person or by agent, with or without
<br /> bringing any action or proceeding, or by receiver appointed by a
<br /> court and without regard to the adequacy of any security, enter
<br /> upon and take possession of the Property, or any part thereof, in its
<br /> own name or in the name of the Trustee, and do any acts which it
<br /> deems necessary and desirable to preserve the value, marketability
<br /> or rentability of the Property, or part thereof or interest therein,
<br /> increase the income therefrom or protect the security hereof, and,
<br /> without taking possession of the Property, sue for or otherwise
<br /> collect the rents, issues and profits thereof, including those past
<br /> due and unpaid, and apply the same, less costs and expenses of
<br /> operation and collection, including attorney fees, upon any in-
<br /> debtedness secured hereby, all in such order as Beneficiary may
<br /> determine. The entering upon and taking possession of the trust
<br /> estate, the collection of such rents, issues and profits and
<br /> application thereof as aforesaid shall not cure or waive any default
<br /> or notice of default hereunder or invalidate any act and in response
<br /> to such default or pursuant to such notice of default and, notwith-
<br /> standing the continuance in possession of the Property or the
<br /> collection, receipt and application of rents, issues or profits, Trus-
<br /> tee or Beneficiary may be entitled to exercise every right provided
<br /> for in any of the loan instruments or by law upon occurrence of
<br /> any event of default, including the right to exercise the power of
<br /> sale;
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<br /> (b) commence an action to foreclose this Deed of Trust
<br /> as a mortgage, appoint a receiver, or specifically enforce any of the
<br /> covenants hereof;
<br /> (c) deliver to Trustee a written declaration of default
<br /> and demand for sale, and a written notice of default and election to
<br /> cause Trustor's interest in the Property to be sold, which notice
<br /> Trustee shall cause to be duly filed for record in the official records
<br /> of the county in which the Property is located.
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<br /> 14. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise
<br /> of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with
<br /> Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and
<br /> secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file
<br /> for record, in the Register of Deeds office in the County where the Property is located, a notice
<br /> of default, setting forth the name of the Trustor, the Book and Page or Document No. of this
<br /> Deed of Trust as recorded in said Register of Deeds office, the legal description of the above-
<br /> described real estate and that a breach of an obligation, for which said real estate was conveyed
<br /> as security, has occurred, and setting forth the nature of such breach and the Trustee's election to
<br /> sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the
<br /> Trustee shall give written notice of the time and place of sale which may be between 9:00 a.m,
<br /> and 5:00 p.m. at the premises, or at the Courthouse in the County wherein such Property is
<br /> located, describing the Property to be sold by its legal description, said notice to be published in
<br /> a newspaper of general circulation in the County wherein such Property is located, once a week
<br /> for five (5) consecutive weeks, the last publication to be at least ten (10) days, but not more than
<br /> thirty (30) days, prior to the sale; and the Trustee shall then sell said Property at the time and
<br /> place designated in the notice, in the manner provided by law in effect at the time of filing said
<br /> notice, at public auction to the highest bidder for cash and shall deliver to such purchaser a deed
<br /> to the Property sold, consistent with the law in effect at the time.
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<br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's
<br /> deed conveying the Property sold. Recitals in the Trustee's deed shall be prima facie evidence of
<br /> the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br /> following order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as
<br /> permitted by Nebraska law and reasonable attorney fees; (b) to all sums secured by this Deed of
<br /> Trust; and (c) any excess to the person or persons legally entitled thereto. Any person, including
<br /> Beneficiary, may purchase said Property at said sale.
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