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<br />DE�D OF TRUST '� � � � O � � � �
<br />(Continued) Page 6
<br />Loan No: 101234731
<br />without regard to the adequacy of its security, enter upon and take possession of the ('roperty, or any part thereot, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary pr desirable to presarve the value,
<br />marketability or rentability of the Property, nr pert of the Praperty or interest in the Property; increase the incame from the
<br />Praperty ar protect the security of the Property; and, with or without taking possession of the Praperty, sue for pr ptherwise
<br />collect the rents, issues and profits of the Property, including those psst due and unpeid, 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 in such order as
<br />Lendar may determine. The entering upon and taking possession of the Property, the collectipn pf such rents, issues and
<br />profits, and the application thereof shall not cure or weive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuanpe in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right pravided fpr in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right tp exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as e mortgage, epppint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written natice af default and election to
<br />cause Trustor's interest in the Prpperty ta k�e sold, which notice Trustee shall cause ta be duly filed for record in the
<br />appropriate offices of the County in which the Property is lacated; and
<br />(d) With respect to all or any part of tha Personal Property, Lender shall have all the rights and remedies of a sscured party
<br />under the Nebraska Uniform Cnmmercial Code.
<br />Foreclosure hy Power of Sale. If Lender elects to foreclose by exercise of the f'ower of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed af Trust as Trustee may require.
<br />Ia1 Upan receipt of such notice from Lender, Trustee shall cause to be recorded, publishad and delivered to Trustor such
<br />Notica of Default end Nntice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Nptice of
<br />Sele having been given as required by law, sell the Prpperty at the time and place of sale fixed by it in such Natice pf Sale,
<br />either as a whole, or in separate Ints or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to tMe highest bidder for cash in lawful mnney of tha 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 conveying the property so
<br />snid, but without any covenant or warranty, exprass or implied. The recitals in such dead of any metters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitetion Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees end expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, 7rustee shall apply the proceeds of sale to payment of (i) all sums axpended under
<br />ths terms of this Deed of Trust or under the terms pf the Note not then repaid, including but not limited to accrued interest
<br />and late charges, lii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided 6y law postpone sale of all or any portipn of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitlsd to enforce payment and performance of any
<br />indebtedness or obligations secured by this C7eed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hareafter in force; notwithstanding,
<br />some or all of suoh indebtedness and obligations secured by this beed of Trust mey now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neithar #he acceptance of this Deed of 7rust nor its enforcement,
<br />whsther 6y court action or pursuant to the power nf sale ar other powers contained in this L7aed of 7rust, shall prejudioe nr in any
<br />manner affect Trustee's or Lender's right to realize upon or entorce any other security now or hereafter held by Trustes or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hareafter held by Lender or Trustee in such arder and manner as thay or either pf them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to 7rustee or Lender, is intended to be exclusive of any ather remedy in this Deed of Trust ar by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed af Trust or
<br />now or hereafter existing at law pr in equity or by statute. Every power or remedy given by the Nota or any of the Related Documents
<br />to Trustae ar Lender or to which either of them may be otherwise entitled, m�y be sxercised, concurrently or independently, from time
<br />ta tima and as often as may be deemed expedient by Trustee or Lander, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall ba construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by Isw. Election by Lender to pursue any remedy shall not exclude pursuit af any other remedy, and
<br />an elactinn ta mske expenditures or to take action to perform an obligation qf Trustnr under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right ta declare e default and exercise its remedies.
<br />Request for Notice. Trustor, an behalf of 7rustar and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Dead of Trust be mailed to them at the addresses set forth in the first paragraph af this Daed af Trust.
<br />Attorneys' �ees; Expenses. If Lander institutes any suit or action to enforce any of the terms of this Deed af Trust, Lender shall be
<br />entitled tn recnver such sum as the court may adjudge reasonable as attorneys' fees at #riel and �pon any appeal. Whether or not any
<br />court action is involved, and to the extent not prphibitad by law, all reasonable expenses Lender incurs that in Lender's opinipn are
<br />necessary at any time for the prntection nf its interest or the enforcement of its rights shall become a part af the Indebtedness payable
<br />pn demand and shall b�ar interest at the Note rate from the date of the expendi#urs until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's lagal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including effnrts to modify or
<br />vscete any automatic stay or injunetion►, appeals, and any anticipated post-judgment enllection services, the cost of searching
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