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<br />. �; � i . DEED OF TRUST 2 010 0 9 6 S 8
<br />Loan No: 901237296 (Continued) Page 6
<br />due and payable without any presentment, demand, protest or nptice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointad by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and da any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentebility of the Prpperty, or part of the Property or interest in the Property; increase the income from the
<br />Prpperty pr prntect the security of the Property; and, with or without taking possession of the Property, sue for or atharwise
<br />collect the rents, 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 attarneys' fees, to any inde6tedness secured 6y this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection pf such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or nptice af default under this Deed of Trust or
<br />invalidate any act done in response tp such defau�t or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee nr
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right tn exercise Che power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appnint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of detault and demand for sale and a written notice of default and efection to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />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 remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power pf 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 of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required 6y 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 Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, nr in separate lots or parcels or items as Trustee shall deem expedient, and in such order a5 it may
<br />determine, at public 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 #hereof its good and sufticient deed or deeds conveying the property so
<br />sold, but without any covenant ar werranty, express or implied. The recitals in such deed of any mattars or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses pf Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued in#erest
<br />and late charges, (ii) 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 by law postpone sale pf all or any portion of the Property.
<br />Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled ta enforce payment and performance of any
<br />inde6tedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this beed of 1'rust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; nqtwitMstanding,
<br />same or �ti of s�rch Ind�6tedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptancs of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or p#her powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upan pr enforce any other security now or hereafter held by Trustse ar Lender, it
<br />being agreed that Trustee and Lender, and each of them, shatl be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or 7rustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any ather remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition tn every other remedy given in this Deed of 7rust or
<br />now or hereafter axisting at law or in equity or by statute. �very powar or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender frpm seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. �lectinn by Lander to pursue any remedy shall not exclude pursuit of any o#her remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to pertorm, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice ot Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasona6le as attorneys' fees at trial and upon any appeal. Whether or not any
<br />caurt action is involved, and ta the extent not prohibited by law, all reasonable expanses Lender incurs that in Lender's opinion ara
<br />necessary at any time for the protection of its interest or the enfqrcement of its rights shall become a part of the Indebtedness paya6le
<br />on demand and shall bear interest at tha Nate rate from the date of the expenditure until repaid. Expenses covered by this paragraph
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