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�0��o4�s� - <br />DEED OF TRUST <br />Loan No: 101242087 {Continued) Page 6 <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or eny part thereof, in its <br />own neme or in the name ot Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those pest due and unpeid, and apply the same, less costs end <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the applicetion thereof shall not cure or waive any default or notice ot 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, notwi#hstanding the <br />continuance in possession of the Property or .the collsction, receipt and application of rents, issues or profits, Trustea or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by lew upon the <br />occurrence of any event of detault, including the right ta exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specltically enforce eny of the <br />covenants hereof; and <br />(c) Defiver to Trustee a written declaration of default and demand for safe and a written notice of detault and election 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 ot 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 Nebreska Unitorm Commercial Code. <br />Forec(osure by Power of 5ale. If Lender elects to foreclose by exercise of the Power ot Sale herein contained, Lender shall notify <br />Trustee and shal( deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made end <br />secured by this Deed of Trust es Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause Yo be recorded, published and detivered ta Trustor such <br />_ Notice of Detault and Notice of Sale as then required by law and by this Deed ot Trust. Trustee shall, without demend on <br />Trustor, after such time as may then be required by law and after recordation of such Notice ot Default and after Notice of <br />Sale having been given es 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, or in separate lots or parcels or items as Trustee shall deem expedient, and in such arder as it may <br />determine, at public auction to the highest bidder for cesh in lawfuf 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 conveying the property so <br />sold, bui withou# any covenant or warranty, express or implied. The recitals in such deed of eny matters or facts shell be <br />conclusive proof of the truthfulness thereof. Any person, inc(uding without limitetion Trustor, Trustee, or Lender, may <br />— purchase at such sele. <br />(b) As may be permitted by law, after deducting ell costs, fees and expenses of 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 ot this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest <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 of all or any portion of the Proparty. <br />Remedies Not Exclusive, Trustee and Lender, and each of them, shall be entitled to enforce payment end performance ot any <br />indebtedness or obligations secured by tF�is Deed 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 ar hereafter in force; notwithstanding, <br />some or all of such indebtedness end obligations seaured by this Deed af Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwisa. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by caurt action or pursuant to the power of sale or other powers contained in this deed of Trust, shall prejudice or in any <br />manner affect Trustee's or LendePs right io realize upon,,or enforce any other security now or. hereafter held by Trustee 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 />hereafter held by Lender or Trustee in such order and manner as they or either of thetn may in their absoluta discretion determirle. No <br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of eny other remedy in this Deed of Trust or by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or <br />now or hereafter existing at law or in equity or by statute. Every power 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 prahibiting Lender trom seeking a deficiency judgment against the Trustar to the <br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and <br />an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after 7rustor's failure <br />to pertorm, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. T'rustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and e copy ot any <br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in Yhe first paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any ot the terms of this Deed of Trust, Lender shati be <br />entitled to recover such sum as the court may adjudge reasonab(e as attorneys' fees at trial and upon any appeal. Whether or not eny <br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitstion, however subject to any limits under applicable law, Lender's attomeys' fees and Lander's legal expenses, <br />whether or not there is a lawsuit, including attorneys' tees and expenses for bankruptcy proceedings (including efforts to modify or <br />vacate any auYOmatic stay or injunction), appeals, and any anticipated post-judgment collsction services, the cost of searching <br />