DEED OF TRUST
<br />Loan No �oa ,243242 ;, • (Continued) �, Q� 10 5 5�� Page 7
<br />secured hereby, Lender may declere all Indebtedness secured by tF�is Deed of Trust to be due end payeble end
<br />the seme shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter, Lender may:
<br />(a) Eitherin person or by agent, with or without bringing any ection or proceeding, or by a receiver
<br />appointed by a court and without regard to the edequacy of its security, enter upon end teke possession
<br />of the Property, or any part thereof, in lts own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or pert ot
<br />the Property or interest in the Property; increase the income from the Property or protect the security ot
<br />the Property; and, with or wlthout taking possession of the Property, sue for or otherwise collect the
<br />rents, issues end profits of the Property, including those past due and unpaid, end epply the same, less
<br />costa and expenses of operation and collectton attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order es Lender may determine. The entering upon and taking possession of the
<br />Property, the collection of such rents, issues and profits, and the application thereof shell not cure or
<br />weive any default or notice of defautt under this Deed of Trust or invelidate any act done In response to
<br />such default or pursuent to such notice of defeult; and, notwithstending the continuance in possession of
<br />the Property or the collection, receipt and applicetion of rents, issues or profits, Trustee or Lender shafl
<br />be entitled to exercise every right provided for fn the Note or the Aelated Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an ection to foreclose this Deed of Trust as e mortgage, eppoint a receiver or specifically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and damand for sale and a written notice of defautt
<br />and etection to cause Trustor's interest in the Property to ba sold, which notice Trustee shall cause to be
<br />duly filed for record in the appropriate offices of the County in which the Property is located; end
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sele. If Lender elects to foreclose by exerctse of the Power of Sele herein contained,
<br />Lender shall notify Trustee and shall deposit wlth Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made and secured by this Deed of Trust as Trustee mey require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall ceuse to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Se(e as the� raquired by lew and by this Deed ot Trust.
<br />Trustee shall, without demand on Trustor, after such time as may then be required by lew end after
<br />recordation of such Notice of Defeutt and after Notice of Sale having been given as required by lew, sell
<br />the Property at the time and plece of sale ftxed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br />of sele. Trustee shall deliver to such purcheser or purchasers thereof ita good and sufflclent deed or
<br />deeds conveying the property so sold, but without eny covenant or warranty, express or implied. The
<br />recitels in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, includtng wtthout limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee end of this
<br />Trust, including costs of evtdence of title in connection with sale, Trustee shall epply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not Hmited to eccrusd interest and late charges, (ii) all other sums then
<br />secured hereby, and iiii) the remainder, if any, to the person or persons legelly entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedles Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce payment end
<br />performance of any indebtedness or obtigations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Truat, under the Note, under any of the Related Documents, or under any other egreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness end obligations secured by
<br />this Deed of Trust mey now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lian,
<br />essignment or otherwise. Nelther the acceptence of thls Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />menner affect Trustee's or Lender's right ta realize upon or enforce eny other security now or hareafter held by
<br />Trustee or Lender, it being agreed thet Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of 7rust end any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. iVo remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in thls Deed of Trust or by law provided or permitted, but
<br />each shell be cumuletive end shall be in addition to every ather remedy given in this Deed of Trust or now or
<br />hereafter existing at lew or in equity or by stetute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as often as mey be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing In this Deed ot Trust shall be construed as
<br />
|