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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 />