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201�05720
<br />debtedness secured hereby, all in such order as Beneficiary may
<br />determine. The entering upon and taking possession of the trust
<br />estate, the collection of such rents, issues and profits and
<br />application thereof as aforesaid shall not cure or waive any default
<br />or notice of default hereunder or invalidate any act and in response
<br />to such default or pursuant to such notice of default and, notwith-
<br />standing the continuance in possession of the Property or the
<br />collection, receipt and application of rents, issues or profits, Trus-
<br />tee or Beneficiary may be entitled to exercise every right provided
<br />for in any of the loan instruments or by law upon occurrence of
<br />any event of default, including the right to exercise the power of
<br />sale;
<br />(b) commence on action to foreclose this Deed of Trust
<br />as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof;
<br />(c) deliver to Trustee a written declaration of default
<br />and demand for sale, and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice
<br />Trustee shall cause to be duly filed for record in the official records
<br />of the county in which the Property is located.
<br />13. Foreclosure bv Power of Sale. 5hould Beneficiary elect to foreclose by exercise
<br />of the power of sale herein contained, Beneficiary shall notify Trustee and sha11 deposit with
<br />Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and
<br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall file
<br />for record, in the Register of Deeds office in the County where the Property is located, a notice
<br />of default, setting forth the name of the Trustor, the Book and Page or pocument No. of this
<br />Deed of Trust as recorded in said Register of Deeds office, the legal description of the above-
<br />described real estate and that a breach of an obligation, for which said real estate was conveyed
<br />as security, has occurred, and setting forth the nature of such breach and the Trustee's election to
<br />sell the real estate to satisfy the obligation; and after the lapse of not less than one (1) month, the
<br />Trustee shall give written notice of the time and place of sale which may be between 9:00 a.m.
<br />and 5:00 p.m. at the premises, or at the Courthouse in the County wherein such Property is
<br />located., describing the Property to be sold by its legal description, said notice to be published in
<br />a newspaper of general circulation in the County wherein such Property is located, once a week
<br />for five (5) consecutive weeks, the last publication to be at least ten (10) days, but not more than
<br />thirty (30) days, prior to the sale; and the Trustee shall then sell said Property at the time and
<br />place designated in the notice, in the manner provided by law in effect at the time of filing said
<br />notice, at public auction to the highest bidder for cash and sha11 deliver to such pu.rchaser a deed
<br />to the Property sold, consistent with the law in effect at the time.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's
<br />deed conveying the Property sold. Recitals in the Trustee's deed shall be prima fa.cie evidence of
<br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as
<br />perrnitted by Nebraska law and reasonable attorney fees; (b) to all sums secured by this Deed of
<br />Trust; and (c) any excess to the person or persons legally entitled thereto. Any person, including
<br />Beneficiary, may purchase said Property at said sale.
<br />The person conducting the sale may, for any cause he or she deems expedient, postpone
<br />the sale from time to time until it shall be completed and, in every such case, notice of postpone-
<br />ment shall be given by public declaration thereof by such person at the time and place last
<br />appointed for the sale; provided, if the sale is postponed. for longer than one (1) day beyond the
<br />date designated in the notice of sale, notice thereof shall be given in the same manner as the
<br />original notice of sale.
<br />14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligation secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any loan instrument or
<br />other agreement or any laws nor or hereafter enforced, notwithstanding some or a11 of the
<br />indebtedness and obligations secured hereby which may now or hereafter be otherwise secured,
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