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DEED OF TRUST ,4, Q�.1 o s 5 6 0 <br />Loan No: 10T244295' . (Continued) Page 7 <br />Property, the collection of such rents, issues and profits, and the epplication thereof shall not cure or <br />weive any default or notice of default under this Deed of Trust or invalidete any act done in response to <br />such default or pursuant to such notice of default; end, notwithstanding the continuence in possession of <br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Note or the Releted 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 actton to foreclose this Deed of Trust as e mortgage, appoint a receiver or specifically <br />enforce any of the covenants hereof; end <br />(c) Deliver to Trustee s written declaration of default end demand for sele and a written notice of default <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly filed for �ecord in the appropriate offices of the County in which the Property is loceted; and <br />(d) With respect to ell or any part of the Personal Property, Lender shell have all the rights and remedies <br />of e secured perty under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender electa to foreclose by exercise of the Power of Sale herein contained, <br />Lender shell notify Trustee end shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evidence of axpenditures msde end 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 <br />to Trustor such Notice of Default and Notice of Sale as then required by lew and by this Deed of Trust. <br />Trustee shell, without demand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sele having been given es required by law, sell <br />the Property at the time and place of sale fixed by it in such Notice of Sele, 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 lawfut money of the United Stetes peyeble at the time <br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of eny matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />persan, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As mey be permitted by law, efter deducting all costs, fees snd expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply 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 limited to eccrued interest and late cherges, (ii) ell other sums then <br />secured hereby, and Uii) the remainder, if any, to the person or persons legelly entitled thereto. <br />(c) Trustee mey in the manner provided by lew postpone sele of all or any portion of the Property. <br />Ramedies Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce peyment and <br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />under this Deed of Trust, 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 may now or hereafter be otherwise secured, whether by mortgege, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this 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 />manner affect Trustee's or Lender's right to reallze upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being egreed thet Trustee and Lender, end each of them, shall be entitled to enforce this Deed <br />of Trust and 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. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shetl be in addition to every other remedy given ln this Deed of Trust or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or eny of the Related <br />Documents to Trustee or Lender or to whtch either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed es <br />prohibiting Lender from aeeking e deficiency judgment against the Trustor to the extent such action is permltted by <br />lew. Election by Lender to pursue eny remedy shall not exclude pursuit of eny other remedy, and an election to <br />make expenditures or to teke action to perform en obligation of Trustor under this Deed of Trust, after Trustor's <br />failure to perform, 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 of Defautt <br />and a copy of any Notice of Sale under this Deed of Trust be meiled to them et the addresses set forth in the first <br />paragreph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or ection to enforce any of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial <br />and upon any appeal. Whether or not any court action is involved, and to the eutent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its <br />interest or the enfo�cement of its rights shell become e pert of the Indebtedness payable on demend and shall bear <br />