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Loan No: 70124701`� `"" D E Con�t nued) � 0 �� � 8 7 7 G page 7
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<br />deems necessary or desirable to preserve the value, marketability or rentabil�ty of the Property, or part of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, issues and profits of the Property, including those past due and unp�id, and apply the same, less
<br />costs and expenses of operation and collect(on ettorneys' fees, to any indeb edness secured by this Deed
<br />of Trust, all in such order es Lender may determine. The entering upon nd taking possession of the
<br />Property, the collection of such rents, issues and profits, and the epplication thereof shall not cure or
<br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br />such defeult or pursuant to such notice of defeult; and, notwithstanding the ontinuance in possession of
<br />the Property or the collection, receipt and epplicetion of rents, issues or pr�fits, Trustee or Lender shall
<br />be entitled to exercise every right provided for in the Note or the Releted D�cuments or by lew upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as e mortgage, app'oint e receiver or speciHcelly
<br />enforce any qf the covenents hereof; end
<br />(c) Deliver to Trustee a written declaration of default and demand for sale a d a written notice of default
<br />and election to ceuse Trustor's interest in the Property to be aold, which not�ice Trustee shall ceuse to be
<br />duty filed for record in the appropriete offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall ha�e all the rights and remedies
<br />of a secured party under the Nebraske Uniform Commercial Code. '
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herefn contained,
<br />Lendar shall notify Trustee and shall deposit with 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 ay require.
<br />(a) Upon receipt of such notice from Lender, Trustee shell cause to be reco�ded, published and deflvered
<br />to Trustor such Notice of Default and Notice of Sale as then required by layv end by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time es mey then b'e required by law and after
<br />recordation of such Notice of Default and after Notice ot Sele having been roen es required by lew, sell
<br />the Property at the time and place of sale fixed by it in such Notice of S�le, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in su h order es it may determine,
<br />at public euction to the highest bidder for cash in lawful money of the Unite'd States payeble at the time
<br />of sale. Trustee shall deliver to such purcheser or purchesers 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 any matters or facts shall be conclusive proof of tF}e truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchasi at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expdnses 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 oq under the terms of the Note
<br />not then repaid, including but not limited to accrued interest and late char�ea, (ii) sll other sums then
<br />secured hereby, and (i(i) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any pdrtion of the Properry.
<br />Remedies Not Excluslve. Trustee and Lender, and each of them, shall be entitl�d to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to e� ercise all rights and powers
<br />under this Deed ot Trust, under the Note, under any of the Related Documents, or u�der any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtednes end obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgag�, 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 thls Deed of Tr�st, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other secur ty now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be lentitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee fn such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upqn or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by la provided or permitted, but
<br />each shall be cumuletive and shall be in addition to every other remedy given in t is Deed of Trust or now or
<br />hereafter existing et law or in equity or by stetute. Every power or remedy given by t e Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise lentitled, mey 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 �rust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the exten such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of eny othe remedy, and an electfon to
<br />make expenditures or to take action to perform an obligation of Trustor under th(s Dieed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declere a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a opy of any Notice of Default
<br />and a copy of eny Notice of Sale under this Deed of Trust be mailed to them at the a�dresses set forth in the first
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