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201109871
<br /> DEED OF TRUST
<br /> Loan No: 10000956 (COntlnued} Page 5
<br /> . rents,issues and profits of the Property, including those past due and unpaid,and apply the same,less
<br /> costs and expenses of operaYion and collection attorneys'fees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and Yaking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive ariy default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of
<br /> the Proper[y or the collection,receipt and application of rents,issues or profits,Trustee or Lender shall
<br /> � he entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of default,including the right to exercise the powee of sale;
<br /> (b1 Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and elecfion to cause Teustor's interest in the Proper[y to be sold,which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices of the Couniy in which the Property is located;and
<br /> . (d) With respecY to all or any part of Yhe Personal Property, Lender shall have alf the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lendei 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 may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to he recorded,pu6lished and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shal@, without demand on Trustor, aRer such time as may then be required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having 6een given as requi�ed by law,sell
<br /> the Property at the iime and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate Iots 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 sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds arnveying 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 the truthfulness thereof. Any
<br /> person,induding without limitation Trustor,Trus#ee,or Lender,may purchase at such sale..
<br /> (b) As may be permitted by law, after deducting all costs,fees and.expenses of Trustee and of this �
<br /> � Trust,including costs of evidence of title in conrtection 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�epaid,including but not limited to acerued interest and late charges, (ii)all other sums then
<br /> secured hereby,and (iii)the remaioder,if any,to the person or persons legally entitled thereto.
<br /> Ic) Trustee may in the manner provided 6y law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment 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 Docum.ents,or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding,some or all of such indebtedness and obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,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 TrusL shall prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other securiYy now or hereafter held 6y
<br /> Trustee or Lender,it being agreed that Trustee and�Lender,and each of them,shall be�entitled to enforce(his 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 exGusive of any other remedy in this Deed of Trust or by law provided or permitted,but
<br /> each shall be cumulative and shall be in addition to every other remedy given in thiS Deed of Trust or now or
<br /> hereafter existing at law or in equity or 6y statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which eifher 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 6e construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative a�d may be exercised alone or
<br /> together. If Lender decides to spend money or to perform zny of Trustor's obligations undeY this Deed of Trust.,
<br /> after TrusTOr's failure to do so,that decision 6y Lender will not affect Lender's right to dedare Trustor in default
<br /> � and to exercise Lender's remedies. �
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy ofi any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys` Fees; Expenses. If Lender institutes any suit¢r action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall 6e 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 extent not prohibiYed by law, all
<br /> reasonable expenses Lender incurs that in Lender's�opinion are necessary at any time for the proteciion of�its
<br /> interest or the enforcemeni of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the e�enditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however su6ject to any limits under applicable law,Lender's attorneys`fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, induding aftorneys'fees and expenses for bankruptcy proceedings
<br /> (includi�g efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment
<br /> colleciion services,the cost of searching records,obtaining title reports(including foredosure reports),surveyors`
<br /> reports, and appraisal fees, tiUe insurance, and fees fior the Trustee,to the e�ctent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addiYion to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Properry upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b)join in granTing any easement�or creating any restricYion on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shali meet all qualifications required for Trustee�under applicable�law. In addition to the rigNts
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