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241200290
<br />DEED OF TRUST
<br />Loan No: 5863616932 (Contlnued) Page 7
<br />be entiUed 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 power of sale;
<br />(b) Commence an actlon to foreclose this Deed of Trust as a mortgage, appoint a receiver or speciflcally
<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 noUce of default
<br />and election to cause Trustor's interest in the Propetty to be 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; and
<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 Un'rform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herefn cantained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expendftures 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 be recorded, published 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 shall, without demand on Trustor, after such time as may then be requfred by law and after
<br />recordaUon of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time and place of sale flxed 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 aucUon 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 sufflcient 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 the truthfulness thereof. Any
<br />person, including without 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 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 Daed of Trust or undar the terms of the Nota
<br />not then repaid, including but not limfted to eccrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally enUtled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Properly.
<br />Remedles Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />pertormance of any indebtedness or obligatlons 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 agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligatlons secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Ifen,
<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 realize upon or enforce any other security now or hereafter held by
<br />Trustee ar Lender, it being agreed that Trustee and Lender, and each of them, shall be entiUed 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 discre8on determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, ls intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shatl be cumulaUve and shall be in additlon to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at law or fn equity or by statute. 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 othervvise entiUed, may bs exercised,
<br />concuRenUy or independently, from Ume to tlme 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 as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuft of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligaUon of Trustor under this Deed of Trust, after Trustor's
<br />failure to pertorm, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for NoUce. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mafled to them at the addresses set forth in the flrst
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender instltutes any suit or action 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 attomeys' fees at trial
<br />and upon any appeal. Whether or not any court actlon is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rlghts shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure unUl repaid. Ex�nses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attomeys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for banlwptcy proceedings
<br />(including efforts to modiiy or vacete any automatic stay or injunction), appeals, and any anticipated post judgment
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