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201200523
<br /> DEED OF TRUST
<br /> Loan IVo: 10007293 (COtltinued) Page 5
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of its securiYy,enter upon and take possession
<br /> o€the Property,or any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> deems necessary ordesirable to.preserve the value,marketability o�rentability of the Property,or part of
<br /> the Property or interest in the Property; increase the income from the Property or protect the securiry of
<br /> the Property; and, witR or witFiout taking possession of the Prope�rty, sue-for or otherwise coliect the
<br /> rents,issues and profits of the Property, including those past due and unpaid,and apply the same,iess
<br /> costs and expenses of operation and collection attorneys'fees,to arry indebtedness secured by this Deed
<br /> of Trust, ail in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of sucfi rents, issues and profits, and the application 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 default or pursuant to such notice of defauh;and,notwithstanding the continuance in possession of
<br /> . , � the Property or the collection,receipt and application of rents,issues or profits,Trustee or Lender shall
<br /> be eMitled 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 che right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specificaliy
<br /> enforce any of the eovenants hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written.notice of default
<br /> and election.to cause Trustor's interest i�the Property 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 Uniform Commercial Code.
<br /> Forecbsure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained�,
<br /> Lender shali 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 be recorded,published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by tBis Deed of Trust.
<br /> Trustee shall, 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 Sale having been given as required 6y law,sell �
<br /> the Property at the ti��.me and place of sale fixed by it in such Notice of Sale, either as a whole,or in
<br /> separete Iots or parcels or items as Trustee shall deem expedient,and in such order as it may determine,
<br /> at pu6lic auction eo the highest bidder€or cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purcFiasers 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 the truthfulness thereof, Any
<br /> person,including without limitation Trustor,TPustee,or Lender,may purchase at such sale. �
<br /> Ib) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,includfng 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 Nnte
<br /> not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br /> secured hereby,and (iii�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 poiYion of tBe 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 obligatio�ns 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 DocumeMS,or under any other agreeme�t or
<br /> any laws now or hereafter in force; notwithstanding,some or afl of such indebtedness and obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether 6y mortgage,deed.of trust,pledge, lien,
<br /> assignment or ofherwise. 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 rigMt to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shap be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter heid by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolu#e discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to be exdusive oi 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 /> hereafier existing at law or in 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 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 irt 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.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exereised alone or
<br /> together. If Lender decides Yo spend money or to perform any of Trusmr's o6ligations u�der this Daed of TrusT,.
<br /> after Trustor`s failure to do so,that decision by Lender will not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> � Request for Notice. Trustor,on behalf of Trustor and Lender,here6y requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed o'F 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 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 attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reaso�nable 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 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 expenditure un#il repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under appiicable law,Lender's attorneys'fees and Lender's legal
<br /> expenses,whether or not there is a lawsuit, induding attorneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment
<br /> collection seevices,the cost of searching records,obtaining title reports(including foreclosure reportsl,surveyors'
<br /> reports, and appraisal fees,title insurance, and fees for the Trustee, to the extent permitted by applica6le law.
<br /> Trustor also will pay any court costs,in addition to all qther sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set rorth 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 addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
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