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05-13-1998 DEED OF TRUST Page 4
<br /> Loan No 760090 QR�1����69 (Continued)
<br /> RIGHTS AND REMEDI�S ON DEFAULT. Upon the occurrence of any Event of Default end at any time thereafter,Trustee or Lender,at its optlon,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
<br /> ' Acceleration upon Defeult; Addltional Remedies. If any event of default occu�s as per the terms of the Note secured hereby,Lender may
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either In person or by agent, with or without bringing any action or proceeding, or by a receiver appofnted by a cou�t and without
<br /> regard to the adequacy oi its security,enter upon and take possession of the Property,or any pa�t thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Property,or pa�t
<br /> of the Property or interest in the Property;Increase the income from the Property or protect the security of the Property;and,with or without
<br /> taking possessfon of the Property,sue for or otherwise coilect the rents,issues and proflts of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the collection
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of defautt under this Deed of Trust
<br /> or invatidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in
<br /> possession of the Property or the collection, receipt and applicaHon of rents, issues or profits, Trustee or Lender shall be entitled to
<br /> exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default,including the
<br /> 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 speciflcally enforce any of the covenants
<br /> hereof;and
<br /> (c) Delive�to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's
<br /> interest in the Property to be sold, which notice Trustee shall cause to be duly 81ed for record in the appropriate oHices of the County in
<br /> which the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property, Lender shalt have all the rights and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contafned,Lender shall notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of
<br /> Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall,without demand on Trustor,after such time as may
<br /> then be required by law and after recordation of such Notice of Default and after Nodce of Sale having been given as requfred by law,sell
<br /> the Property at the Hme and place of sale flxed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br /> Trustee shall deem expedient,and in such order as it may determine, at pub8c auction to the highest bidder for cash in lawful money of
<br /> the United States payable at the Hme of sale. Trustee shail deliver to such purchaser or purchasers thereof its good and suffcient deed or
<br /> deeds conveying the property so sold,but without any covenant or wananty,express or implied. The recitals in such deed of any metters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, including without Iimitation Trustor, Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting all costs,fees and expenses of Trustee and of this Trust,including costs of evidence of
<br /> title in connection with sale,Trustee shall apply the prxeeds of sale to payment of (i)all sums expended under the terms of this Deed of
<br /> Trust or under the terms of the Note not then repaid,including but not limited to accrued interest and Iate 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 Iaw postpone sale of all or any portion of the Property.
<br /> Remedles Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the
<br /> Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness
<br /> and obligations secured by 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 action or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or
<br /> enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Truslee and Lender, and each of them, shall be
<br /> entltled to enforce this Deed of Trust and any other security now or hereatter held by Lender or Trustee in such order and manner as they or
<br /> either of them may fn their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br /> exclusive of eny other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulaiive and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br /> Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entiiled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibfting Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such action is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Attomeys'Fees;Expenses. If Lender insHtutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at Mal and on any appeal. Whether or not any courf action is
<br /> involved,all reasonable expenses incuned by Lender which in Lender's opinion are necessary at any t(me for the protection of its interest or the
<br /> enforcement of its rights shali become a part of the Indebtedness payable on demand and shall bear interest 8t the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits under applicable law,
<br /> Lender's attorneys fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforfs to modify or
<br /> vacate any sutomatic stay or injunction), appeals and any anticipated post—Judgment collection services, the cost of searching records,
<br /> obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in additlon to all other sums provided by law.
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