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. ' , ,j � � .� . <br />Loan No: 101250646 <br />DEED OF TRUST <br />(Continued) <br />�0120210� <br />Page 7 <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 />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contefned, <br />Lender shall notify Trustee end shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evidence of expenditures mede end secured by this Deed of Trust es 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 Defeult and Notice of Sele as then required by lew and by this Deed of Trust. <br />Trustee shell, without demand an Trustor, efter such time as may then be required by taw and efter <br />recordation of such Notice of Default and efter Notice of Sale having been given es required by law, sell <br />the Property at the time and place of sate fixed by it in such Notice of Sale, either as e whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order es it may determine, <br />at public auction to the highest bidder for cesh in lawful money of the United States peyable at the time <br />of sele. Trustee shall deliver to such purcheser or purchasers thereof its good end sufficient deed or <br />deeds conveying the property so sold, but without any covenant or warrenty, 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, mey purchase et 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 ahall apply the proceeds of sele <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 repaid, including but not limited to accrued interest and late charges, Ui) ell other sums then <br />secured hereby, end (iii) the remainder, if any, to the person or persons legelly entitled thereto. <br />ic) Trustee may in the manner provided by 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 end <br />performance of eny 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 eny of the Related Documents, or under any other agreement or <br />any lews 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, whethe� by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptence of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powers contalned (n this Deed of Trust, shall prejudice or in any <br />manner effect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, end each of them, shall be entitled to enforce this Deed <br />of Trust and eny 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 ebsolute discretfon determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by lew 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 />heresfter existing at law or in equity or by stetute. 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 mey be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often es mey 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 pursuit of any other remedy, and en election to <br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's <br />feilure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default <br />and e copy of any Notice of Sele under this Deed of Trust be mailed to them at the eddresses set forth in the first <br />paragraph of this Deed of Trust. <br />Attomeys' Feas; Expenses. If Lender institutes any suit or ection to enforce any of the terms of this Daed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasoneble as attorneys' fees at triel <br />and upon any eppeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness peyable on demand and shall bear <br />interest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragreph include, <br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vecete any autometfc stey or (njunction), appeals, and any enticipated post-judgment <br />collaction services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' <br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appliceble law. <br />Trustor also will pey any court costs, in addition to all other aums provided by law. <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this sect(on. <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 e matter of law, Trustee shall have the power to <br />