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DEED OF TRUST
<br />Loan No: 1109��73 (Continued) 2 p 12 U 4 914 Page 5
<br />the instrument securing such Indebtedness and is not cured during any applicable grace period in such instrument,
<br />or any suit or other actlon is commenced to foreGose any existing lien on the Property.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any tlme thereafter,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />AcceleraUon Upon Default; AddiUonal Remedies. If any Event of Default occurs as per the terms of the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receNer
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession
<br />of the Property, or any part thereof, in (ts own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br />the Property or interest in the Properly; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise c�llect the
<br />rents, issues and proflts of the Property, inctuding those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection attomeys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may determine. The entering upon and taking possessfon of the
<br />Property, the collectlon of such rents, issues and proftts, 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 default; 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 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 action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforc� 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 Property to be sold, which noUce Trustee shall cause to be
<br />duly flled 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 parly under the Nebraska Unifonn Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposft with Trustee this Deed of Trust and the Note and such rec�ipts
<br />and evidence of expenditures made and secured by thfs Deed of Trust as Trustee may requlre.
<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 required by law and after
<br />recordaUon of such Notice of Default and after Notice of Sale having been given as required by law, seli
<br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem e�cpedient, 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 tlme
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient d�d or
<br />d�ds conveying the properly so sold, but without any covenant or warranty, express or 1mpUed. The
<br />recitals in such d�d 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 deduding all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall appty 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 repaid, Including but not Umited to accrued interest and late charges, (iij all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legaliy entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedles Not F�cclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />performance 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 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 sate 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 or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this D�d
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />e(ther of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this D�d of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy gNen in this Deed of Trust or now or
<br />hereafter existlng 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 othervvise entitled, may be exercised,
<br />concurrently or independently, from Ume to Ume 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 shatl be construed as
<br />prohibiUng Lender from seeking a deflciency judgment against the Trustor to the extent such acUon is permitted by
<br />law.
<br />Electlon of Remedtes. All of Lenders rights and remedies wlll be cumulative and may be exercised alone or
<br />together. If Lender deades to spend money or to pertorm any of TrustoPs obligaUons under this Deed 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 LendePs remedies.
<br />Request for NoUce. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of DefauR
<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 flrst
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender instltutes any suit or actlon to enforce any of the terms of this Deed of
<br />Trust, Lender shall be enUUed to recover such sum as the court may adjudge reasonabte as attomeys' fees at trial
<br />and upon any appeal. Whether or not any court acUon 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 protectlon of its
<br />interest or the enforcement of its rights shall be�rome a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expendfture until repaid. Expenses covered by this paragraph include,
<br />without Iimitatlon, however subjed 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 bankruptcy proceedings
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