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Loan No: 101254111
<br />DEED OF TRUST 2 Q 12 0 5 3 5�
<br />(Continued)
<br />Page 6
<br />eppointed 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 its own name or in the name of Trustee, and do eny ects 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 Property; increase the income from the Properry or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, issues and profits of the Property, including those pest due and unpaid, end apply the same, less
<br />costs and expenses of operation arld collection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, ali in such order as Ler�der may determine. The entering upon and taking possession of the
<br />Property, tNe collection of such rents, issues and profits, and the epplication 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 defeult 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 entitled to exercise every right provfded for in the Note or the Releted 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 />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of defeult
<br />and election to ceuse Trustor's interest in tNe Property to be sold, which notfce Trustee shall cause to be
<br />duly filad for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to ell or any part of tNe Personal Praperty, Lender shall have all the rights and rem,edies
<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 contained,
<br />Lender shali notify Trustee arld shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made end secured by this Deed of Trust as Trustee mey 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 mey then be required by law end after
<br />recordation of such Notice of Defeult and after Notice of Sale having been given as required by law, sell
<br />the Properry 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 shell deem expedient, and in such order as it may determine,
<br />et public auction to the highest bidder for cesh in lewful money of the United Stetes payable at the time
<br />of sale. Trustee shali deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, expreas 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 limitetion Trustor, Trustee, or Lender, may purchase et such sale.
<br />(b) As may be permitted by law, efter deducting all costs, feea and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connectior� with sale, Trustee shell epply the proceeds of sale
<br />to peyment of (i) all sums expended under the terms of tNis Deed of Trust or under the terfns of the Note
<br />not then repaid, including but not limited to eccrued interest and late charges, (ii) all other sums theh
<br />secured hereby, and (ili) 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 portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, end each of tNem, shall be e�5titled to enforce payment a�1d
<br />performence of any 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 any of the Related Documents, or under any other agreement or
<br />eny laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligetions 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 ecceptance of this Deed of Trust nor its enforcement, whether by court
<br />actiot� 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 or Lender, it being egreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and arly other security now or hereafter held by Lender or Trustee in such order and menner as they or
<br />either of them may in their ebsolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any otNer remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shell be in eddition to every other remedy give�l in this Deed of Trust or rlow or
<br />hereafter existing et law or in equity or by statute. Every power or rernedy 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 exercfsed,
<br />concurrently or independently, from time to time and as often ss may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsiste�t remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment egaihst 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 exercised alone or
<br />together. If Lender decides to sper�d money or to perform any of Trustor's obligations under this Deed of Trust,
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