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201209559
<br /> DEED OF TRUST
<br /> Loan No: 10004676 (COtI$inued) Page 5
<br /> Acceleration Upon Default;Additional 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 m�ithout any presentment,demand,protest or notice of any
<br /> kind. Thereafter,Lender may:
<br /> (a) Either in person or by age�t, 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 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 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 io the Property;increase the income from the Proper[y or protect the security of
<br /> the Property; and, wi.h or without taking possession of the Property�sue for or otherwise collect the
<br /> rents, issues and profits of the Property, including those past due and unpaid,and apply the same, less
<br /> costs and expenses of opera�tion and collection attorneys'tees,to any indebtedness secured by this Deed
<br /> of Trust, all i�n such order as Lender may determine. The eniering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application�hereof shall not cure or
<br /> waive any default oi notice of default under this Deed of Trust or invalidate any act done in response tc
<br /> such defauit or pursuant to such notice of de.'ault;and,�otwithstanding the continuance in possession of
<br /> the Property or the coflection, receipt and application of rents, issues or profits,Trustee or Lender shali
<br /> be entitled to exercise every right provided for in the Nate 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 /> (6) 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 wri'tten declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in 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 Properry is located;and
<br /> (d) With respect to all or any part of the Personaf Property,Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreciosure by Power of Sale. Ifi Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and sNall 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 shalt cause to be recorded,published and tlelivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and 6y this 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 by law,sell
<br /> the Property at the time and piace 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 ezpedient,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 time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the progerty so sold, but withoui any covenant or warranty,express or implied. The
<br /> recita{s in such deed of any matters or facts shall be condusive proof of the truthfuiness thereof. Any
<br /> person,inciuding without limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of TrusYee and of this
<br /> Trust,including costs of evidence of tiile 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 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 /> (c7 Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not F�:clusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this�eed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust,under the Note, under any ofi the Relatad Documents,or under any other agreement or
<br /> any laws now or hereafter in�orce;notwithsianding,some or all of such indebtedness and obligations secured by
<br /> tnis Deed of?rust may now or hereafter be otherwise secured,whether by mortgage,deed of trust, pledge, lien,
<br /> assignmenc or otnerwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant ta the oower of sale or other powers containecf in Yhis Deed of Trust, shal!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 Deed
<br /> of Trust and any aiher security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their a6solute discretion determine. No remedy conterred upon or reserved to Trustee or
<br /> Lender,is intended to 6e exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but
<br /> each shall 6e cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereaiter ezisting at law or in equity or 6y statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to TrusYee 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 ei[her 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 exte�t such action is permitted by
<br /> law.
<br /> Etection of Remedies. All of Lender's rights and remedees •�nrill be cumufative and may be exercised alone or
<br /> togetner. !f Lender decides to spend money or te perforrr.any oi Trustor's obligaticns under this Deed of Trust,
<br /> after Trustor`s failure to cio so,that decision by Lender will nox affect Lender's right to dedare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at Yhe 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 af 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 Vial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of iis
<br /> interest or the enforcement of its rights shall become a part ofi the Indebtedness payable on demanci�and shali bear
<br /> interest at the Note rate fsom the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicabie law. Lender's attorneys'�ees 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 vacate any automatic stay or injunetion),appeals,and any anticipated post-judgment
<br /> collection services,the cost of searching records,obtaining title reports�induding foreclosure reports�,surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, m the extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in add�tion to all other sums provided by law.
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