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Loan No: 101266240
<br />DEED OF TRUST 2 0 13 0 4 7 0 4
<br />(Continued) Page 7
<br />appointed by a court end 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 In the Property; increase the income from the Property or protect the security of
<br />the Property; end, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, leeues and profits of the Property, including those past due and unpaid, and apply the same, leas
<br />costs and expenses of operation end collection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the
<br />Property, the collection of such rents, issues and profits, end 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; end, 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 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 />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 default
<br />and election to (muse Truetor's Interest in the Property to be Bold, which notice Trustee shall cause to be
<br />duly filed 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 ell the rights and remedies
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender electe to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Dead 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 shall cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale se 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 />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 place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or Items es Trustee shell deem expedient, and In such order ea 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 shell deliver to such purchaser or purchasers thereof Its good end sufficient deed or
<br />deeds conveying the property 80 sold, but without any covenant or warranty, express or Implied. The
<br />recitals in such deed of any matters or facts shell be conclusive proof of the truthfulness thereof. Any
<br />parson, including without limitation Truator, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee end of this
<br />Trust, including costs of evidence of title in connection with sole, Trustee shall apply the proceeds of sale
<br />to payment of (I) all sums expanded under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, Including but not )united to accrued interest and late charges, (11) all other sums then
<br />secured hereby, and (111) 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 exalt siva. Trustee and Lender, and each of them, shell be entitled to enforce payment and
<br />performance 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 />any laws now or hereafter In force; notwithstanding, some or ell of such Indebtedness and obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of truet, pledge, Ilen,
<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 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 agreed that Trustee end Lender, end each of them, shall be entitled to enforce this Deed
<br />of Trust and any 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 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 Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shell be In addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing 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 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 either of them may pursue inoonsistent remedies. Nothing In this Deed of Trust shell be construed se
<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 shell not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Truator s
<br />failure to perform, shall not affect Lendsr'a right to declare a default and exercise its remedies.
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