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��15���9�
<br /> DEED DF TRUST
<br /> ���nt�nued� Page 3
<br /> lnsecurity. Lend�r in good faith belie�es itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occu�ren�e of any E�ent ot Default under any indsbtedness. o�
<br /> shou�d Trustor faii tv comply with any of Trustor's ob�igations under this C3sed of Trust, Trustee or Lender may exercise
<br /> any one or more of the following rights and remedies:
<br /> Acceleration Upon Default: Addi#ional Remed�es. If any E�ent of Defau�t❑ccurs as per the terms of th� Note
<br /> secured her�by, Lender may declare all Indebtedness secured by this De�d vf Trus�to be due and payabie and
<br /> the same shall th�reupon became due and payable with�ut any pr�sentment, demand, protest or nvtice of any
<br /> kind. Thereafter, Lender may:
<br /> �a� Either in person or by agent, with or without bringing any activn vr proceeding, or by a recei�er
<br /> appointed hy a court and without regard to the adequacy of �ts security. enter upon and take possession
<br /> vf the Property, or any part thereof, in its ❑wn name or in the name of Trustee, and dv any acts which it
<br /> deems necessary or desirable to preser�e the �aiue, marketability or rentability of the Property, or part of
<br /> the Property ❑r interest in the Prvperty; increase the income from the Property or protect the se�urity of
<br /> the Pr�perty; and, with or w ithout taking possession of �he Proper�y, sue for or otherwise caliect the
<br /> rents, issues and prvfits of the Property. includin� �#hose past due and unpaid, and apply the sams, less
<br /> cos�s and expenses of operatian and cvllection atto�neys' fees, to any indebtedness secured by this ❑eed
<br /> of Trust, all in such vrder as Lender may determine. The entering upon and taking possession �f the
<br /> Property, the cvllection ❑f such rents, issues and profiits, and the applicatian thereaf shaEl not cur� or
<br /> wai�e any defau[t ar notice vf d�fault under this aeed of Trust or in�alidate any act done in respanse t❑
<br /> such defaul�or pursuant to su�h natice of defiauit; and, n�twithstanding the cvntinuance in pvssessian of
<br /> the Prvperty or the coiiection. receipt and application of rents, issues or prvfits, Trustee or Lender shall
<br /> be entitled t❑ exercise e�ery right pro��ded for in the Note ❑r the Retated Documents or by law upon the
<br /> occurrence of any e�ent of default. including the right to ex�rcise the pvwer vf saie;
<br /> thf Commence an activn tv fore�lose this ❑eed of Trust as a martgage, appoint a recei�er vr spe�i�ically
<br /> enfvrce any of the co�enants hereof; and
<br /> �cy Deli�er ta Trustee a written declarativn❑f de#auit and demand for safe and a r►vritten notice of de�ault
<br /> � and election to cause Trustor's interest in the Property to be sold. which notice Trustee sha[� cause�a be
<br /> duly filed for recvrd in the appropria#e offices of the Cvunty in which the Property is ivcated; and
<br /> �df With respect to all or any part of the P�rsonal Proper#y, Lender shal� ha�e al!the r�ghts and remedies
<br /> vf a se�ured party under the Nebraska Unifarm Commercial Code.
<br /> Foreclosure by Rower of Sale. lf Lender elects tv farecivse by exercise�f the Power of Sale herein c�ntain�d,
<br /> Lender shall nvtify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such re�eipts
<br /> and��idence of expenditures made and secured by this fl��d of Trust as Trustee may require.
<br /> taf Upvn receipt of such no�ice frQm Lender, Trustee shal� cause tv be recorded, publ+sh�d and d�ii�ered
<br /> to Trustor such Notice of Default and Not�ce of Sai� as then required by law and by this Deed ❑f Trust.
<br /> Trustee shaCl, without demand on Trustor. after such time as may then be required by �aw and after
<br /> recordation vf such Noti�e of ❑efault and after Notice of Sale ha�ing been gi�en as required by iaw, sell
<br /> the Property at the t�me and place of sale fixed by it in such Notice ofi 5ale, either as a who�e, or in
<br /> separate [ots or parceEs or �tems as Trustee shaif deem expedient, and in such arder as it may determine,
<br /> at pub[ic auction to the highest bidder for cash in �aw#u� money�f the United 5�a�es payable at the time
<br /> of sale. Trustee shail deli�er to such purchaser or purchasers thereof its good and suffici�nt deed or
<br /> deeds cvn�eying th� prvper�y s� sold, but without any cv�enant or warranty. express or implied. The
<br /> recita�s in such deed ofi any matters or facts sha�l be conclusi�e praof of the truthfu�ness therevf. Any
<br /> person, incEuding without i�mitativn Trustor, Trustee, ar Lender, may purchase at such sa�e.
<br /> �by As may b� permitt�d by law. after deducting a!I �osts, fees and expenses �f Trustee and of this
<br /> Trust, including costs vf e�idence of title in conn�ctivn with sale, Trustee shall app�y the proceeds of sale
<br /> to payment af tiy all sums expended under the terms of this Deed of Trust❑r under the terms of the Note
<br /> n�� then r�paEd, including but not limited tv accrued interest and ia't� charges. tii� a�� vther sums then
<br /> secured h�r�by, and �iii� the remaind�r, i�any, to the person or persons legaffy entitl�d thereto.
<br /> �c� Trustee may in the manner pro�ided by law pvstpone sale of ali or any partion af the Property.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each o� them, shal! be entitled to enfvrce payment and
<br /> pe�forman�e❑f any indebtedness ar abligations secured by this ❑eed of Trust and to exercise ali rights and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents. or under any other ag�eement vr
<br /> any laws nvw or hereafter in force; notwithstanding, some or a!� of such indebtedness and obligations secured by
<br /> this Deed o� Trust may now or hereaft�r be otherwise secured, whether by mortgage, deed o'F trust, piedge, lien,
<br /> assignment or otherwise. Neither �he acceptan�e of this Deed of Trust nor its enforcement� whether by cvurt
<br /> ac�ion or pursuant �fl the power vf sa�e or �ther powers contain�d in �his Deed vf Trust, shall prsjudi�e or in any
<br /> manner af�ect Trustee's ❑r Lender's right to realize upan vr enforce any other security now or hereafter heid by
<br /> Trustee or Lender, it being agreed that Trust�� and Lender, and each of them, shall t�e entitled to enforce this De�d
<br /> of Trust and any other security now vr hereafter h�ld by Lender or Trustee in such order and manner as they ar
<br /> either vf them may in their absolute discretion determine. Nv remedy conferred upan or reser��d to Trus#ee or
<br /> Lender, is intended to he exclusi�e of any ather remedy in this ❑eed v�Trust or by !aw pr��ided or permitted, �ut
<br /> ea�h sha�� be cumula#i�e and shall be in addition to e�ery other remedy gi�en in this Deed ❑f Trus# or now or
<br /> hereafter existing at faw or in equity or by statute. E�ery pvwer or remedy gi�en by the Nvte or any of the Re�ated
<br /> Documents to Trustee or Lender or to which �ither of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently, firam time �a time and as often as may be de�med exped�ent by Trustee or Lender,
<br /> and either af th�m may pursue incvnsistent remed�es. N�thing in this Deed vf Trust shaEl b� construed as
<br /> proh�biting Lender�rom s�eking a defic�en�y 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 vthet remedy, and an electi�n tv
<br /> make expenditures vr to take action tv perform an obligatian af Trustor under this �eed of Trust, after Trus�or's
<br /> failure tv per�arm, shall nv#affect Lender's right�o declare a default and exercise its remedies.
<br /> Reques#for Natice. Trustor, on behalf�f Trustor and Lender, hereby requests that a copy of any N��ic�of ❑efault
<br /> and a copy of any Notice of Sale under thEs Deed ❑f Trust be mailed to them at the addresses set fi�r#h in the first
<br /> paragraph of this Deed vf Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any o� the terms of this Deed of
<br /> Trust, Lender shall be entitled to reco�er such sum as the court may adjudge reasvnahle as attorneys' fees at tria�
<br /> and upon any appeal. Whether vr not any court action is in�al�ed, and to the extent not prohibited by law, a�[
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time fvr the protection vf its
<br /> inte�est ar the enforcement of its rights shafl become a part of the lndek�tedness payable on demand and shall bear
<br /> interest at the Note rate frvm the date vf the expenditure until repaid. Expenses�a�ered by this paragraph include,
<br /> without limitation, howe�er subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or nvt there is a lawsu�t, inciuding attarneys' fees and expens�s for bankruptcy procesdings
<br /> �including efforts to modify or�aca#�any automatic stay❑r injunction�, appeals, and any anticipated post-judgmen�
<br /> collection ser�i�es, the cost ��searching recvrds, obtaining tit�e repvrts tincluding f�r�closure �ep�rtsf, sur�eyors'
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