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i � ' 2� 15�7422 � � � DEED �F�TRUST ` ; Loan Nv: 'I�'I�9a747 ��ontinued} Page 7 ; �cy De�i�er to Trustee a written declaration o#defaul�and demand for sale and a written nat'tce❑�de�ault and electian�v cause Trustar's in�er�st in�he Prvper�y fiv be sold, which notice Trustee shaE[ cause to be j du�y�iled for record �n fihe appropriate offices a�th� Counfiy in which�he Property is Eo�a�ed; and i � �d} With respect to alE ar any part af the Persanal P��perty, Lender shall ha�e all the rights and remedies ; of a secured party under fihe Nebraska lJnifvrm CommerciaE Code. I � Foreclosure by Power o�f Sale. lf Lender ele��s�o foreclvse by exercis� ❑f the Pvwer af 5ale herein contained, ' Lender shall notify Trustee and shafl depvsi� w�fih Trustee this aeed ❑f Trust and the No�e and su�h rece�pts ' and e�idence o��xpenditures made and se�ured by this D�ed ot Trust as Trustee may require. ' {ay Upon receipfi of such nvtice f�-om Lender, Trustee shall cause to be recarded, published and deli�ered t❑ Trusfivr such Notice af De�auRt and Notice of Sale as fihen required by law and by th�s Deed of Trust. � Trustee shall, wi�hout demand an Trusfior, after such time as may fihen be required by law and after recordation v�such Notice n� Defaul� and after Notice ❑f Sale ha�ing been gi�en as required by �aw, sell � #he Property at �he time and plac� o� sale �ixed by it in such Nat�ce ❑f 5ale, ei�her as a whole, vr in i separate Iats or par�els or items as Trustee sha�l deem expedient, and in such orde�-as it may determine, � at pu}�lic auc�ion tn �he highest bidder fa�-cash in lawful m�ney ❑f the United Sta�es payab�� a�the fiime � o� sale. Trus�ee shall deli�er tn such purchaser ❑r purchasers fihere�� i�s good and sufficient deed or � deeds con�ey�ng �he property s❑ sold, bu�t without any c��enant ❑r warranfiy, express ❑r impti�d. The recitals in such deed ❑f any matters or�a�fis shafl be canclusi�e prvvf of�he tru�hfuln�ss �hereaf. Any . pe�son, including without limifiation Trustor,Trustee, ar Lender, may purchase at such sale. � {�} As may �e �ermitted by law, after deduct�ng all costs, fees and expenses ❑f Trustee and of this ' Trust, includEng �osfis ot e�idence vf�itle in conne�tion with sale,Trustee shall apply the praceeds❑f sale : to payment❑� 4i} at�sums expended under the fierms vf�his Deed of Trust ar under�he terms❑�the No�e nat then repaid, including but not limi��d �❑ accrued interest and late charges, �iiy all other sums then secured hereby, and �iii}the remainder, if any,ta�he person or persons Cegally enti�ied the�reto. {c} Trustee may in�he manner pra�ided by law p�s�pone sale af all ar any por�ion o�the Property. Remedies Nv�t Ex�lusive, Trustee and Lender, and each a� them, shall be entitled tv enforce paymen� and performance ❑�f any indebtedness❑r❑bligatians secured hy this Deed vf Trust and to exercise all rights and powers under this ❑eed v�F Trust, under the Note, under any of fihe Rela�ed Documents, or under any o�her agreemenfi or any laws now vr hereaf�er in�arce; notwtthstanding, svme or all ❑�such indebtedness and abligations secured by fihis Deed of Trust may nvw or hereafter be o�herwise secured, whether by mortgage, deed afi firust, pledge; lien, . assignment o� atherwise. Neither the acceptance vf �his Deed �� Trust nar its enfvrcement, whether by cour� activn ❑r pursuant to �he power o�sale o�- o�her powers contained in this Deed �#Trus�, shall prejudice vr in any manner affect Trustee's or Lender's right to reafize upon ar en�orce any �ther se�urity now or hereafter held by Trustee or Lender, ifi being agreed that Trus�ee and Lender, and each of them, shall be entitled�o enforce�his Deed a�F Trus� and any other securi�y now ar hereafter held by Lender or Trustee in such order and manner as �hey or either of them may in �heir absolute discre�ian determine. No remedy can�erred upon ❑r res�r�ed ta Trus�ee ❑r Lender, is in�ended�o be exclusi�e of any ather remedy in�his ❑eed of Trust or by law pra�ided or permi��ed, bufi each shall be cumula�i�e and shall be in addition �o e�ery other remedy gi�en in this Deed v� T�-ust or now ❑r hereaf�ker existing a�!aw❑r in�quity ar 1�y statute. E�ery power❑r remedy gi�en by the Note ❑r any o�the Related Dvcumenfis �o Trustee or Lender or to which either ❑f them may I�e a�herwise enfiitled, may be exercised, �oncurrently or independently, from time ta fi�me and as ❑ften as may be deemed expedien� by Trustee ar Lender, and either of them may pursue �nconsistent remedies. Nathing in this Deed of Trust shall be construed as prohil��ting L�nder from seeking a de-�iciency judgment agains�the Trus�ar to the extent such action is permitted by � law. Elec�ion by Lender�❑ pursue any remedy shal� not exclude pursuifi ❑�F any �ther remedy, and an elec�i�n to make expendi�ures or t❑ take actian to perfvrm an vbligativn o�Trus�or under this Deed ��Trust, after Trust�r's failure to perfiorm,shall nvt affect Lender's right to decf are a default and exercise i�s remedies. Request�or Notice. Trustar, ❑n behai#v�F Trustor and Lender, hereby requests that a �vpy af any Notice of De�ault ' and a �opy o�any No�ice o�5ale under�his aeed vf Trust l�e mailed to them at�tihe addresses set��r#h in the�irst � paragraph❑��his Deed o�Trust. At�orneys' F�es; Expenses. if Lender ins�itutes any sui� or actian to en�o�-ce any ❑f the terms of this ❑eed of Trust, Lender shall be entifiled�o reco�er such sum as the court may adjudge �easvnable as at�vrneys' �ees a��rial and upon any appeal. Whether or not any court actian �s in�ol�ed, and ta �he exfient no� prohibited by law, all � reasonahie expenses Lender in�urs that in Lender's ❑pinion are necessary at any time �far the p�-ote��ion of its ; in�erest�r�he en�orcement❑�f i�s righ�s shall become a part��he indeb�edness payab�e on demand and sha[! bear interest at�he Note ra�e from the date❑t the expenditure un�il repaid. Expenses c��ered hy this paragraph include, withou� �imitation, hawe�er sulaject to any limi�s under applicable law, Lender's attvrneys' fees and Lender's legat expenses, whether or nvt there is a lawsui�, in�luding atfiorneys' �ees and expenses far bankruptcy proceedings {including efforts to modify vr�raca�e any automatic stay nr injun�ti�n}, appeals, and any anticipated pos��udgment �ollectivn ser�ices, the cas� ❑f searching re�ards, vbtaining �i�fe reports �including foreclosure repor�s}, su�-�eyors' , reparts, and app�a�saf fiees, title insu�ance, and fees far the Trus�ee, to the exten� permitted by applicable law. � Trus�vr alsa wiE� pay any court cos�s, in addition to all vther sums pro�ided by law. ; Righ�s o�Trustee. T�-usfiee shall ha�e al[vfi the righ�s and duties o�Lender as set�arth in this section. , I � i �