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2� 1 ��2778
<br /> �3EED �F TRUST
<br /> ���nt�nued� Page 6
<br /> {a� Ei�her in pers�n or by a�ent, w�th ar wifihaut bringing any action or proce�ding, or by a �ec�i�er
<br /> appoin�ed �y a court and w�thvut regard to the adequacy a�its se�urity, en�er upon and take possession
<br /> of the Property, vr any part�he�ea�, in its own name or in�he name ofi Trustee, and do any acts which it
<br /> de�ms necessary or desira�l�to preser�e the �alue, marketability ar rentabili�y of the Pr�perty, or par�of
<br /> the Property or interest in the Property; increase the incame �rom the Proper�y or protect the security ❑f
<br /> the Property; and, w�th �r without taking possession af the Property, sue �or or otherwis� co�lect the
<br /> rents, issues and pro�its af fihe Property, in�luding those past due and unpaid, and appfy the same, less
<br /> costs and expenses af aperation and collection attorneys' fees, t❑any indeb�edness secured by this Deed
<br /> of Trust, a�l in such vrder as Lender may determine. The en�ering upon and taking possession of the
<br /> Praperty, �he co��ectian o� such rents, issues and profits, and the applicatian thereof shall not cure or
<br /> wai�e any de�ault or notice ❑f default under this Deed vf Trust or �n�alida�e any act done in response to
<br /> such default or pursuant to such notice o�f default; and, no�withs�anding�he con�inuance in possession a�
<br /> the Praperty or the coll�ction, receipt and appli�ation of �ents, issues or profits, Trustee ar Lender shall
<br /> be entitled to exer�ise e��ry righ�t pra�ided for in the Note or the Related Do�uments or �y law upon �he
<br /> occurrence of any e�ent o�de�au�t, �ncluding the right to exercise the pawer af sale;
<br /> 4b� C�mm�nc� an action ta foreclose�his Deed af T�ust as a mortgage, appoint a recei�er or specifical�y
<br /> enforce any�f th� co�enants herev�; and
<br /> 4c� Deli�er to Truste� a wr€tt�n d�claration o�de�ault and demand�or safe and a written notice af de�ault
<br /> and elec�ion to cause Trustor's interest in�he Prop�rty to be sold, which notice Trus�ee shall cause to be
<br /> duly filed for record in the apprapriate of�ices o�the County �n wh�ch the Praperty is loca�ed; and
<br /> {dy INi�h respect to afl or any part a#the Personai Property, Lender sha�� ha�e all the righ�s and remedies
<br /> of a secured party under the Nebraska lJni�orm Commercia� Code.
<br /> Far�closure by Pvwer o�Sale. If Lender elects to fareclos� by exercise of the Powe�o�5ale herein cvn�ained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such rec�ipts
<br /> and e�idence ofi expenditures made and secured by this Deed of Trust as Trustee may r�quire.
<br /> �a� Upon receipt of such no�ice�rom Lender, Trus�ee shall cause to l�e recorded, published and deli�ered
<br /> to Trustor such Notice of Defaul� and Nv�ice of Sale as �hen required by law and by this ❑eed of Trus�.
<br /> Truste� shall, without demand on Trus�or, after such time as may then �� r��uir�d by law and af�er
<br /> recordation o�such Notice of ❑efault and after Notice ❑f Sale having been gi�en as required by law, sell
<br /> th� Praperty at the time and place of sale �ixed by �� in such No�ice of 5a1�, eith�r as a whole, or in
<br /> separate lots or pa�cels ar items as Trustee shall deem expedient, and in such order as it may d�termine,
<br /> a� public auct�on to �he highest bidder for �ash in fawful money af the llni�ed Sta�es payab[e at�he time
<br /> of safe. Trustee shall del��er to such purchaser or purchasers thereof its good and suf�icient deed or
<br /> deeds con�eying the prope�ty so sold, but without any co�enant ar warranty, express ❑r impfied. The
<br /> reci�als in such deed vf any matters or facts shall be conclusi�e proaf o� the truthfuln�ss thereof. Any
<br /> persan, including with�ut limitatian Trustor, Trustee, a� Lender, may purchase at such sale.
<br /> �b} As may be permi��ed by �arrv, after deducting all costs, fees and expenses o# Trustee and of this
<br /> Trust, including casts of e�idence af title in�onnec�ion wi�h sale, Trustee shail appfy the proce�ds af sale
<br /> to payment o� �i} all sums expended under the�erms❑f�his Deed of Trus�or under the terms o�the Note
<br /> no� then repaid, inc�ud�ng but not I�mited to accrued interest and late �harges, 4ii� all flther sums then
<br /> secur�d her�by, and �i�i} th� rema�nder, i�any, to the person or persons legally en�itled#heret�.
<br /> �c� Trustee may in th� mann�r pro�ided by [aw postpone sa�e of a��ar any portion of�he Praperty.
<br /> Remedies Nvt Exclusi�e. Trus�ee and Lender, and ea�h �f them, shalf be entit�ed to �n-�orce paym�nt and
<br /> performanc�❑f any indebtedness or obligati�ns secured by this Deed of Trust and to exerc�se ail rights and powers
<br /> under this ❑eed of Trust, under the Nv�e, under any of the Relat�d Documents, or under any other a�reement or
<br /> any laws nouv ar hereafter in �orce; no�wi�hstanding, some or all of su�h indeb�edness and Qb[igat��ns s�cured by
<br /> this Deed �f Trust may now or hereafter be otherwise s�cured, whether by mar�gage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Ne�ther th� acc�ptance af this ❑eed of Trust nor its enforcement, whether by court
<br /> act�on ar pursuant�o th� power o�F saie or other pvwers Conta�ned '€n this Deed of Trust, shall prejudice or in any
<br /> manner a��ect Trustee`s or Lender's right to reafi�e upan or en�orce any other security now or hereaf�er held by
<br /> Trustee or Lende�, it being agreed�hat Trustee and Lender, and ea�h�f them, shall be entit�ed to enfarce this Deed
<br /> �f Trust and any other security now or hereafter held by Lender ❑r Trus�ee in such order and manner as they or
<br /> either of them may in the�r ahsa�ute discretion determine. No remedy conferred upon or reser�ed to Trustee ❑r
<br /> Lender, �s intended �o be exc�usi�e �� any �ther r�medy in this Deed of Trust ar by �aw pro�ided ❑r pe�mitted, bu�
<br /> each shall be cumulati�e and sha�� be �n additifln to e�ery other remedy gi�en in this Deed af Trust or now or
<br /> hereafter existing a�law�r in e�uity�r by statute. E�ery power�r remedy gi�en by the Nvte or any❑f the Reiated
<br /> Documents to Trus�ee or Lender or t� which either o� them may b� oth�rwise entitled, may be exercised,
<br /> �oncurrent�y or independen�ly, �rom time to time and as often as may be deemed expedient by Trus�ee or Lend�r,
<br /> and either o� them may pursue inconsisten� remedies. Na�hing in �his Deed of Trust sha�l �e construsd as
<br /> prohibiting Lender from seeking a defi�iency judgment against the Trus�or fio the exten�su�h activn is permitted by
<br /> law. Election by Lender to pursue any remedy shal� not exclude pursuit of any ather remedy, and an election to
<br /> make expenditures or to take act€on to per�orm an ob�igation af Trustor under this Deed of Trus�, after Trustor's
<br /> fa��ure tfl perform, shall not affect Lender's right to decEare a d��ault and exercise its remedies.
<br /> Reques#for Natice. Trustor, on behalf❑f Trus�ar and Lender, hereby requests that a c�py o�any Nfltice of ❑efault
<br /> and a capy of any Notice of Sale under�his Deed ❑f Trus� be mailed to�hem a��he addresses set�o�th in the firs�
<br /> paragraph of this Deed ��Trust.
<br /> Attorneys' Fees; Expenses. If Lender institut�s any suit ar action to en�orce any o� the terms af this Deed o�
<br /> Trust, Lender shall be enti�led �v re�o�er such sum as the c�urt may adjudge reasanab�� as afitarneys' fees at trial
<br /> and upon any appeal. VIlhether ar not any �our� ac�ion is in�ol�ed, and to the extent not p�ohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the pr�te�tion of its
<br /> interes�or the enforcement a�its r�ghts shall becvme a part of the Indebtedness payable vn demand and shall bear
<br /> interest at�he Note rate�r�m the date o�the expenditu�e until repaid. Expenses co�ered by�his paragraph in�lude,
<br /> without limitation, howe�er subj��t to any I�mits under app�icab�e law, Lender`s attorneys` �ees and Lend�r's legal
<br /> expens�s, whether or no� �here is a lawsuit, including att�rneys' fees and expens�s far hankruptcy prviceedings
<br /> �including e��arfis fia modify ar�acate any automatic stay or injunction), appeals, and any anticipated pas�-judgment
<br /> collection ser�ices, the cast of s�arching records, vb�aining �i�le repor�s �including foreclosure reports�, sur�eyors'
<br /> reports, and appra�sal fees, title insurance, and �ees �or the Trustee, tv the ex�ent p�rmitted by applicable faw.
<br /> Trustor alsa wif� pay any �ourt costs, in addi�ion to all other sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e a!I of the rights and duties of Lend�r as set forth in this section.
<br /> P�WERS AN❑ DBLIGATI�NS �F TRUSTEE. Th� fvllowing pro�isions rela�ing �o�he powers and obligatians of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers a�Trustee. In addition to a�� powers v�Trustee arising as a matter of faw, Trus�ee shall ha�e the power to
<br /> �ake the following a��ions with respect ta the P�operty upon th� written request of Lender and Trustor: �a� join in
<br /> preparing and filing a map ar ptat o� the Reai Property, �n��ud�ng the dedication o� stree�s ❑r o�her rights to the
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