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2� 1 ��451 �
<br /> vEE� oF TRusT
<br /> Loan No: 5�9'1�9 tContinued� Page 5 '
<br /> rents, �ssues and pro�its of the Ptoperty, including those past due and unpaid, and apply the same, �ess �
<br /> costs and expenses of operation and collection attorn�ys' fees, to any indebtedness secured by this Deed :
<br /> of Trust, al� in such order as Lender may determine. The entering upon and taking pnssessian of the
<br /> Property, the collection of such rents, issues and p�ofits, and the appEication thereof shali not cure vr
<br /> wai�e any default or notice of default under this ❑eed af Trust or in�alidate any act done in respvnse to .
<br /> such detault ar pursuant to such nviice of default; and, notwithstanding the continuance in possession of ,
<br /> the Property or th� col�ectivn. receipt and application ❑f rents, issues ar profits, Trustee ar Lender shaii .
<br /> be entitled to exercise e�ery righi prv�ided for in the Note or the Related Docurnents or by �aw upon the
<br /> occurrence❑f any e�ent of defautt, including the right to exercise the power of saEe;
<br /> �b� Commence an action to forec�vse this Deed of Trust as a mortgage� appoint a rece��er or spec+�Eca�ly
<br /> enforce any of the co�enants hereof; and
<br /> �cy Defi�er to Trustee a written declarat+vn of defaufi and demand for sa�e and a written notice ❑f default
<br /> and election to cause Trustvr's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly fiied �or record in the appropriate offices of the�ounty in which the Property is Iocated; and
<br /> �df Vllith respect to all or any part o€the Persvnal Property, Lender shall ha�e all the rights and �emedies
<br /> ot a secured party under the Nebraska Unifvrm Commercial Cvde.
<br /> Foreclosure by Power of 5a�e. !f Lender elects �v foreciose by exercise ❑f the Power of Sale herein contained�
<br /> Lender shall notify Trustee and shall depvsit with Trustee this Deed o� Trust and the Note and such receipts
<br /> and e�idence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> taj lJpvn receipt of such notice fram Lender, Trustee shall cause to be recorded, published and delivered
<br /> to T�ustor such Notice vf Default and Notice of 5aie as then required by law and by ihis 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 ❑efault and after Notice of Sale ha�ing been gi�en as required by�aw, sell
<br /> the Property at the tirne and place o� sate fixed by it in such Notice vf Sale, e�ther as a who�e, or in
<br /> separate iots or parcels or items as Trustee shall deem expedient, and �n such order as it may determine,
<br /> at public auctian to the highest bidder for cash in lawfu� money of the United States payable at the rime
<br /> ❑t sale. TrusEee shall deli�er to such purchaser or purchasers thereof �ts good and suffic�ent deed or
<br /> deeds con�eying the property so sold, but without any covenant or warranty, express or +mplied. The
<br /> recitals �n such deed vf any matters or �acts shall be cvnclusi�e proof of the truthfulness thereof. Any
<br /> person, �ncluding without�imitation Trustor,Trustee, or Lender, may purchase at such sa�e.
<br /> �b� As may be permitted by law, after deducting�al! �osts, fees and expenses of Trustee and of this
<br /> Trust, including costs o#e►►idence o�tit�e in connection with sale, Trustee shall app�y the proceeds of sale
<br />� to payment of �iy all sums expended under the terms❑f this Deed v#Trust or under the terms af the Note
<br /> not then repaid, in�luding but not limited �o accrued interest and iate �harges, tii} all other sums then
<br />� secured hereby, and tiii} the remainder. if any, to the person o�persons legally entitled theretv.
<br /> tcf Trustee may in the manner pro�ided by iaw pvstpone sale of all or any portion of the Property.
<br /> Rem�dtes Not Exclusive. Trustee and Lender, and each �f them, shall he entitled to �nforce payment and
<br /> performance o�any indehtedness ar obiigatians secured by this Deed of Trust and tv exercise a�l rights and powers
<br /> under this ❑eed of Trust, under the Note, under any o� the Related ❑ocuments, ar under any other agreement or
<br /> any laws now or hereafter in �orce; notwithstanding. same ❑r a�l of such indebtedness and obligativns secured by
<br /> this Deed of Trust may now or herea�ter be otherwise secured, whether by mvrtgage, deed of trust, pledge� 1ien,
<br /> assignment �r otherwise. Neither the acceptance vf this Deed of Trust nor its entvrcement, whether by court
<br /> action or pursuant to the power of sale or other powers contained in ihis Deed of Trust, sha11 prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any ather security now or hereafter held by
<br /> Trustee vr Lender, it being agreed that Trustee and Lender, and each of them, sha�l be entitled to enforce this Deed
<br /> af Trust and any vther security nvw vr hereafte� heid by Lender ar Tfustee in such order and manner as they or
<br /> either vf them may in their absolute discretion determin�. No remedy conferred upon or reser�ed to Trustee or
<br /> Lender, is intended to be exciusive of any other remedy in this ❑eed of T�ust or by !aw pro�ided or permitted, but
<br /> each shall b� cumulati�e and sha�i be in addition to e�ery ❑ther remedy gi�en in this Deed of Trust or now or
<br /> hereafter exisiing at law vr in equity❑r by statute. E�ery power or remedy given by the Note or any of the Related
<br /> Documents to Trustee vr Lender or tv which e�ther of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently, fr�m time to time and as �ften as may be deemed expedient by Trustee ❑r Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this ❑eed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor t❑the extent such action is perm�tted hy
<br /> law.
<br /> Election of Remsdies. All of Lender's rights and remedies will be cumulati�e and may be exercised alone or
<br /> together. If Lender decides to spend mvney or t❑ perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's faiiure to do so, ihat decisinn by Lender wi11 not affect Lender's right ta declare Trustor tn defau�t
<br /> and Eo exercise Lendar's remedies.
<br /> Request for Notice. Trustor, on behalf vf Trustar and Lender, hereby requests that a copy o#any Noti�e of Default
<br /> and a copy of any Notice of 5a�e under this Deed of Trust be mai�ed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees: Expenses. I# Lender institutes any suit o� action to enfflrce any nf the terms of this Deed of
<br /> Trust, Lender shall be entitled to reco�er such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action +s in�o��ed, and to the exten� not prohibited by �aw, all
<br /> reasonabls expenses Lender incurs that in Lender's opinion are necessary at any t+me for the protection of its
<br /> interest vr the en�orcement of its rights shall bec�me a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the datg of the expenditure until repaid. Expenses co�eced by this paragraph inc�ude.
<br /> withnut limitativn, howe�er subject to any limi�s und�r appticable Eaw, Lender's attorneys' fees and Lender's �egal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> {including e�fivrts to modify or�acate any automatic stay or injunction�� appeals, and any anticipated past-judgment
<br /> collection ser�ices. the cast of searching records, obtaining title reports �inciuding foreclosure reports}, sur�eyors'
<br /> reports. and appraisal fees, title insurance, and fees for the Trustee. t❑ the extent permitted by applicable law.
<br /> Trustor also wi�!pay any court costs, in additivn to a!s other sums pro�ided by�aw.
<br /> Rights vf Trustee. Trustee shal! ha�e afl a#the rights and duties af Lender as set forth in this sectian.
<br /> P�VIIERS AND DBLIGATI�NS QF TRUSTEE. The follawing pra�isions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powars o�Trustee. �n addition to all powers❑f Trustee arising as a matier of law, Trustee shall ha�e the paw�r to
<br /> take the �oilowing actions with respect to the Property upon the written request of Lender and Trust�r: taf jain in
<br /> preparing and filing a map or plat of the Real Property, including the dedicativn of streets ❑r other rights to the
<br /> public; tb� jain in granting eny easement ❑r creating any restriction on the Rea! P�operty; and tcf join in any
<br /> subordinatian or nther agreement a�fecting this Deed�f Trus#or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shal! rneet all qualifications required #or Trusiee under applica�le law. In addition tn the righis
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