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2� 1 ��74�8
<br /> D�ED �F TRUST
<br /> Loan Na: 167�225 ��ont�nu�d� Page 5
<br /> vf the Prop�rty, or any part thereaf, in its own name ar in the name of Trustee, and do any acts which it
<br /> deems nec�ssary or desirable to preserve the UaluE, marketabi�ity❑r rentability ofi the Property, or part ❑fi
<br /> the Property or inter�st in the Property; increase the in�ome from the Prvpe�ty ❑r protect the 5ecurity vf
<br /> the Property; and, with or without taking possession af the Property, Sue for ar otherwise Goflect the
<br /> rents, issues and pro�its afi the Pr�perty, in�luding those past due and unpaid, and apply the sam�, 1�ss
<br /> casts and expenses vf operation and c��lection attorneys' fees, to any indebtsdness se�ured by this Deed
<br /> o� TruSt, all in such arder as Lender may determine. The entering upan and taking passessivn ❑� the
<br /> Property, �he cal3ection of such rents, issues anc� prvfits, and the app�i�ation thereof shalt nvt cure or
<br /> wai�e any default or notice af default unds� this Deed of T�ust ar in�alidate any act don� in �espons� to
<br /> such default or pursuant to such notice of default; and, notwithstanding ihe continuance in possession of
<br /> the Property ❑r #he �oi�ectivn, re�eipi and appSicatian ❑f ren�s, issues or prvfits, Trustee or �ender shal�
<br /> be entitled to exercrse e�ery righi pro�ided for in the Note or the Re�ated Dv�uments or k�y law upon the
<br /> �ccurrence of any e�ent of default, including the right tv exer�Fse the power of sale;
<br /> �by Commence an action to forec�ose this Deed of Trust as a morFgage, appoint a recei�er ar specifical�y
<br /> enfvrce any❑f the co�enants her�of; and
<br /> tcy fleti�ver�a�rustee a w�itten de��arattion of de�a��t a�d dema�d fo�sa�e and a w�titteri nattice of defautt
<br /> and election t� cause Trustar's int�rest in the Praperty to be svfd, which notice Trust�e shall cause tfl be
<br /> duly filed for reco�d in the ap�ropriate affices ❑f the County in which the P�opefty ts located; and
<br /> �df With respect to a!I ❑r any part o� the PersanaE Property, Lender shail ha�e all the rights and remedies
<br /> of a secured party under the Ne�raska Uni�arrn Commercial Code.
<br /> ForecEasure by Paw�r vf Sale. If Lender elects to �vreclose by exer�ise of the Pvwer of Sale herein contained,
<br /> Lend�r shal! noti�y Trustee and shall deposit with Trustes this Deed of Trust and ih� No�e and such �eceipts
<br /> and e�idence of expenditures made and se�ur�d by this Deed of Trust as Trustee may require.
<br /> �a� �pon �eceipt vt such nvtice frvm Lender,�rustee shal4 cause t� k�e recorded► pubtiis��d and d�livesed
<br /> to Trust�r such Notice of Defauft and Noti�e of Sale as then required by law ar�d by th+s Deed ❑f Trust.
<br /> T�-ust�e shall, withaut d�mand an Trustar, a�ter such time as may then be r�quired by law and a#ter
<br /> reco�c�ation of such �atice o� Defau4t and a�ter �atic� of Sa1� �aving loe�n gi�eri as required by �aw, sel�
<br /> the Ptaperty at the time and place ❑# saEe fixed by it in such fVatice of Sa�e, either as a whole, ar in
<br /> separ�te lots or parcefs ar items as Trustee shail deem expedient, and in such order as it may determine,
<br /> at public auctian to the �ighest��dder fvr cas� in�aw#uS maney ❑f �he Llntited 5ta�es �aayab�e at t�e time
<br /> o� �ale. Trustee shall d��i��r to such purchaser or purchasers Eherevf its gvad and sufficient deed ❑r
<br /> d�eds con��ying th� property sa sold, but wiihout any covenant or warranty, axpress or implied. The
<br /> �ecita4s tin suc� dee�i �f any ma��ers ❑� f2lC�S S�'1SS� bB Cfl�1��US1W2 �3s�fl# fl� ��'1� ��1����l.l�t'1�S5 t�'1�CeQ�. �ny
<br /> person, including without limitatian Trustor, Trustee, or Lender, may purchas�at such sale.
<br /> �b� As may be permitted by �aw, after deducting all costs, #ses and expenses o� Trustee and of this
<br /> Trust, including costs af e�idence Qf titie in connection with sale, Trustee shall apply the pro�eeds ofi saie
<br /> to payment o� �i} all sums expended under the terms of�his De�d of Trust vr under the terms of the Note
<br /> n�t then r�paid, including but nat iimited to accrued int�rest and �ate charges, �ii� all ❑ther sums then
<br /> secured hereby, and �iiiy the remainde�, if any, �o th� persan ar persvns legalty entit�eti thereto.
<br /> {�� Trustae may in th� manner provided by�aw pos�pone sale of a[� o�any portian ot the Property.
<br /> Remedies Nvt Exclusi�e. Trustee and Lender, and each of them, shali be entit�e� to enforc� payment and
<br /> perf�rmance of any in�iehtedness or obligatians se�ured by this Deed of Trust and to exerc�se aEl rights and pvwers
<br /> under this Deed of Ttust, under the Note, under any of the Related Dvcuments, or under any other agreemene ar
<br /> �ny�aws now or hereafter in force, notw�thstanding, some or a1S a� such ind�btedness and ab4sgat�ans s�c�red by
<br /> this Deed of Trust may now o� herea�ter �e otherwise secured, whether by mortgage, deed of trust, pl�dge, fien,
<br /> �ssignment or otherwise. N�ither the acceptance af this D��d af Trust nor its enforcement, whether by court
<br /> a�tian or pursuant to the pawer vf sa�e or other p�wers cvr�tained in this �eed vf Trust, sha�� preSudtic� a� �� any
<br /> manner affect Trustee's or Lender's right t� realize upon or enfor�e any other security now or her�after he�d by
<br /> Trustee or Lender, it b+eing agreed that Trustee and Lender, and each of them, sha�l�e entitled t�enforce th�s D��d
<br /> of �rust an� any other se�urity naw or herea�ter he4d by Lender o� �rustee �n suc� ordes and �anr�er as Ehey or
<br /> e+�her of them may �n their absofute discretian determine. Na remedy conferred upon or reser�ed to T�ustee or
<br /> �ender, is intended to be exclusi�e of any oth�r remedy in ihis ❑eed of Trust or by law prv�ided or permitted, but
<br /> eact� s�a�1 '�e c�muSative an�i shall �e tin add�ttifln �o �very ti�her se�edy gs�en �n thRs ❑e�d �f Trust �r now or
<br /> he�eafter existing at !aw or in equity or by $tatute. ��ery power or remedy gi�en by the Note or any of the Related
<br /> Docum�nts to Trustee or Lender vr to which either of thern may t�e otherwise entitied, rnay be exercised,
<br /> concu��ently as independentlY, frorn ti�-►e�a �ime and as ❑ften as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this �eed of Trust shall be construed as
<br /> prohibiting Lender troni seeking a defEci�ncy judgrnent �gainst th�Yrust�r t� the ex�ent such acti�n is permitted by
<br /> �aw.
<br /> �lection of Remedies. All ❑f Lender's rights and remedies will be cumulati�e and may be exer�ised alane ar
<br /> together. If Lende� decides ta spend money or to perform any vf Trustvr's obligations under ihis Deed of Trust,
<br /> a�ter Trustar`s fai�ure t❑ dv so, that ���isian 1ay �.ender witil not at�ect t�r+der's r4g��to de�Ra�e Trustvr in defau[t
<br /> and t❑ exercise Lender's remedies.
<br /> Request far Notice. Trustor, an beha�f of Trustor and Lender, hereby requ�sts�hat a copy of any Natice af Default
<br /> and a capy of any Nvtice ❑f Sale under this ❑eed ❑#Trust be mailed to them at ihe addresses set forth in the first
<br /> paragraph v#this ❑eed o�T�ust.
<br /> Attorney�' ��es; �xp�nses. I# �end�r snstti��stes as�y suit or ac�ian to en�arce any of the terms �f this Deed of
<br /> Trust, L.ender shall be entitled ta reca�er such sum as the caurt may ad�udge r�asanable as attarneys' fees at triai
<br /> and upon any appeal. Vllh�ther or not any cvurt actian is in�ol�ed, and to the extent no� prohibited by faw, all
<br /> reason��tie expenses �en�er is��u�5 that in Lender`s o�iniar� ar� nscessary at any time for the protection af its
<br /> �nterest ❑r the enforc�ment of its rights shall become a pa�t❑f the Indek�tedness payable vn demand and shall bear
<br /> interest at the Nate rate fram the date vf the expenditure unti! repaid. Expenses co�ered by this paragraph include,
<br /> wtith�ut �s�4�atiar�, �oweve� subject Ca �n� limits under a�plicab�e �aw, Lender's attorneys' fees and Lender's lega�
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses fnr bankruptcy pro�eedings
<br /> {inc�uding effarts to mvdify or vacate any automatic stay ar injunction�, appeals, and any anticip�ted past-judgment
<br /> collection ser�ices, the cost of searGh�ng records, obtaining title reports tincluding foreclasure feportsy, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees #or the Trustee, to the exteni petmEtted by applicable law.
<br /> Trustor also will pay any caurt casts, in additian to all other surns prv�+ded by law.
<br /> Rights a�Trustee. Trustee snal�ha�e a1�af t�e rights and d��ies a� L�nder as set far�h in this section.
<br /> PQWERS AND ❑BLlGATIDNS �F TRUSTEE. The following pro�isions re�ating t❑the powers and obligations vf Trustee
<br /> are�art of this ❑eed of Trust:
<br /> Powers of Trustee. In additian to all pawers�f Trustee arising as a matter of law, Trustee shali ha�e the power to
<br /> take the �ollowing actions with respect ta the Praperiy upan the written request of Lender and Trustvr: �a� �vin in
<br /> preparing and fitiing a map ar �9at a# t�e Real Propert�, �nc�ud�ng the d�d�catinn of str�ets or other Tights io the
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