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2� 17�2�9� DEED �F TRUST Loan No: ��'I 3D383� ��ntinued} Page 7 {by �ommence an acti�n to foreclvs� this Deed o�Trust as a mortgage, appvint a recei�er or specifically enforce any of the ca�enants here�f; and �c) Deli�er to Tru�tee a written declaration of default and demand for sa�e and a written notice of defauft and electivn t� cause Trustor's interest in the Prvperty to he svld, whi�h notice Trust�e shall �ause tv be duly filed fvr reco�d in the apprapriate affices of the County in which the Property is located; and �d} With resp�ct ta all vr any part ❑f the Personal Property, Lender shal� ha�e all the righ�s and remedies af a secured party under the Nebraska LJniform Commer�ial �ode. Fvr�clvsure by Power of Sale. If Lender ele�ts to fareclvse by exercise of the Pvwer at Sale herein c�ntained, Lender shafl notify Trustee and shall d�posit with Trustee this Deed of Trust and the Note and such receipts and e�idence o�expenditures made and secursd by this Deed of Trust as Truste� may require. �af Upon receipt o�su�h notice frvm Lender, Trust�e shall cause ta be recorded, pu�lished and deli�ered t❑ Trustor such Natice of Default and Natice vf 5ale as then required by law and by this Deed �f Trust. Trustee shall, without demand an Trust�r, aft�r such time as may then be required by law and after recordatian of such Noti�e af Default and after Nvtice ❑f Sale ha�ing be�n gi�en as required hy law, sell the Prvperty at the time and p�ace af sale fixed by it in such Nvtice of Sale� either as a whale, or in separate Ivts or parcels ❑r items as Trustee sha�� deem exped�ent, and in such order as it may determine, at public auction t❑ the highest bidder for cash in lawtul mvney ❑f the United States payahle at th� time ❑f sa�e. Trustee shall de�i�er to such pur�haser or purchasers thereaf its go�d and sufficient deed or deeds �vn�eying the property sv sold, but without any covenant ❑r warranCy, express ar implied. The recitals in su�h deed af any matters or facts shall be conclusi�e proof of the truthfulness thereof. Any persvn, in�luding without limitatian Trustvr, Trustee, or Lender, may pur�hase at such sale. �by As may be permitted by law, after d�du�ting all costs, fees and expens�s of Trustee and of this Trust, �nciuding casts ❑f e�iden�e vf title in connectian with sa�e, Trustee shall apply the proceeds vf sale t� payment of {i} ali sums expended under the terms of this ❑eed af Trust❑r under the terms af the N�te nat then repaid, including hut not fimited t❑ accrued interest and late charges, {ii) all ather sums then se�ured hereby, and �iii� the remainder, if any, ta the person or persons legally entitled thereto, ��} Trustee may in the manner pra�ided by law pvstpone sale of all ar any portion ❑#the Prvperty. Remedies No# Exclusive. Trustee and Lender, and ea�h �f them, shall �e entitled ta enforce payment and pe�fvrmance af any indebtedness vr obligations secured by this Deed ❑f Trust and to exercise a!I rights and pow�rs under this Deed of Trust, under the Note, under any of the Re�ated Dflcuments, ar under any other agreement or any laws naw or hereafter in force; notwithstanding, some �r all ❑f such indehtedness and ❑bligatsons secured by this Deed ❑f Trust may naw or hereafter be vtherwise secured, whether by martgage, deed of trust, pledge, lien, assignment �r �therwise. Nei�her the acceptan�e of this De�d vf Trust nor its enfvrcement, whether by �ourt actian or pursuant tv the power a� sale flr other powers contained in thf5 Deed of Trust, shall prejudice or in any manner af#ect Trustee's or Lender's right to realize upon or enfnrce any �ther security now vr hereafte� held by Trustee or Lender, it being agreed that Trust�e and Lender, and each of them, shall be entitled t❑ enforce this Deed of Trust and any other security n�w or hereafte� held by Lender ❑r Truste� in such order and manner as they or either of them may in their absolute discretivn determine. No remedy conferred upon vr reser�ed t❑ Trustee or Lender, is intended to be exclusi�e vf any other remedy in this ❑eed of Trust or by law pra�ided ❑r permitted, but each shafl be cumulati�e and shall be in addition ta every other remedy gi�en in this ❑eed of Trust ar now ar hereafter existing at law ❑r in equity ❑r by statute. E�ery power❑r remedy gi�en hy the Nate or any vf the Related DoGuments �❑ Trustee ar Lender or to wh�ch either of them may be otherwise entitled, may be exercised, cancurrently ar independently, from time to time and as often as may be deemed expedient by Trustee vr Lender, and either vf them may pursue in�onsistent remedies. Nothing �n this ❑eed of Trust shall be construed as prohibiting Lender �rom seeking a deficiency judgment against the Trustar to the extent such action is permitted by law, Election by Lender to pursue any remedy shaf! not exclude pursuit �f any vther remedy, and an election to make expenditures ❑r t❑ take actian to p�r�arm an o�ligativn of Trustvr under this Deed of Trust, a�ter Trustor's failu�e to per�orm, shall nnt affe�t Lender's right to dec�are a default and exercise its remedies. Request far Notice. Trustor, an behalf of Trustor and Lender, hereby requests that a copy of any Notice vf Default and a copy of any Notice �t Sa�e under this D�ed af Trus� be mailed to �hem at the addresses set forth in the first paragraph of this Deed af Trust. Attarneys' Fees: Expenses. If Lender inst�tu�es any suit or actian to enfarce any of the terms of this Deed vf Trust, Lender shall be entitled to recv�er such sum as the court may adjudge reasonable as attarneys' fees at triai and upon any appeal. Whether ❑r nvt any court action is in�vl�ed, and t❑ the extent nat prohibited by law, aii reasonable expens�s Lender in�urs that in Lender's vpinion are n�c�ssary at any tim� for the prntection of its interest or the enforcement vf its rights shall becvme a part�f the Indebtedness payable on demand and sha11 t�ear interest at the Nate rate firam the date of the expenditure until repaid. Expenses cv�ered by this paragraph include, withaut lim�tation, howe�er subject to any limits under applicable law, Lender's at�orneys' fees and Lender's legal expenses, whether ❑r not there is a lawsuit, including attorneys' �ees and expenses fvr bankrupt�y proceedings �fncluding efforts to modify or�acate any autamatic stay or in�unction�, appeals, and any anticipated past-judgment cflllectivn ser�ices, the cast of searching re�Qrds, obtaining title reports �including fareclosure reportsy, sur�eyors' reports, and appraisal #ees, title insurance, and fees for the Trustee, ta the extent permitted by applicable faw.