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202503378
<br />DEED OF TRUST Page 3
<br />(Continued)
<br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession
<br />ofe Chepast due Proaperty,
<br />unpaid r sue foor othelry the coise lmet lthe
<br />rents, issues and profits of the Property, including
<br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Df eed
<br />of Trust, all in such order as Lender may determine. The entering upon and application taking posse notsionco ethoe
<br />Property, the collection of such rents, issues and profits, and the
<br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br />lt;
<br />tanding the continuance in possession of
<br />tsuch default or ursuant to he Property or the collection,c receipt and applh notice of ication dcat anof orents, sissues or profits, Trustee or Lender shall
<br />be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br />and election to cause Tustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br />duly filed for record in the appropriate offices of the County in which
<br />her shall Property
<br />have is Iothe r ated;and remedies
<br />and
<br />(d) With respect to all or any part of the Personal Property,
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this 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 Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proofuof the rchase trtuthfuluchness
<br />thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may p
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Exclsive. Trustee and Lender, and each of them, shall be ies
<br />perforRemedman eoof any indebtedness or obligations secured by this Deed of Trustentitled
<br />nd toexerc exercise all rights and powers
<br />undr this Deed of Trust, under the Note, under any of the ed
<br />any other
<br />or
<br />er
<br />reement
<br />any laws now or hereafter in force; notwithstanding, some or all Documents, of such ndebtednessdand obl gat onsg secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />or otherwise. Neither the ceptance of
<br />Trust nor its enforcement, whether bcourt
<br />action orassignment
<br />pursuant to the power of sale orotherthis
<br />other powers contained f in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br />of Trust andeanyrother'secugrity nowaor hereafterhed by Lender or Trustee in such order land manner thised to enforcLender, and each of them, shall be asthey or
<br />either o remedy
<br />d
<br />n or reserved to
<br />or
<br />Lenderoithem may in s intended to beeexclusiir vetof e discretion
<br />other determine.
<br />in this Deed of Trust or by law provided or permitted,or now or
<br />but
<br />each be cumulative nd shall be in addition to every other remedy given in this he eafterrlexisting at law or in equity or by statute. Every power or remedy given byte Noted or anyfust of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently may inconsistefrom time to nte and as remedies. ften as Noth Nothing in thisdeemed
<br />D Deed of expedient ust shall beTrustee
<br />const construed as
<br />and either of them may pursueud ment against the Trustor to the extent such action is permitted by
<br />prohibiting Lender from seeking a deficiency j g 9
<br />law.
<br />Election ogether�fIfRLenderedecidesoto spend r�mo ey or to perform eany llof Trustor's obliexercisedl be cumulativand may be
<br />gations under thisDe Deed of Trust,
<br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default
<br />and to exercise Lender's remedies. of anyNotice of Default
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />f Lender institutes any suit or
<br />e terms of this Dee
<br />T ust, Lender shall be entitled to action to
<br />to recover such sum as the courtmayadjudge reasonable as attorneys' fees at of
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the of its s shall become a part
<br />the Indebtedness payable on dmand and shall bear
<br />interest at the Noterratefrom the datet of
<br />of the expenditure until repaid. Expenses covered by his paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment
<br />reports,collection services, the cost of
<br />ding
<br />), surveyors'
<br />ti
<br />le
<br />eclosure
<br />fees, title insurance, andsobtaining feesth
<br />e e reports
<br />e, to the extentrpermiittedr
<br />and appraisaleports
<br />by applicable law.
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />d
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part
<br />r of this
<br />Luee a of Trr so the extent not
<br />Governing Law. This Deed of Trust will be governed by federal law app
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />
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