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'' 200112779
<br />DEED OF TRUST
<br />Loan No: 19155 (Continued) Page 5
<br />. ,(b) , Commence an action to,foredose; this Deed of ,Trust as a,muxigag% appoint-a'teceiver -or tpecifwa*,Vnkxce any'bf'fthe
<br />covenants hereof; and L.,,.. s.,a
<br />:.,(c) Deliver -to Trustee a.writterr <dectaration ef< default and ,-,demandtor•sate7and'a- wdten, notice of default and'i'etecttbKtd-cause
<br />Trustor's interest in the Property to be sold, which notice Trustee shall-cause to'be'duly fired lortecord in this app>:opriate offices of
<br />the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
<br />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, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />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 to Trustor such Notice
<br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after
<br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been
<br />given as required by law, sell the Property at the time and place of sale fixed by.it.in such Notice of Sale, either as a whols,_or In
<br />separate lots or parcels or items as T tee shall deem expedient, and in suctl:order as it may determine, at public auction to the
<br />highest bidder for cash ir- Aawful monl�of th6 United States payable at the fi 'ot,sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof its good and su t°ent deed or deeds conveying tiie property so sold, but withbUt any'&o enan't or warranty,
<br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of tide in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the
<br />terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late
<br />charges, (ii) all other sums then 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 />,Aemedles Not . Exclusive. . .Trustee ,and Lender, and each of .them; shalt -be entitled, to enforce, payment and performance;.of any
<br />Indebtedness or obligations secured.by this Deed of Trust,and to exercise all rights and; powers,under..tbis Deed- of_Trust, underthe;Note,
<br />under any of the Related Documents, or under any other agreement or -#r)y, jaws Row or hereafter. in. force; notwithstanding, some or. all of
<br />such indebtedness and obligations secured by this Deed of Trust may;now or hereafter, be otherwise secured,: whether, by mortgage, deed of
<br />frust, pledge, lien, assignment or otherwise. f: Netthe ..tts� acceptance of this ,Deed ' of;Trust,, noC tts enforcement ,- whetiw by court addon or
<br />pursuant to the power of sale or other powers contained In this Deed of Trust, shall prejudice or in any,manner affect Trustee's or Lender's
<br />right to realize upon or enforce any'ottiersecurity now orhereafter fi910 by. Trustee or Lender; jt'being agreed thatTr' ste :gnd Lender, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any'other security now'or hereafter held by Lender or'`f 116e'Iri'such-order
<br />and manner as they or either of them may in heir absolute discretion determine. No remedy, conferred upon kor reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to
<br />spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will
<br />Request forNotice. `Trustor, 6n behalf of Trustor and Lenlfer, hereby r 4 esti hat a -copy of any Notice of Ngaulf and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shag be entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />t however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post- judgment collection servic es, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in ^' addition to all other sums provided by laic:
<br />f;tghts +3� f Trtistde Trustee snail ha re "all, of the rights ancl`•duties of Lender asset forth in this section
<br />POWERS AND OBLIGATIONS OF TRUSTEE:; The following provisions relating to the powers and obligations of Trustee are dart of this D-Wd of
<br />Trust
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shag have the power to take the following actions
<br />with respect to. the Property upon the written request of Lender, and Trustor:, (a) join in preparing and Ming a map or plat, of the Real
<br />Property+,including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />`Raul
<br />Trust. Property and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the
<br />right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed_ under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and'recorded`in the offic a of the recorr&r of flail 'Count ', State of -
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state layykthe names of the .pngfrtiel;.Lereier T pnxf
<br />Trustor, the book and page (or computer system reference) where- this Deed of Trust* recorded,, and the name and °at bf.ttie
<br />successor trustee, and the instrument shall be executed and acknowledged by all tha beneficiaries under this Deed of Trust or their
<br />successors in interest: The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shag govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as fast class, cerdffed or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to. Lender's address, as shown near•the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed of Trost by' giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For nobbe' purposes,' Trustor agrees to keep Lender
<br />informed at all rimes of Trustor's current address. unless otherwise provided or requires by law, if there Is mori# than''gnb, T�Oitor, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trustors. it will be Trustoes responsibility tb-teii the other 010the notice from
<br />Lander.
<br />MISCEL`'LANEOUS PROVISIONS. The following miscellaneous provi $ionsare a part of this Deed of7rust
<br />,
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be
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