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DEED OF TRUST 200202795 pages
<br />(Continued)
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed OI Trust, at any time thereafter. Truslae Oh Loops, may
<br />exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Dewun occurs as per the terms of the Note secured hereby, Lender
<br />may declare all Indebtedness secured by this Deed of Treat to be due and payable and the same shell thereupon become due and
<br />payable without any presentment, demand, protest or notice of any kind Thereafter, Li ndor may:
<br />(a) Either n person Or by agent. with or without bringing any action or proceeding, or by a resolver appointed by a coup, and
<br />without regard to the adequacy of its security, enter open antl take possession of the Property. or any part thereof, at its own name
<br />or In the name of Trustee, and do any acts which it doors necessary or deskable to preserve the value, marketability or fentablhy
<br />of the Property, or pall of 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. of the Property, sue for or otherwise collect the rents, issues and profits of the
<br />Property, mcbtling those past due and unpaid, antl apply the same, less casts and expenses of Operation and collection attorneys'
<br />fees, to any indebtedness secured by this Dead of Treat, All n such order as Lender may determine. The enterbtg upon and taking
<br />possession of the Property, the collection of such rents, Issues and profits, and the application thereof shall not cure or wave Any
<br />default or notice of default under this Dead of Trust or nvalidate any act done in response to such default Or pursuant to such
<br />motto of dekevk; and, notwithstanding the continence in possession of the Property or the collection, receipt and Application of
<br />rents, asues or profits, Trustee or Lender shall be entitled to warcwe every right provided for in the Now or the Pewved
<br />Documents or by few upon the occurrence of any event Of dameft, Including the right to exercise the Dewar of saw;
<br />(b) Commence an action to foreclose this Dead of Trust as a mortgage, appoint a recover or specilcalfy enforce any at the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default end demand for sale and a written notice of default and election to cause
<br />TNslars Interest in the Property to be sold, wri notice Trustee shall cause to be duly lewd for record an the approprlale Offices Of
<br />the County to which the Property Is knated; and
<br />(d) Wish respect to all or any pall aline Personal Property, Lender shall have all the rights and remedies of a secured party under
<br />the Nebraska Uniform Commercial Code.
<br />F.reclOwre by Power of Sale. If Lentler elects to foreclose by exercise of the Power of Sete hares contained, Lender shall nalay
<br />Trustee And shall deposit with Trustee this Deed of Trust and the Note and such receipts antl evidence of Shemoditures made and
<br />secured by th "s Deed of Trust as Truslea may require.
<br />(a) Upon receipt of Such notice from Lender, Trustee shall cause to be recorded, published and delivered to Tmslor such Notice
<br />of Desalt and Notice of Sete as than required by law and by this Dead of Trust. Trial shalt, without demand On Truster. area
<br />such fine as may than be required by few and after recordation of such Notice of Default and after Notice of Sate having been
<br />gfren AS required by kew, sell the Property At the time and place of sale road by It n such Notice of Sale. either as a whole, or In
<br />separate lots or parcels Or hems as Trustee shall deem expedient, and In rush order as it nay amstoo m. at public auction to the
<br />highest bidder for cash n lawful money of the United States payable at lie time of saw. Trustee zhall delver to such purchaser or
<br />purchasers thereof he good and surtkent dead or deeds conveying the property so sold, but without shy covenant or warranty,
<br />express or fanged. The redtflle to such dead of any matters or facts shall be conclusive proof of the truthfulness thereof. My
<br />Paphos. ndudng without limitation Truster, Trustee, or Lender, ,nay purchase at such sew.
<br />(b) As may be permitted by law, after deducting all cnsm, fees and expenses of Trustee and of this Trust, ncludng costa Of
<br />evidarne at tole in connection with safe, Trustee Affair apply the proceeds of sale to payment of (1) all same Wended under the
<br />terms M this Dead of Trust or under the terms of his Note not than repaid, Including but not leaked to accrued interest and late
<br />charges, (iii all other sums then secured h.mb;, and (ing the mmaindor, ff any, to the parson or persons legally ent?'nd thereto.
<br />(c) Trustee may in the manner provided by iw postpone saw of all or any portion of the Prop".
<br />R =medo. Not Explosive. Trustee actl L.nP,h and each of them, shelf be anlitfod to enforce payment and performance of any
<br />indebtedness or obligations secured by this Dead of Trust and to exercise all flora and powers lade, this Dead Of Trust, under the New,
<br />under any .1 the Relored Documents, or order any other agreement or any laws now or hereafter n force; notwltnstandng, same or all of
<br />such indebtedness and obligations ser,md by this Dead of Trost may now or hereafter be otherwise secured, whether by mortgage. dead of
<br />trust, pledge. ilea, assignment or or'..mise. Neither the acceptance of this Dead of Trust nor Its enfo mormt, whether by court action or
<br />pursuant to the Power of saw or ,toe• powers comeined In this Deed of Trust. °ball prejudice Or In any manner affect Tmat66'A or Lender's
<br />right to realize upon or enfornf, any other security now or hereafter held by Trustee or Lander, it bang agreed that Trustee and Leader, and
<br />each of them, shaft be entindd to enforce this Dead of Trust and any other security now or hereafter held by Lander or Theodore in such order
<br />and manner as they or either of them may n their absolute discretion determine. No remedy, converted upon or reserved to Trustee or
<br />Lander, is intended n: De exclusive of any other remedy in this Dead of Trust or by law provided or pannibed. but each shall be cumulative
<br />and shall be In ad6aion to every other remedy given In this Dead Of Trust or now or hereafter existing at few or at equity or by statute. Evory,
<br />power or 'ante;✓ given by the Note or any of the Retired Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, ma�- oe exorcised concurrently f, ndeperdently, from Other to time and as often as may be dearead expedient by Trustee or Lander,
<br />and shoe of them may pursue Inconsistent renredes. Nothing in this Dead of Trust shall be construed as prohibiting Lender from seeking a
<br />defcia icy judgment against the Truster to the extent such action Is permitted by law.
<br />El ctlon of Remedies. All of Lende's rights and remedes will be cumulative and may be exercised alone or together. It Lender decides to
<br />spend money or to perform am of Thistor's obligations under this Dead of Trust, attar Toaster's failure to do so, that decision by Lander will
<br />not erect Lender's right to dealt. Truster in default and to exercise Landers remetlkes.
<br />Request for Notice. Truster, on behalf of Truster and Lander, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Dead of Trust be mailed to them at the eadresses sat forth at the first paragraph a( th",s Dead of Trust.
<br />Attorneys' Fees; Expenses. If Lander institutes any suit or action to enforce any of the (arms of this Dead of Trust. Lender shall be entitled
<br />to reco`v'er such Sam as the com.t may adjudge reasonable as attorneys toes at trial and upon any appeal. Whether Or not any court Action w
<br />invcbel. And to the extent not prohibited by law, all reasonable expanses Lender incurs that n Lenders 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 hum the date of the expenditure until repaid. Expenses covered by this paragraph Meade, without Imlt.d.ft,
<br />however subject to any this under applicable law, Landers attorneys' lees and Lenders legal expenses, whether Or not there is a lawsuit.
<br />including attorneys' fees and expanses for bankruptcy proceedings (including efforts to modify or vacate any automatic At, or log nutlon),
<br />appeals, and any anticipated Postyudgment collection servaes, the cost of seamhng records. Obtaining take reports inentlng foreclosure
<br />reports), surveyors' reports, and appraisal fees, title Insurance, and lees for the Trustee, to the extent permuted by applicable law. Truster
<br />also will pay any court costs, in addltlon to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of he rights and duties of Lander as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Dead of
<br />Trust:
<br />Powers of Trustee. In addri on to all powers of Trustee arising as a matter of law. Trustee shall have the power to take the following actions
<br />wit: respect to the POOPGOV upon the written request of Lander and Trustor (a) join in preparing and fkng a map or plot Of the Real
<br />Property, including the dedication Of streets Or other rights to the putpla; (b) join in granting any easement or creating any foundation on the
<br />Reel Property; and (c) join in any sunmochnom or other agreement affecting this Deed of Trust or the human of Lentler under this Dead at
<br />Trust.
<br />Trustee. TNStac shall meet all qualifications required for Tmste6 under applicable law. In addition to the rights and ramadlea set forth
<br />above, wan respect 1. ell or any pan of the Pmpedy, the Trustee net have the right to (.rectos. by notice And sale, and Lender will have the
<br />r jhl to Imeclmse by l4dim.1 f.mol.S.., in either case In accordance with and to the full extent provided by Integrable IAw.
<br />Successor Trustee. Lentler, et Lender's option, may from time to time appoint a successor Trustee to hmy Tmatee appointed under this
<br />Dead of Trust by An Inurement en. inted and acknowlei gad by Lentler and recorded 'm the .dice or iffy end., .1 Half County, Slaw of
<br />Nebraska. The instrument shall contain, in addition to all ether matters required by state law, the names of the original Lentler. Trustee, and
<br />Trustor, Urn book and page (or computer system reference) where into Deed of Trust is recorded. and the name And Add.$. DI the
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