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DEED OF TRUST 200204932
<br />Loren, No: 9002 (Continued) Pape 6
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of The
<br />covenants hereof; said
<br />(c) Deliver to Trustee a written declaration of defect, end demand for sale and a writtan notice of detach and election m
<br />e Treat.,'. merest in the properly to be sold, which notion Trustee Mall came to b r duly tied for record in The
<br />a,p opriaie ofticm of the Coaoty, et which the Properly a located; and
<br />(d) With respect to all or any part of the personal Property, Lender shall base all the rights and remedim of a secured party
<br />under, the Nebraska Uniform Cammercial Code.
<br />Foreclosure by Power of Sets. If Lender olects to foreclose by exercise of the Power of Sale herein contained. Lentler shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust end 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 Toaster ouch
<br />Notice of Default and Notice of Sale as then coqufied by law and by this Dead of Toast. Trustee shall, without demand on
<br />Truster, after such trade as may Than the Testified by law and after recordation of each N.tae of Defauh and nher Notice of
<br />Sale having been given as required by law, sell the Property at The time and place of sale feed by it in such Notice of Selo,
<br />either as a whole, or in separate lots or parcels or hems as Trustee shell dean expedient, and in such order as it resy
<br />determine, at public auction to The highest bidder for cash N lawful money of the Unllad State- payable at the firm of refs.
<br />Trustee shall dative to such purchaser or purchasers mai its good and sufficient dead or deeds conveying me Property so
<br />said, but without any covenant or warranty, express or Implied. The recitals in such bleed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without Iknitation Truster, Trustee, or t Miler, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, aftendedooting all costs, fees and expansm of Trustee and of this Toast, including cosh of
<br />evidence of tide in connection with sale, Trustee shall apply the proceeds of sale to payment of (g all sums expended under
<br />the terms of this Dead of Trust er undo the tams of the Note net than repaid, including but not limited to accrued interest
<br />and Into charges, (ii) all other sums than secured hereby. and (iii) The remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />Indebtedness Or obligatione s Tad by this Deed of Trust and to exercise all rights and powers under This Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any that agreement or any laws now or hereafter in force; nmwithstending,
<br />bYR+er all of such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether
<br />oortBaBe, deed of busq pledge, lien, assignment or otherwise. Neither the acceptance of This Deed of Trust nor its antorcemant,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />mariner affect Trustee's or Lender's right to realize upon or enforce any ether security now or hereafter hold by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />ho,ea' ter hold by Lender or Trustee in such order and manner as they or either of them may in chair absolute discretion determine, No
<br />lmedy conferred upon or reserved to Trustee or Lender. is intended to be exclusive of any other remedy in this Dead of Trust or by
<br />aw provided or permitted, but each shell be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />new or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of The Related Documents
<br />to Tmstan or Lendaror to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from tine
<br />to time and as often a m m
<br />may be counted expedient by Trustee or Lands, and either of them may pursue inconsistent reedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lander from seeking a deficiency judgment against the Truster to The
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Truster under this Deed of Trust, afer Tramp, failure
<br />To perform, shall no, affair, Lender's right to declare a default and exercise its remedies.
<br />R ..... I for Notice. Truster, on hoped of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in The first paragraph of this Dead of Trust.
<br />Attorneys F...; E.as..... If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust. Lender sl i be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lander incurs that in Lander's opinion are
<br />necessary at any time for the protection of its interest or The enforcement of its rights shall become a part of the indebtedness payable
<br />On demand and shall bear lots.,, a, he Net. rate from the data of The expenditure until repaid. Expenses covered by This paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's lapel sapanaec,
<br />whether or not there is a lawsuit, including attorneys fees and expanses for bankruptcy proceedings (including efform to modify or
<br />sate any automatic stay o r injunction), appeals, and anp anticipated post judgment collection services, the cost of searching
<br />records, obtaining title riscons(including foreclosure reports), surveyors' reports, and appraisal fees, Sipe insurance, and fee. for The
<br />Trustee, to the extent permitted by applicable law. Truster also will pay any court costs, in addition to all other sums provided by
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lando as set forth in This section
<br />POWERS AND OSLIDATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee we pert of this
<br />Dead of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of lender and Truster: (a) join In preparing and filing a map or plat of
<br />the Real Property, including the dedication of frosts or other rights to the public; (b) join In granting any easement or creating any
<br />eshiction on the Real Property; add (c) join in any subordination or other agreement affecting Nis Deed of Trust or the imemst of
<br />Lender undo, this Deed of Trust.
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