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200206320 DEED OF TRUST Loan No: 773570 (Continued) Page 6 Property or protect the security of the Property; and, with or without taking possession of the Purports, are for or otherwise collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and expenses of n,c rmcra and nollection attorneys' fees, to any Indebtedness secured by this Deed of Trust, all in such order as Lendur Foray detonnine. The entering upon and taking possession of the Property, the collection of rush rents, issues and profits, and the application thereof shall not cure o waive any default or notice of default under this Dead of Trust or validate 'an, act data in reasons. to sash defavbt or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Property or the collection receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; is Commence a action to furauluse this David of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; and (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to e Truster's interest In the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which the Property is located: and (d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secumd party under the Nebraska Uniform Commercial Code. Foreclosure by Power of Sale. If Lender elects to forceless by exercise of the Power of Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee Otis Decd of Trust and the Note and such receipts and evidence of expenditures made and —scroll by this Deed of Trust as Treateu may require. (a) Upon receipt of such notice from Lender, Trustee shall c e to he recorded, published and delivered to Truster such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been 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 whole, or in separate lots or parcels or items as Trustee shall dame expedient, and in curb order as it may determine, at public auction to the highest bidder for cash in lawful money of the United Stales payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so .sold, but without any revanart or a r arty, express r implied The recitals in such deed of any matters or facts shall he conclusive proof of the truthfulness thereof Any person, including without limitation Truster, Trustee, or Lender, may purchase at such sale, (b) As may be permitted by law, arts, deducting all costs, taus and expenses of Trustee and of this Trust, including costs of evidence of title in oonnocten with sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expanding! Finder the terms of this Deed of Trust or under the terms of the Nate not then repaid, including but not limited to accrued interest and late charges, Ji) all other sums then secured hereby, and (tip the remainder, if arty, to the person or persons . legally entitled thereto. (c) Trustee may In the manner provided by law postpone sale of all or any portion of the Property. Remedies Not Exclusive. Trustee and Leader, and each of them, shall be crclud to enforce payment and performance of any indebtedness or obligations secured by this Dand of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, all of each indebtedness and obligations secured by this Deed of Trust may now er hornaftor be, otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or ofharwiso. Neither the acceptance of this Dead of Trust nor Its enforcement, whether by court action or pursuant to din power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's Fight to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lunder, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to he exclusive of any other ry nerdy In this Deed of Trust or by law provided or permitted, but cash shall be cumulative and $hull be In addition to every other remedy given In this Deed of Trust or now or he .attar a fisting at Lew or equity or by statute Every pow remedy gia=n by the Note any of the Related Documents to Trustee or Lander or to which either of them may be otherwise entitled, may be exercised, concurrently or Indapandmaly, from time to time and a s often a may be deemed expedient by Trustee or Lender, and ahher of them may pursue in sistant r nice ies. Nothing In this Deed of Trust shall be construed as prohibiting Lender Rana seeking a deficiency judgment against the Truster to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Truster under this Deed of Trost, after Truster's failure to perform, shall not affect Lender right to declare a default and exercise its estuaries. Request foe Notice. Truster, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default 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 paragraph of this Dead of Trust. Attorneys' Fees: Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lander shall be entitled to recover such sum as the Count may adjudge reasonable as agomoys' fees at trial and upon any appeal. Whether or not any art action is involved, and to the extent not prohibited by law, all re s nable expenses Lender incurs that in Lender's opinion are c ery at any time far the protection of its interest or the enforcement of Its rights shall resume s part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expansion- until repaid. Expenses covered by tine paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys fees and Lender's legal expenses, whether o not ,hers Is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or care any records stay o ounctioN, appeals, and any anticipated post- judgment collection services, the cost of s archimil re etv. in ores, obtaining title reporter tinb applicable foreclosure reports), surveyors' l To reports, and appraisal coos, title insurance, and fees for rho Trustee, to the extent permitted by applicable law. Tnnetnr also will pay any court costs, in addition to all other su s provided by law.