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DEED OF TRUST 200207331
<br />Loan No: 774534 (Continued) Page 6
<br />I Tuu,tui Interco, In the Property to be sold, which notice Trustee shall cause to be duly filed far record in the
<br />appropriate L icex of the County in whloh the Property Is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the right and remedies of a secured party
<br />under the Nebraska Unison Commercial Code.
<br />Foreclosure by Power of Sale. It Lander elects 4r foreclose by nxerence of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Decd of Trust and the Note and such receipts and evidence of expenditures made antl
<br />stri by this Tend of Trust as Trustee may require.
<br />(a) Upon receipt of such oaticu from Lender, Trustee shall cause to be recorded, published and delivered to Treaty, coal,
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust Trustee shall, without demand on
<br />Truster, after such time as may then be required by law and after recardubon of such Nutiute of Default and after Notice of
<br />Sale iu..... been given as requlred by law, sell the Property at the time and place of sale fixed by It In such Notice of Sala,
<br />either a whole, u separate lots or parcels or hems as Trustee shall deem expedient, and in such order as It may
<br />determine, at public auction to the highest bidder fur gash in lawful n nay of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, not without any c ant n warranty, express or Implied. The recitals in such deed of any matters or foots shall be,
<br />ncluslve proof of the truthfulness thereof. Any person, Including without limitation Truster, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by over after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in penetration with sale, Trustee shall apply the precious of sure to payment of (p all sums expended under
<br />tic tr of thus Deed of Trust or ruder the terms of the Note not then repaid, including but not limited to accrued incrust
<br />and late chomes, (id all other army then secured hereby, and (iii) the remainder, If any, to the person or persons legally
<br />entitled thereto.
<br />Ic) 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 obligations secured retl by this Decd of Trust and to promise, all rights and powers under this Deed of Trust, under the
<br />Nate, under any of the RelatedDocuments, or antler any other agmerneof or alny laws now or hereafter in force; notwithstanding,
<br />i(iffne or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise counted, whether
<br />by mortgage, dead of trust, pledge, Ilan, assignment or otherwise. Neither the acceptance of this Dead of Treat nor to enforcamunt,
<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 />manner affect Trustee's or Lender's right to realize upon o amerce any ogee. .... nty n ILL hereafter held by Trustee or Lender, It
<br />being gnead that Teller and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee In such order and manner as they or either of them may In their absolute discretion determine No
<br />remedy conferred upon or rved to Trustee or Lender, is intender) to he oxclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be In addihon in every other remady given In this Deed of Trust or
<br />Flow or hri ex Ltmg at law or In equity or by statute. Every power or remedy given by the Note or any of the Related Longinotti,
<br />to Trustee or Lender or in vv icb either of them may be otherwise entitled, may be exercised, concurrently or independently, from limo
<br />to time and a often as may be deemed expedient by Trustee or Logical, and either of ,hem may pursue inconsistent remedies.
<br />Nothing In this Deed of Trust shell be construed as prohibiting Lender from sacking a deficiency judgment against the Truster to the
<br />extent such action s permitted by law_ Election by Lender to pursue any remedy shall not exclude pursuit of any I re tedy, and
<br />an election to mnke axperldtures or to take action to perform an obligation of Truster under this Deed of Trust, after Treator's fallum
<br />to perform, shall not affect Lender's right to poor- a default and exercise ,, remedies.
<br />Request for Notice. Truster, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Dafault and a copy of any
<br />Nona. of Szlr ruder this Dead 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 Insuwtes any snit or action to enforce any of the terms of this Dead of Trust, Longer shall be
<br />entitled to recover such sum as the court may adjudge roasonahle as attorneys' fees a, trial and upon any appeal. Whether or not any
<br />nnurt action is Involved, and tic the extent not prohibited by law, all reasonable axpenes Lender Fronts that in Lender's opinion are
<br />rn- cry it any time for the protection of its Interest or the enforcement
<br />of its rights shall become a part of the Indebtedness payable
<br />n demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by tiro paragraph
<br />include, without Ilnonc , however subject to any limits under applicable law, Lender's attorneys' fees and Lender 'a legal expenses,
<br />whether or not there is a lawsuit, including attorneys' tees and expenses for banlauptcy nor:rrdings ('moluding efforts to modify or
<br />aca,e any automatic stay or injunction), appeals, and any anticipated post)udgreent collactien s s, the cost of s arching
<br />records, obtaining title reports Occluding fnrenlnsure raportal, surveyors' reports, and appraisal fees, title In and tons for the
<br />rec Ater serene
<br />Trustee, to the extent permitted by applluahle law. TlILC[nr aloe will pay any court costs, In addition t0 all Other some provided by
<br />law
<br />Rights of Trusty T t r 11h.11 have all of the rights d duties of Lender as at forth in this section
<br />POWERS AND 05LIGATIONS OF TRUSTEE The firleving firoatsing,, relating to the powers and obligations of Trustee are part of this
<br />Door f Trust
<br />Powers of Trustee In addlbon 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 wrltl request of Lender and Teacher (a) join In preparing and filing a map or plat of
<br />the Real Property, Including the dedication of streets or other rights to the ughlin, (bl inln In granting any easement y
<br />or creating any
<br />es[ncfion on the Real Property! and (a1 join in any subordination or other agreement affecting this Doed ofaTr Trust or the interest of
<br />Lower under this Food of Trust.
<br />Trustee. Trustee shall n cat all qualifications refined for Trustee tinder applicable law. In addition to the rights and remedies sal
<br />forth above, with respect to all of any part of the Property, the Trust.. shall lave fire right to ferrules. by entice and sale, and Lender
<br />rhall have the right to foreclose by judicial foreclosure, In either case In nee -dance wltb and to the full extent provided by applicable
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