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200207334 DEED OF TRUST Loan No: 774530 (Continued) Page 6 Louder may determine. The entering upon and taking possession of the Property, the collection of boob rents, h and profits, and the application thereof .shall not n any default u notice of default under this Deed of sTrust or Invalidate any ant cane 'i asponee to such def-ultworwpursuant to such notice of default; and, notwithstanding the erull —FIec in possession of the Property or the collection, receipt and application of rents, is. 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 even' of default, Including the right to xarms. Um power of sale: (L Cellular— an aclar Ip foroclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; and (c) Deliver m Tmslee a written declaration of default and demand for sale and a written notice of default and election to cau..e Ti Interns[ Lr the Property to be sold which notice Trustee shall cause to be duly filed far 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 secured party under the Nebraska Uniform Con r ercial Cud,_ Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale berein Detained, Lender shall apply Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and raiders, of expora hurl node and secured by this Deed of Trust as Trustee may mqulre. (a) Upon -raim of cloth notice frier Lender, Trust— shall cause to be recorded, published and delivered to Truster such Notice of Default and Notice of Sale us then required by law and by this Deed of Trust. Trustee shall, "'hour demand o Trustor, after such time as may then be required by law and after recordation of such Near— of Default -std after Notice of Sale having been given as required by law, sell the Property or the time and pore of sale fixed by It In such Notice at Sale, either a whole, o separate lots or paels or items as Trueme h shall deem expedient, and in such order as It may public color m'u6na at auc Occult tion to the highest bidder for cash is lawful money of the United States payable at the time of sale_ Trustac still Julics, to such purchaser or purchasers thereof its good and sufficient deed or deeds surveying the property se sold but without any covenant or warranty, express or Implied_ The recitals in such Flood of any matters or facts shall be conclusive proof of the truthfulnesstharaof. Any person, including without limitation Truster. Trustee, or Lender, may puch.sn at such sale. (b) As may be permitted by law, after deducting all casts, fees and expenses of Trustee and at this Trust, 11r1 -firm cos to of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all purrs expended under the terms of this Dead of Trust or under the [pins of the Note not then repaid including but not limited to accrued interest and late charges, (ii) all Fuel suers therh s,r.urcd hereby, and Inn) the remainder, If any,, to the person or parsons legally unpticd thereto. cc) Trustee may in the manner provided by law postpone sale of all or any portion of the Property Remedies Not Fxolosiv,. Trustee and Lender, oral each of them, shall be entitled to enforce payment and performance of any ind,btpdncss or obligations s red by this Deed of Trust and to ex a all rights and powers tinder this Dead of Trust, under the Note, antler any of the Related Documents, o under any other agreement n any laws n or hereafter in fors,: notwithstanding, some all of such Indebtedness and obligations secured by flux Deed of Trust may now or hereafter be otherwise secured, whether by mertgage, dead of lo-1,, pledge, lien, assignrrrnt or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained In this Dead of Trust, shall prejudice or any manner affect Trustee's or Lender's right to realize upon or enforce any cue, se unity now or herufter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of if shall be entemil to enforce this Deed of Trust and any other security now C hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine_ No rdy ounfurr,d upon , reserved to Trustee or Lender, Is Intended to be exclusive of any other remedy in this Deed of Trust or by ow but law provided to permitted, but each shall be cumulative and shall be In addition to every by remedy given In this Duud of Trust or now or hereafter existing at law or In equity or m statutes Every power u rode given by the Note en any of the Related Documents to Trustee or Lender or m which either in them may bey Trustee .,,filed, e r, a be exercised concurrently or Independently, from time fn time and i often ray be Jbecon expedient prohibiting Trustee r Lender, and ei:ber of them may pun iefent r ante,. among ar dripsionois of Trupl droll be construed as Lenderto Lender from seeking a l not I'Lustit of ny the Truster to and extent such action is expenditures by law. Election by Lender to pursue any remedy shall nor exclude pursuit of any encer t IF f, end an election to make expenditures or to take action to perform a exercise of Truster undpr this Deed of Trust, after Toaster 's failure to perform, shall not offer.[ Lender's right to declare a default and exercise its remedies. Request for Notice_ Truster, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default anti a copy of any Notice of Sale under this Deed of Trust be mailed to them of the addresses set forth In the first paragraph of this Deed of Trust. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recwar such sum as the court play adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any art action is involved, and to the extent net prohibited by law, all re s iahle expenses Lender L s that In Lender's opinion are necessary at any time for the protection of its interest the enforcement Of Its r ts igh shall become a part of the Indebtedness payable err the demand and shall bear interest at the Note rat, from the date of the expenditure until repaid. Expenses covered by this paragraph n.Ind., without limitation, trap subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proura ings (including efforts to modify or Cate any automatic stay or injunction), appeals, and any anticlpatad past judgment collection s ervl rc s, the cost of seahing in olds, obtai n'mg title reports tt d by dine cable law, reports), also reports, and costs, c appraisal fees, title insurance, and fees for the Tmsrea, to [be ablaut Vpnnittpd by applicable law. Truster also will pay any court costs, in addition In all other .arms provlJed bV law. Rights of Trustee. Trustee shall have all of the rights and duties of Lnder is set forth In this section. POWERS AND OBLIGATIONS OF TRUSTEE. Tire following provisions relating to the powers and obligations of Trustee are part of this