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<br />Loan No: 101208167
<br />
<br />DEED OFTRUST
<br />(Continued)
<br />
<br />200601400
<br />
<br />Page 6
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<br />Property or protect the security of the Property; and, with' or without taking possession of the Property, sue for or otherwise
<br />, collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same,less costs and
<br />'expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in suc,h,arder as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, isslJes and
<br />,.:, profits, arid the a'pplication thereof shan nbt' tute: br" waive ,ail'rdEifaUltti( Mtlcti tif default under this, DeMof TrUst or
<br />" , lhvalidateany actdorie ,iri response' to : such 'default orpursuarit to such notice tif 'default;' and, notwithstanding the
<br />. continuance in possession of the Property Or the collection, receipt and"application of 'rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or" the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
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<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; and
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<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
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<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
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<br />Foreclosure by Power of Sale. If :l&nder elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trust!':e this Deed of Trust .;.nd tha Note and such reciliptli'and eviuence of expendilUtes'fn:Ide and
<br />secured by this Deed of Trust as Trustee may require.
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<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<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 />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />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,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money 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, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
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<br />(b) As may be permitted by law, after deducting all costs,fef;!S and,e1'penses of Trustee and of this Trust"includ,ing COStS of
<br />evidence 'of title in connection with sale, Trustee shall. apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms' of the Note not ,then repaid, including but not limited to' il'ctrued iHterest
<br />and 'late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto,
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<br />Ic) 'Trustee may in the manner provided bylaw postpone sale of all or any portion of the Property.
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<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 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 other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<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 or enforce any other security now or hereafter held 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 />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 confetred upon or reserved to Tru'steeor Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shail be in addition to every other, remedy given in this Deed of Trust or
<br />now 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 Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor 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 Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
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<br />Request for Notice. Trustor, on behalf of Trustor 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 Deed of Trust.
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<br />Attorneys' Fees: Expenses. If. Lender institutes any suit or action to enforce any of the terms of this Deed of Trust. Lender shall be
<br />. - , endtledtoretbver'such stirriasthecourt may adjudgareasonable'as'~ttorneys'fMs at trial and upon any appeal. Whether or not any
<br />"t,ourtaction is' involved, and to'theexteni not pf-tihibited by law,aUreasonableexpenses Lenderin't';uis that in Lender's'Opinion are
<br />.""" :neeesMryat anY-time for the protectioii of its, inteie'sfb(.the. enforcement 011ts rights sHall beMrriii'a'pah of the'ln'debtednes$payable
<br />. 'ori' dem~Hdandshall bear interest at the Note nite'Uom thedateofti-le: expe'nditure ~riti' repaid. . Expenses covered'by this'jniragraph
<br />'" "inclUde, without limitation, however' subject' to any limits' U11derapplicable '1i:iIilt,'Ltllider's'atto,rneys' fees and Lender'slegai expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to 'modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports). surveyors' reports, and appraisaf 'fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law. '
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