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DEED OF TRUST 200609113 Page 6
<br />Loan No: 101210533 )Continued)
<br />own name or in the name of Trustee and
<br />part of the Property Ior�nterest n theaProperdesirable
<br />y;sin cease the incomehfromIthe
<br />marketability or rentability of the Property, on the Property;
<br />of the Property, sue for or otherwise
<br />Property or protect the security of the Property; and, with or without taking p
<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 such order as and
<br />Lender may determi on thereof shall not pure Io9 waive any default or Property, collection
<br />notice of default under this Deed of T ust or
<br />ng up profits, and the application
<br />invalidate any act done in response to such default or pursuant to such notice of 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;
<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
<br />nd demand for sale and a written notice duly default and election to
<br />(c) Deliver to Trustee a written declaration of default a
<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
<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.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />Notice of Default and Notice oofeSale as then required Trustee
<br />(a) Upon receipt of such requiredbyhlalwcandeby this Deaddof Trrustlis 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. enses of Trustee and of
<br />(b) As may be permitted by law, after deducting all costs, Ifees eand ex proceeds of sale to payment oft(i) all rsums expended under
<br />evidence of title in connection with sale, Trustee shall apply p
<br />the terms of this Deed of Trust or under the terms of the Note not then
<br />(iii) the repaid, in ludiag but o thellperson or accrued
<br />persons legally
<br />and late charges, (ii) all other sums then secured hereby,
<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 neNstorEoblig tons srecuredaby this nDeed of Trust and
<br />Note, exercise all rightseand powers eunder payment
<br />his Deed poffTr Trust, under the
<br />NoNote, under any of the Related Documents, Or under any other agreement or any laws now or hereafter in force; notwithstanding whether
<br />some or all of such indebtedness and lien, blassignment or e otherwise. Neither the acceptance of this Deedeof Trust 'nor tsuen orcement,
<br />by mortgage, deed of trust, pledge,
<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 ed Trustee's or
<br />Trustee and realize upon or
<br />them shall be entitled to enforcelthis Deed of Trust and lany Y then security e now or
<br />being g
<br />or in their absolute discretion determine.
<br />hereafter held by Lender rTrustee in such order and manner ended to be exclusive of any other remedy in this Deed of Trust by
<br />remedy orr reserved to T chore or Lenders int
<br />law provided or permitted, but each shall be cumulative and shall 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 currently any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, conu sue independently,
<br />t remedies.
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may p
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the ny other remedy, and el action law. Election Lender pursue e f al exclude ,
<br />an election to make expenditures or to take action to perform an obligation o Trustoru der 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.
<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.
<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 />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether o opinion not any
<br />necessarloatlany time involved, and to the extent not
<br />the protection of its interest orthe en orcementsof its eshall become la pat of the Indebtedness r payable
<br />Y
<br />on demand and shall bear interest at the Note rate from the date 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 legal expenses,
<br />whether or not there is a lawsuit, including appeals, attorneys' and an antexpenses pated post-judgment tc collection igservices,I he efforts
<br />cost of searching
<br />vacate any automatic stay or injunction), reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees fort the
<br />records, obtaining title
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