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<br />DEED OF TRUST
<br />(Continued)
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<br />200706049
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<br />Page 4
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<br />'0
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<br />declare all Indebtedness secured by this Desd of Trust to be due and payable and the same shall thereupon become due and
<br />payable without any presentment, demand, plotest or notice of any kind. Thereafter, Lender may:
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<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<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 such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof sha~l not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response t(l 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 eVE'ry 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 declaraLion 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 whit:h 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 Lender elecis 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.
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<br />(a) Upon receipt of such notice from Umder, 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 bs required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by IaN, 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 highE;st bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser Of 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 th{'reof. 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 d{!ducting all costs, fees and expenses of Trustee and of this Trust, including 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 accrued interest
<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 />(c) Trustee may in the manner provided :Clylaw 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 Becured 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 realiz,~ upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each ot 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 ~nd manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or '_ender, 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 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~tatute. 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 m{IY 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 €:s prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election i)y Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take actior: 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 declal'e a default and exercise its remedies.
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<br />Request for Notice. Trustor, on behalf of Trustor .md 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 />entitled to recover such sum as the court may adjl'ldge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not pr.)hibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its inte'est or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rat< from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to ani, limits under applicable law, Lender's attorneys' fees and Lender's legal 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 foreclosLre reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable lall\l. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section,
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The follo'wing provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition 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 wri :ten request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of strellts or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in allY subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclo,;ure, in either case in accordance with and to the full extent provided by applicable
<br />law.
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and3cknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain in addition to all other matters required by state law, the names of the original
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