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<br />loan No: 101215456 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200801997 <br /> <br />Page 6 <br /> <br />accurrence af any event of default, including the right to. exercise the power af sale; <br /> <br />(b) Cammence an actian to. foreclose this Deed af Trust as a martgage, appoint a receiver ar specifically enfarce any of the <br />cavenants hereaf; and <br /> <br />(c) Deliver to Trustee a written declaratian af default and demand far sale and a written notice of default and electian to <br />cause Trustar's interest in the Praperty to be said, which natice Trustee shall cause to. be duly filed far recard in the <br />apprapriate affices af the County in which the Praperty is lacated; and <br /> <br />(d) With respect to. all ar any part af the Personal Praperty, Lender shall have all the rights and remedies af a secured party <br />under the Nebraska Uniform Commercial Cade. <br /> <br />Foreclasure by Pawer of Sale. If Lender elects to fareclase by exercise af the Power af Sale herein cantained, Lender shall natify <br />Trustee and shall depasit with Trustee this Deed af Trust and the Nate and such receipts and evidence af expenditures made and <br />secured by this Deed af Trust as Trustee may require. <br /> <br />(a) Upan receipt af such natice from Lender, Trustee shall cause to. be recarded, published and delivered to. Trustar such <br />Natice af Default and Natice af Sale as then required by law and by this Deed af Trust. Trustee shall, withaut demand an <br />Trustar, after such time as may then be required by law and after recardatian af such Natice af Default and after Natice af <br />Sale having been given as required by law, sell the Praperty at the time and place af sale fixed by it in such Natice af Sale, <br />either as a whale, or in separate lats ar parcels ar items as Trustee shall deem expedient, and in such arder as it may <br />determine, at public auctian to. the highest bidder far cash in lawful maney af the United States payable at the time af sale. <br />Trustee shall deliver to. such purchaser or purchasers thereaf its gaad and sufficient deed ar deeds canveying the praperty sa <br />said, but withaut any cavenant ar warranty, express ar implied. The recitals in such deed af any matters ar facts shall be <br />canclusive praaf af the truthfulness thereaf. Any persan, including withaut limitatian Trustar, Trustee, ar Lender, may <br />purchase at such sale. <br /> <br />(b) As may be permitted by law, after deducting all casts, fees and expenses af Trustee and af this Trust, including casts af <br />evidence af title in cannectian with sale, Trustee shall apply the praceeds af sale to. payment af (i) all sums expended under <br />the terms af this Deed af Trust ar under the terms af the Nate not then repaid, including but nat limited to accrued interest <br />and late charges, (ii) all ather sums then secured hereby, and (iii) the remainder, if any, to the persan ar persans legally <br />entitled thereto. <br /> <br />(c) Trustee may in the manner pravided by law pastpone sale af all ar any partianof the, Praperty. <br /> <br />Remedies Not Exclusive. Trustee and Lender, and each af them, shall be entitled to. enfarce payment and performance af any <br />indebtedness ar abligatians secured by this Deed af Trust and to. exercise all rights and pawers under this Deed af Trust, under the <br />Nate, under any af the Related Dacuments, or under any ather agreement ar any laws naw ar hereafter in force; natwithstanding, <br />some or all of such indebtedness and abligations secured by this Deed of Trust may now or hereafter be atherwise secured, whether <br />by mortgage,deedaf trust, pledge, lien, assignment ar atherwise. Neither the acceptanceaf this Deed af Trust nor its enforcement, <br />whether by caurt actian ar pursuant to the pawer af sale ar ather powers contained in this Deed af Trust, shall prejudice ar in any <br />manner affect Trustee's or Lender's right to. realize upan or enforce any other security naw or hereafter held by Trustee ar Lender, it <br />being agreed that Trustee and Lender, and each af them, shall be entitled to. enfarce this Deed af Trust and any ather security naw ar <br />hereafter held by Lender ar Trustee in such arder and manner as they ar either af them may in their absalute discretian determine. No. <br />remedy conferred upan ar reserved to. Trustee ar Lender, is intended to. be exclusive af any ather remedy in this Deed af Trust or by <br />law pravided ar permitted, but each shall be cumulative and shall be in additian to. every ather remedy given in this Deed af Trust ar <br />naw ar hereafter existing at law ar in equity ar by statute. Every pawer ar remedy given by the Nate or any af the Related Dacuments <br />to. Trustee or Lender ar to. which either af them may be atherwise entitled, may be exercised, cancurrently ar independently, from time <br />to. time and as aften as may be deemed expedient by Trustee ar Lender, and either af them may pursue incansistent remedies. <br />Nathing in this Deed af Trust shall be canstrued as prahibiting Lender fram seeking a deficiency judgment against the Trustar to. the <br />extent such actian is permitted by law. Electian by Lender to. pursue any remedy shall nat exclude pursuit of any ather remedy, and <br />an electian to. make expenditures or to. take actian to. perfarm an abligatian af Trustar under this Deed af Trust, after Trustar's failure <br />to. perfarm, shall nat affect Lender's right to declare a default and exercise its remedies. <br /> <br />Request for Notice. Trustar, an behalf of Trustar and Lender, hereby requests that a capy af any Natice af Default and a capy af any <br />Natice af Sale under this Deed of Trust be mailed to. them at the addresses set forth in the first paragraph af this Deed of Trust. <br /> <br />Attorneys' Fees; Expenses. If Lender institutes any suit ar action to. enfarce any af the terms af this Deed af Trust, Lender shall be <br />entitled to. recaver such sum as the caurt may adjudge reasanable as attarneys' fees at trial and upan any appeal. Whether ar nat any <br />caurt actian is invalved, and to. the extent nat prahibited by law, all reasanable expenses lender incurs that in lender's apinian are <br />necessary at any time far the pratection af its interest ar the enforcement of its rights shall became a part af the Indebtedness payable <br />an demand and shall bear interest at the Nate rate from the date af the expenditure until repaid. Expenses covered by this paragraph <br />include, withaut limitatian, hawever subject to. any limits under applicable law, Lender's attarneys' fees and lender's legal expenses, <br />whether ar nat there is a lawsuit, including attarneys' fees and expenses far bankruptcy praceedings (including effarts to. madify ar <br />vacate any autamatic stay or injunctian), appeals, and any anticipated post-judgment callectian services, the cast af searching <br />recards, abtaining title reparts (including fareclasure reparts), surveyors' reparts, and appraisal fees, title insurance, and fees far the <br />Trustee, to. the extent permitted by applicable law. Trustar also. will pay any caurt casts, in additian to all ather sums pravided by <br />law. <br /> <br />Rights of Trustee. Trustee shall have all af the rights and duties af lender as set farth in this section. <br /> <br />POWERS AND OBLIGATIONS OF TRUSTEE. The fallawing provisians relating to. the pawers and abligatians of Trustee are part af this <br />Deed af Trust: <br /> <br />Powers of Trustee. In additian to. all pawers af Trustee arising as a matter af law, Trustee shall have the pawer to. take the fallawing <br />actians with respect to. the Praperty upan the written request of lender and Trustar: (a) jain in preparing and filing a map ar plat af <br />the Real Property, including the dedicatian af streets or other rights to. the public; (b) jain in granting any easement ar creating any <br />