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DEED O~ TRUST 2 U~ 9 Q 7 214
<br />~~, " ~~ " (Continued) Page ~
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at ny time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occur:; as par the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable ~nd the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereaft r, Lender may:
<br />la- Either in person or by agent, with or without bringing any action or proceeding, or ~y 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 necessar I~ 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 unpa~d, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by his Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, th collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this bead of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice bf default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application Qf rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Rel' fed 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 reci fiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c1 Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Truster's interest in the Property to be sold, which notice Trustee shall case to be duly filed for record in the
<br />appropriate offices pf the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lander shah have all the nights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Coda.
<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 a d evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />lal Upon receipt of such notice from Lender, Trustee shall cause to be recorded, p bushed and delivered to Trustor such
<br />Notice of Default and Notice of Sala as then required by law and by this Deed of Tru t. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of suc 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 ale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels nr items as Trustee shall deem ex edient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the Uni ed States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient de d 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 limitat on Trustor, Trustee, nr Lender, may
<br />purchase at such sale.
<br />(b- As may be permitted by law, after deducting all costs, fees and expenses of Trust«~e 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 Daed 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.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enfor a payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and power under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now r hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now nr he eafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance oft is Dead of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this D ed 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 Daed c~f 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 t eir absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any otF~er remedy in this Deed of Trust or 6y
<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~ote or any of the Related Documents
<br />to Trustee or Lander or to which either of them may be otherwise entitled, may be exercised, co currently or independently, from time
<br />to time and as pften as may be deemed expedient by Trustee or Lender, and either of the 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 exc~ude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Trustor under thi$ 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 arjy 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 i:he terms f 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 or opt any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Len er incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall beca a a part of the Indebtedness payable
<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' foes and Lender's legal expanses,
<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 injunctionl, appeals, and any anticipated post-judgment colle tion services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal 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. ~
<br />Rights of Trustee. Trustee shall have all pf the rights and duties of Lender as set forth in this se tion.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the pouvers and ~ bligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shat have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: Ia1 join i preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in ranting any easement or creating any
<br />restriction on the Real Property; and (c- join in any subordinatien or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust. I
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In a dition 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 fo~eclose by notice and sale, and Lender
<br />
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