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Loan No: 9p1230165 D~ 0 0 nu®d)ST 2 010 0 3 6 91 page 5
<br />la1 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 500urity, enter upon and take possession of the Prpperty, pr 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 Prpperty; and, with or without taking possession of the Property, sus for or otherwise
<br />pollect the rents, issues and profits of the Property, including these 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 prder as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection pf such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<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 pr the Related Documents or by law uppn the
<br />pccurrence of any event of default, including the right to exercise the power of sale;
<br />Ibl Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enfprce any of the
<br />covenants hereof; and
<br />Ic1 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
<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 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 Dead of Trust and the Noto and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />la) 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 pf 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 Ipts pr parcels or items as Trustee shall deem expedient, and in such prder as it may
<br />determine, at public auction to the highest bidder far 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, nr Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting 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 li) 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, lii- all other sums then secured hereby, and liii) the remainder, if any, to the person or perspns 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 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 pf Trust, under the
<br />Note, under any of the Related Documents, pr under any other agreement or any laws new or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and pbligatipns secured by this Deed of Trust may new 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 enfprce this Deed pf Trust and any ether security now pr
<br />hereafter held by Lander or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or 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 shall ba in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law pr in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />tp Trustee ar 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 inopnsistent 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.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed pf Trust, after Trustoe's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's 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 bs mailed tp them at the addresses set fprth in the first paragraph of this Deed pf Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit ar action tp enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recnvsr such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the prptection of its interest or the enforcement pf its rights shall become a part pf the Indebtedness payable
<br />pn demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
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