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Loan No: 90"1235'13B
<br />DEED OF TRUST 2 O 1 O O�"� 17
<br />(Continued)
<br />dua and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />Page 5
<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 Praperty or interest in the Property; increase the income from the
<br />Property o.r protect the security of the Property; and, with or without teking 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. 7he entering upon and taking possession of the Praperty, the collactian of such rents, issues and
<br />profits, and the application thereof shall npt cure or waive any default vr notice of default under this Deed of Trust pr
<br />invalidate any act dnne in resppnse to such default ar 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 entorce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default snd 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 Code.
<br />Fpreclosure 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 />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of pefault and Notice of Saie as then required by law and by this Desd of Trust. Trustee shall, withput demand pn
<br />Trustor, after such time as may then 6e required 6y law and after recordation of such Notice of Default and aiter 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 7rustee shall deem expedient, and in such order as it may
<br />determine, at pu6lic auc#ion to the highest bidder for cash in lawful money of the United States payabie 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.
<br />(b) As may 6e 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 (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.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Ramadias 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 Dqcuments, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />soma or all of such indabtedness and obligations secured 6y this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, piedge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant tp the power of sale pr other powers contained in this Deed af Trust, shall prejudipe pr in any
<br />menner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held 6y Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled ta enforce this beed of 1"rust and any other security npw or
<br />hereafter held by Lender or Trustee in such prder and manner as they or either of them may in their absnlu#e discretion determine. Np
<br />remedy cpnferred 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 be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law ar in equity ar by statute. 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 may be otherwise entitled, may be exercised, cpncurrently or independently, from time
<br />to time and as oiten 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 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 l.ender'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 of Trust, aiter Trustor's failure to do so, that
<br />decision by Lender wiil not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, pn behalf ot Trustor and Lender, her6by 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' Faes; 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 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 protection of its interest or the enforcement af its rights shall became a part of the Indebtednass payable
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