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''�^ ``� �`� DEED O� TRUST 2 Q 1 O O�� r I �
<br />Loan No: 122289 (Continued) Page 4
<br />RIGHTS ANb REMEDIES ON DEFAULT. If an Event of Default occurs under this �eed of Trust, at any 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 occurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed af Trust to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<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 taka 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 desira6le to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in tha Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking passession of the Property, sue for or ntherwise
<br />collect tha rents, issues and profits of tha Property, including those past due and unpaid, and apply ths same, less costs and
<br />expenses of operation and collectinn 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 enllection of 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 />invalidste any act done in response to such default or pursuent to such notice of default; and, notwithstanding the
<br />continuance in possession af 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 u�on the
<br />occurrence af any event of defeult, including the right to exercise the power of sale;
<br />(b) Commenca an action to foreclose this Deed of Trust as a mvr#gage, appoint a receiver pr specifically enforce any of the
<br />covenants hereof; and
<br />(c) peliver 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 Proper#y 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 />Foreclosure by Power of 5ale. If Lender elects tv 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 Note and such receipts and evidence of expenditures made and
<br />secured 6y 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 Default and Notice of 5ale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may thsn be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as requir6d 6y law, sell the Property at the time and place of sale fixed by it such Notice of 5ale,
<br />either as a whole, or in saparate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at pubiic auctivn to the highest bidder for cesh in lawful money af the United States peyable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds canveying the property sv
<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 tha truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after dsducting all costs, fees and expenses of 7rustse 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 Nnte not then repaid, including but not limited to accrued interest
<br />and late cherges, (ii) all othar 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 prvvided by law postpone sele 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 of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws npw or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligetions secured 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 pursuent 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 Lander's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />baing agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by l�ender 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 rerriedy 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 or by statute. Every power or remedy given by the Note or �ny of the Helated pacuments.
<br />to Trustee ar Lender or to which either of them may be vtherwise entitled, may be exercised, concurrently or independentfy; 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 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 pf Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare 7rustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustpr, on behalf of Trustor and Lender, hereby requests that a capy of any Notice of Default and a copy of eny
<br />Notice of Sale undsr this Deed of 7rust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fses; Expenses. If Lender institutes any suit or action to enforce any of the terms pf this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as ettorneys' fees at trial end upon any appeal. Whether or not any
<br />court action is invvlved, and to the extent not prohibited by I�w, af� reesonabla expenses Lender- incors that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall 6enome a part of the Indebtedness payabla
<br />on demand and shall bear interest at tha Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however suhject to any limits undsr applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />� � 1 whether or not there is a lawsuit, including attorneys' fees and expenses for 6ankruptcy proceedings (including efforts tn modify or
<br />t�� vacate any au#omatic stay or injunctionl, appeals, and any anticipatad past-judgment collection services, the cost af searching
<br />nn_/ records, nbtaining title reports (including foreclosure reportsl, survayors' reports, and appraisal fees, title insurance, and fees for the
<br />C� w�� 7rustee, to the extent permitted by applicable lew. Trustor also will pay any court nosts, in addition to sll other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powars of Trustee. In addition to all powers of Trustee al'ising as a mattet of law, 7rustee shall have the power to take the following
<br />actinns with respect to the Property upon the written request of Lender and Trustnr: (a) join in prepering and filing a map or plat of
<br />the Real Property, including #he dedication of strsets 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 any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender undar this Deed of Trust.
<br />Trustee. Trustee shell meet all qualifications required for Trustee under applicable law. In addition to the rights end remedies sat
<br />forth above, with respect tv all nr any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
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