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DEED OF TRUST � Q 1 Q Q��$'�
<br />(Cantinued) Page 6
<br />cause Trustor's interest in the Property to be spld, which natice Trustee shall cause to.be duly filed for recard in the
<br />appropriate affices of the County in which the Prpperty 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 Nebrsska Uniform Commercial Code.
<br />Foreclosure by Power af Sale. If l�ender elects to toreclose by exercise of the Power pf Sale herein contained, Lender shall notity
<br />Trustee end 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, 7rustee shall cause to 6e recorded, published and delivered to Trustor such
<br />Notice of Default and Notice af Sale as then required by law and by this [7eed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after racordation of such Notice af 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 Natice of Sale,
<br />either as a whvle, or in ssparate lots or parcels or items as Trustee shall deam expedient, and in such order as it may
<br />determine, at public auctian to the highast bidder for cash in lawful money of the United Stetes payable at the time of sale.
<br />Trustee shall deliver ta such purchaser or purchasers therepf its good and sufficient deed or deeds conveying the property so
<br />sold, but withaut any covenant or warranty, express ar implied. The recitals in such deed nf any matters or facts shall be
<br />conclusive proof of the #ruthfulness thereof. Any person, including without limitation Trustor, Trustae, or Lender, may
<br />purchase et such sale.
<br />(b) As may be permitted by law, after deducting all casts, fees and expenses of Trustea �nd of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee ahall apply the proceeds of sele to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note nat then repaid, including but not limited to acerued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if �ny, to the person or persons legally
<br />entitled thereto.
<br />(c) Trust�e may in the menner provided k�y law postpone sale of all or any portipn 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 pr pbligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any pf the Related Documents, or under any nther agreement or any taws now or hereafter in force; notwithstanding,
<br />soma or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter he otherwise secured, whether
<br />by mortgage, deed af trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its entorcament,
<br />whether hy court activn or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice ar in any
<br />manner affect Trustae's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee ar Lender, it
<br />being agreed that 7rustee and Lender, and each of them, shall be entitled to enfprce this Deed of Trust and any other security nnw or
<br />hereafter held by Lender or Trustee in such order and manner as they or either af them mey in their absolute discretion determine. Np
<br />remedy conferred upnn or reserved to Trustee or Lender, is intsnded to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumula[ive 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 ar by statute. Every power or remedy given hy the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of thBm may be otherwise entitled, may be exercised, concurrently or independently, trom time
<br />to time and as otten as may l�e 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 prohihiting Lender from seeking e deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. �lection by Lender to pursue any remedy shall not exclude pursuit of any nther remedy, and
<br />an election to make expenditures or to take action to perfnrm an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to psrform, shall nat 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 any Notice of Default and a copy of any
<br />No#ice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed af Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to entorca any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recaver such sum as the court may adjudge reasanable as attomeys' fees at trial and upan any appeal. Whather 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 protectian of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand end shall bear interest at the Note rate from the date of the expenditure until rapaid. Expenses cavered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' feas and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' tees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated past-judgment collectiqn services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, 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 casts, in addition to all other sums provided 6y
<br />law.
<br />Rights af Trustee. Trustee shall have all of the rights and duties of Lender es set forth in this section.
<br />POWERS AND OBI.IGATIONS OF TflUSTEE. The following provisions relating to the pawers and obligations af Trustee are part of this
<br />Deed of Trust:
<br />Pnwers of Trustee. In addition to all powers of Trustee arising es a matter of law, Trus[ee shell have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor. (a) join in preparing and filing a map or plat of
<br />the Real Proparty, including the dedication of streets or other rights to the public; (b) join in granting �y easement or creating any
<br />restriction vn the Real Property; and (c) join in any subordination or othar agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />7rustee. 7rustee shall meet all qualifications required for Trustee under applicable law. In addition tv the rights and remedies set
<br />forth above, with respect ta all or any part of the Property, the Trustee shall have the right to foreclose by nntice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
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