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, ,� �, :; ; , DEED OF'TRUST �O iOUS�3�
<br />(Continued) Page 4
<br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding bslance, �
<br />Ottter Defaults. Trustor's act or failure to act adversely affects Lender's security interest in the Property, pr any right of Lender's in
<br />such security:
<br />RI(3HTS AND REME�IES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at �ny time thereafter, Trustee or Lender
<br />may exerdse any one or more of the fpllowing rights and remedies:
<br />Acceleration Upon Default; Addltlonal Remedies. If any Everit af Default occurs as per the terms of the Note secured hereby,
<br />Lerxfer may dedare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall t}iereupon becar�e
<br />due and payable without any presentrnent, 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 prooeeding, or by a receiver appointed by a court and
<br />without regarci to the adequary of its securiry, enter upon and take possession of the Properry, or any part thereaf, in its
<br />own name or in the name of Trustee, and do any acts which it deerris neoessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Properly or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or wfthout taking pnssession of the Property, sue fnr or pthervvise
<br />callect the rents, issues and profits of the Property, induding those past due and unpaid, and apply the same, less a�sts and
<br />e�enses of operation and collection attnmeys' fees, to any indebtedriess secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possessinn nf the Property, the collection of such rents, issues and
<br />profits, and the applicaTion thereqf shall not cure or waive any default or notice of def�ult under this Deed of T'rust or
<br />invalidate any act done in response to such default or pursuant to such notioe 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 exerase every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of defauit, inGuding the right to exerase the power of s�le;
<br />(b) Commence an action to foreclose this Deed of Trust as a mor4gage, appoint a reoeiver or speciflcally enforce any of the
<br />covenants her�eof; and
<br />(c) Deliver to Trustee a written deGaration 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 recqrd in the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) Wfth rrespect to all or any part of the Personal Prpperty, Lender shail have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Gommercial Code,
<br />Foreclosure by Power of 5ale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lerxler shall notify
<br />Trustee and shall depasit 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) U�n rec.eipt of such notice from Lender, trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law artd by this Deed of Trust. TrusYee shall, without derr�and on
<br />Tru5tor, 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 L�y law, s�ll the Property at the time and place of sale fixed by it in such Notice of 5ale,
<br />either as a whole, or in separate lots or paroels or items as Trustee shall deern e�edient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash In lawful money of the United States payable at the time of sale.
<br />Trustee shail deliver to such purchaser or purchasers thereof its good and sufflcient deed or deeds conveying the property so
<br />sold, but without any wvenant or warranty, express or implied. The recitals In such deed of any matters or facts shall be
<br />condusive proof of the truthfuiness thereof. Any person, induding without Iimitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses pf Trustee and of this Trust, inGuding costs of
<br />evidence of title in connection with sale, Trustee shall apply the proaeeds of sale to payment of (i) all sums ea�ended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, induding but not Iimited to acaued interest
<br />and late charges, (ii) all other sums then sacured hereby, and (iii) the remainder, if any, to the person br persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law posTppne sale of all or any pprtion of the F'roperty.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall he entitled to enforce payment and performance of any
<br />inde6tedness or obligations secured by this Deed Of Trust and to exerdse all rights and powers under this Deed of 7rust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and vbligations secured by this Deed af Trust may naw or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of 'frust 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 nr Lender's right to realize upon or enforce any other security now or hereafter held by 7rustee or Lender, it
<br />being 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 �y L�nder 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 he exclusive of any other remedy in this Deed of 7rust 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 or in equity or by statute. Every power or remedy given by the Noke or any of the Related Documents
<br />to Trustee or 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 rt�ay pursue incpnsistent rem�dies.
<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 />�lection of �temedfes. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decidea to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lenders right to declare Trustor in default and to exerclse Lender's remedies.
<br />Request for Notfce. Trustor, pn behalf of 7rustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this peed of 7rust be mailed to them at �h_e addresses set forth in the first paragraph of this beed of Trust.
<br />Attorn�ya' Faos; Expianses. If Ler�der inatitutes arry sult ar action to enforoe any of the terms of this Deed of trust, Lender shall be
<br />entitled ta recover such sum as the court may adJudge r�sor►able as attorneys' fees �t trial and upon any �ppeal. V1�hether or nat any
<br />court action is involved, artd to the extent not prohibited by law, all reasonabie e�enses Lender incurs that in Lender's opinfon are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part af the Indebtedness payable
<br />on demarxl and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />inGude, without limitation, however subject to any �imlts under applicable law, Lenders attorneys' fees arxl Lender's legal expenses,
<br />whether or not there is a lawsuit, induding attorneys' fees arld e�enses for bankrupkcy prpceedings (inGuding efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post Judgment collection services, the cost of searching
<br />records, obtaining title reports (inGuding foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees tor the
<br />Truste�, to the extent permitted by applicable law. Trustor alsn will pay any court costs, in addition to ali 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 OBLIGATIQNS OF TRUSTEE. The fnllowfng provisions relating to the powers and o�ligations of Trustee are part nf this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers af Trustee arising as a matter of law, Trustee shail 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 Property, including the dedication of streets or other rights to the public; (b) jqin in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any suhordination or other agreement affecting this Deed of Trust or the interest of
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