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Loan No: 810088 DEED OF TRUST 2 010 o s 41 s
<br />(Continued) Page 5
<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, recsipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the No#e or the Related Documents or by law upon the
<br />nccurrence of any event of default, including the right to exarcise the power of sale;
<br />(6) Cammence an action to forsclose this beed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) beliver to Trustee a writ#en declaration of default and demand for sale and a written natice 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 locatad; 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 tha Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose hy exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this beed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this beed nf Trust as 7rustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to 6e recorded, pu6lished and delivered to Trustor such
<br />Notice of pefault and Notice of Sale as then required by law and by this beed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may thsn be required by law and af#er recordation of such Notice of befault 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 lots or parcels or i#ems as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawiul money of the United 5tates payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasera 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 dsed of any matters or facts shail k�e
<br />conclusive proof of the truthfulness therevf. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase a# such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and exper�ses of 7rustee 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 ar under the terms of the Note not then repaid, including but nat limited to accrued interest
<br />and la#e 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) 7rustee may in the manner provided by law postpane sale of all or any portion of the Property.
<br />Fiemedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled tn enforce payment and parformance of any
<br />inde6tedness 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 bocuments, or under any other agreement or any laws now or hereafter in farce; notwithstanding,
<br />soma or all of such indebtedness and nbligations 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 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 raalize 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 enti#led to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or T'rustee in such order and manner as they or either of them may in their a6solute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this peed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition tn every other remedy given in this Deed of Trust or
<br />now ar hereafter existing at law or in equi#y or by statute. Every power or remedy given by the Note or any of the Related bocuments
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from tima
<br />to tima 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 7rust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor ta the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make axpenditures or to take action tp perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for No#ice. Trustor, on behalf of Trustor and Lender, hareby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this peed of Trust be mailed to them at the addressss set fprth in the first paragraph of this beed of Trust.
<br />Attorneys' Fees; Expenses. It Lender institutes any suit or action ta enforce any of the terms of this beed 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 ta 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 ot its rights shall become a part af the Indebtedness payable
<br />on demand and shall bear interest et the Note rate from the date of the expenditure until repaid. Expenses cnvered by khis paragraph
<br />include, without limitation, however subject to any limits under applica6le law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or nnt there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated past-judgment collection services, the cost of searching
<br />records, obtaining title reports (including toreclosure 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 costs, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all nf 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 />Powers of Trustee. In addition tv all powers of Trustee arising as a matter of law, Trustae shall hsve the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) jain 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► join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordinatian or other agreement affecting this Deed of Trust or the interest of
<br />Lendsr under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applica6le law. In addition to the rights and remedies set
<br />forth a6ovs, with respect to all or any part af the Property, the Trustee shall have the right to foreclose by notice 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
<br />law.
<br />Successdr 'Trustee. Lender, at Lender's pption, may from time ta time apppint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executsd snd acknowledged by Lender and recorded in the office of the recorder of HALL Gounty,
<br />5tate of Nebrsska. The instrument shall contain, in addition to all othar matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the bonk and page (or computer system reference) where this Deed of Trust is rPCOrded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successnr trustee, wi#hout conveyance of the Property, shall succeed to all the title,
<br />power, and duties ennferred upon the Trustee in this Deed qf 7rust and by applicabie law. This procedure for substitutian of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NQ'TICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of dafault and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in #he United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this peed of Trust. All
<br />copies of notices of foreclosure from the holder pf any lien which has priority vver this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under tl�islD��c� pf,Trqstpby'giving formal
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