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DEED OF TRUST
<br />Loan Nt►: 101237�44 (Cdntlnued) 2 p.i p 0 9 4 S� P a9B �
<br />(d) With respect to all or any part of the Persnnal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Unifarm Commercial Code.
<br />Foreclpsure 6y Power of Sale. If Lender elects ta foreclose by exercise of ths Power of Sale herein contsined, Lender shall notify
<br />7rustee 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 7rustor such
<br />Notice of befault and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, withnut demand on
<br />Trustor, after such time as may then be requirad by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sele fixed by it in such Notice of 5ale,
<br />aither as a whple, or in separate lots nr parcels or items as Trustee shall deem expedient, and in such arder as it may
<br />determine, at public auction to the highest bidder fpr cash in lawful money af the United States payable et the time af sele.
<br />Trustee shall deliver to such purchaser or purchasers therepf its good and sufficient deed or deeds conveying the property so
<br />sold, but without eny covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />canclusive proof of the truthfulness thereof. Any person, including wifhout limitation Trustor, Trustee, ar Lender, may
<br />purchase at such sale,
<br />(b) As may be permitted by law, after dedwcting 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 #his Deed nf Trust or under the terms nf the Note not then repaid, including 6ut not limited to eccrued interest
<br />and lata charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereta.
<br />(c) Trustee mey in the manner providad by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee end Lender, and each of them, shall be entitled ta enforce peyment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Daed of Trust, under the
<br />Note, under any of the Related Documents, or undar any other agreement or any laws npw or hereafter in force; notwithstanding,
<br />some ar all pf such indebtedness and obligations secured by this Deed of Trust may now ar hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Desd of Trust nqr its enforcement,
<br />whether by court actipn or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Truatee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lander, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enfprce this Deed of Trust and any other security now ar
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy canferred upon or reservad to Trustee ar Lender, is intended to be exclusive af any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative end shall be in additian to evary other remedy given in this Deed of Trust or
<br />naw or hereafter existing at law or in equity or by statute. Every pawer or remedy given by the Note or any of the Related Documents
<br />to 7rustee or Lender or to which either of them may be otherwise entitled, may be exercisad, concurrently or indepsndently, from time
<br />to time and as often as may be deemed expedient 6y Trustee or l.ender, 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 to the
<br />extent such ection 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 to perform an obligation of Trustor under #his Deed of Trust, after 7rustor's failure
<br />to perform, shall nat affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, pn behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sala under this Daed of Trust be mailed to them at the addressas set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit ar action to enforce any of the terms of this Deed of Trust, l.ender shall be
<br />entitled to racover such sum as the court may adjudge raasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court ection is involved, and to tha extent not prphibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the prptection of its interest or the enfprcement of its rights shall become a part of tha Indebtedness payable
<br />on demand and shall bear intsrest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this psragraph
<br />include, without limitetion, however subject to any limits under applicable law, Lander's attorneys' fees and Lender's legal expenses,
<br />whether or npt there is a lawsuit, including ettorneys' fees and expenses for �enkruptcy proceedings (including efforts to modify or
<br />vacate any automatic stey or injunction►, appeals, and any anticipatsd post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, survayars' reports, and appraisal fees, title insurance, and fees far the
<br />Trustee, to the extent permitted by applicable lew. Trustor alsn will pay any court costs, in addition to all 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 TRUS7EE. The following provisions relating to the pawers and obligations af 7rustee are part of this
<br />Deed of Trust:
<br />Powers af 7rustea. In addition to all powers of Trustee arising as a matter of law, Trustee shell have the power to take the following
<br />actians with respect to the Property upon the written request nf Lender and Trustor: (a) join in prepsring and filing a map or plat of
<br />the Real Property, including the dedicstipn of streets or other rights to the public; (b) join in granting any easement nr creating any
<br />restriction on the Real Property; and (c) join in any subordination or other egreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />7rustee. Trustee shall meat all qualifications rsquired for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respact to all or any pert of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judiciel foreclosure, in either case in accordenca with and to the full extent provided by applicable
<br />lew.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appaint a successor Trustee to any Trustee appointed under
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