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. DEED OF TRUST <br />Loan No. 101237344 (Continuedl � O 1 � Q ���� pe9a 6 <br />covenants hereof; and <br />(c) beliver 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 T'rustee ahall cause to be duly filed for record in the <br />appropriate affices of the County in which the Property is (ocated; end <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 Sale. If Lender elects to foreclose by exercise of the Power nf Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence ot expenditures made and <br />secured 6y this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such nntice from Lender, Trustee shall esuse to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sale as then required 6y law and by this Deed of Trust. Trustee shall, without demand on <br />7rustor, after such time as may then be required by law and after recordation pf such Notice of Default and after Notioe of <br />Sale having been givan 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 saparate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawfu► money of the United 5tates payable at the time of sale. <br />Trustee shall deliver to such purchaser ar purchasers thereof its good and sufficient deed or deeds conveying the proparty so <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 the truthfulness thereof. Any perspn, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, faes and expenses of 7rustee and af this Trust, including costs nf <br />evidence of title in cannection with sale, 7rustee shall apply the proceeds of sala to payment of (i) all sums expended under <br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest <br />and late charges, 1ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person nr persons legally <br />entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale 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 othar agreement or any laws npw pr hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured 6y this Deed of Trust may now or hereafter be otherwise secured, whether <br />by martgage, deed of trust, pledge, lien, assignmant or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court ection pr pursuant to the power pf 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 realize upon or enforce any other security now or hersafter held 6y Trustee 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 by Lender or Trustee in such order and manner as they or either of them mey in their absolute discretion determine. No <br />remedy conferred upon pr reserved to 7rustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by <br />law providad 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 Note 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, frnm time <br />to tima snd as often as may be deamsd expedient by Trustee or Lender, and either of them may pursue incnnsistent remedies. <br />Nothing in this Deed of Trust shall pe construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. Election py Lsnder ta pursue any remedy shall not exclude pursuit of any other remedy, and <br />an election ta make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure <br />to perfarm, shall not affect Lender's right ta declare a default and exercisa its remedies. <br />Raquest 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 />Notice of Sale under this Daed of Trust 6e mailed to them at the addresses set forth in the first paragrsph af this Deed of 7rust. <br />Attorneys' Fees; �xpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be <br />entitled to recover such sum as the court may adjudga reesonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />court action is involved, and to the extent not prohibited by law, all reasonsble expenses Lender incurs that in Lender's opininn are <br />nacessary at any time for the protectipn of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shsll bear interest at the Note rate frpm the date of the expenditure until repaid. Expanses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attarneys' fses and Lender's legal expenses, <br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts ta modify or <br />vacate any automatic stay ar injunction►, appeals, and any anticipeted post-judgment collection services, the cost af searching <br />records, obtaining ti#le reports (including foreclasura repprts►, surveyors' reports, and appraisal fees, #itle insurance, and fees for the <br />Trustee, to the extent permitted by spplicable law. Trustor also will pay any court costs, in addition to all other sums provided by <br />law. <br />Rights of Trustee. Trustae shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND 08LIGATIpNS OF TRUSTEE. The following provisions relating ta the powers and obligations of Trustea are part of this <br />Deed pf TruBt: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following <br />actions with respect to the Proparty upon the written request of Lender and Trustar: (a) join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other righta ta the pu6lic; (b) join in granting any easement or creating any <br />restriction on the Real Property; and (c) join in any subnrdination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this Deed of Trust. <br />