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DEED OF TRUST `� Q i Q� 9 s 9�
<br />Loan No: 1q1237Q$9 (COntIClUed) Page 5
<br />practical.
<br />RIGHTS AND REMEUIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleratian Upon Default; Additional Remedies. If any Even.t of pefault occurs as per the terms af the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of 7rust to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, prptest or nptice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard ta the adequacy of its security, enter upon and take possession pf the Prpperty, or any part thereof, in its
<br />own neme or in the name of Trustee, and da any acts which it daems nenessary pr desireble to preserve the value,
<br />merketability or rentability of the Property, or pert of the Property or interest in the Property; increase the income from the
<br />Proper[y or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />axpenses vf operation and cpllectipn attorneys' fees, to any indebtedness secured by this Deed of 7rust, all in such order as
<br />Lender may determine. The entering upon and taking possession pf the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalida[e 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, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents ar by law upon the
<br />accurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaratipn 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 record in the
<br />appropriate offices of the County in which the Property 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 Nebraska Uniform Commercial Code.
<br />Foreclosure 6y Power of Sale. If Lender elects to fvreclose by exerciss vf the Power of Sale herein conteined, 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 by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt pf such notioe frpm Lender, Trustee shall cause to be recorded, published �nd delivsred to Trustor such
<br />Notice of Def�ult and Notice bf Sale as then required by law and by this Deed of TruSt. Trustee shall, without demend on
<br />Trustor, after such time as may then be required by law and after recvrdation 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 ot sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate 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 lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers 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 deed of any matters or facts shall be
<br />conclusive propf of the truthfulness theraof. Any person, including without limitatian Trustar, Trustee, or Lender, may
<br />purchese at such sale.
<br />(b) As may be permitted by law, aTter deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence af title in connectian with sale, 7rustee shall apply the proceeds of sale to payment of �i) all sums expended under
<br />the terms of this Deed bf Trust or undar tha terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and liii) the remainder, if 8ny, to the parson or persons legally
<br />entitled thereta.
<br />(c► Trustee may in the manner provided by law postpone sale of all or any portion of the Prvperty.
<br />Ramedies Not Exclusive. 7rustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />inde6tedness ar obligations secured by this Deed of Trust and to exercise all rights and powers under this beed af 7rust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereatter in force; notwithstending,
<br />some or all of such indebtedness and obligations secured by this Deed oi Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed af trust, pledge, lien, assignment or atherwise. Neither the acceptance of this I]eed of Trust nor its enforcement,
<br />whethsr by court action or pursuant ta the power of sale or ather powers contained in this beed of Trust, shall prejudice ar in any
<br />manner affect Trustee's pr Lender's right to realize upon or enforce any other security now or hereafter hald by `frustee or Lender, i#
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to anforce this Deed of Trust end any other security now or
<br />hereafter held by Lender or Trustee in such order and menner 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 be exclusive of any other remedy in this �eed of Trust 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 hereaher existing at law or in squity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender pr to which either pf them may he otherwise entitled, may be exercised, cancurrently pr independently, Prom time
<br />to time and as often as may be deemed expedient by Trustes or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohi6iting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money ar ta perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lendar will not affect Lender's right to declare 7rustor in default and to exercise Lender's remedies.
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