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D��D O� TRUST 2 010 0 9 8 0 0
<br />;, �,,.< c , (Corltlnuet�) Page 5
<br />(c) Deliver to Trustee a written declaration of default and demand far sale and a written notice of default and election to
<br />cause Trustor's interest in the Property [o 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 by Power of Sale. If Lender elects ta fpreclpse by exercise af the Pawer pf Ssle herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this beed of 7rust and the Note and such receipts and evidence nf 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 Trustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recorda[ion of such Notice of Defaul[ and after No[ice 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 separa[e 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 shell 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 proof of the truthfulness thereof. Any person, including without limitatibn 7rustor, 7rustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of ti[le 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 or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then sepured hereby, and (iii) the remainder, if any, to the person 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 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 peed of Trust and to exercise all rights end powers under this Deed of Trust, under the
<br />No#e, 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 obligatipns secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by morigage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptsnce of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale ar other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or l.ender's righ[ to realize upon or enforce any other security now or hereafter held by Trustee nr Lender, it
<br />6eing agreed that Trustee and Lender, and each of them, shall 6e 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 may in their absolute discretion determine. No
<br />remedy conferred upan or reserved ta Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addi[ion to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity ar by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trusiee 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 may pursue inconsistent remedies.
<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. Election by Lender to pursue any remedy shall npt exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an bbligation of Trustor under this Deed of 7rust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requesfs that a copy of any Notice of befault and a copy of any
<br />Notice of Sale under this �eed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed af 7rust.
<br />Attorneys' Fees; Expenses. 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 es the court may adjudge reasonable as a[torneys' fees at trial and upon any appeal, Whether or not any
<br />court actipn is involved, and to 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 iis interest or the enforcement of its rights shall 6ecome a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this parsgraph
<br />include, without limitation, however subject to any limits under appliceble law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings lincluding 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, pbtaining title reports (including foreclosure reports►, surveyors' repor#s, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the ext�nt permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums prqvid�d by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set fqrth in this section.
<br />POW�RS AND OBLIGATIONS OF 7RUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />�eed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter vf law, Trustee shall 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 pr plat of
<br />the Real Property, including the dedication of s#reets or other righ[s to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust ar the interest of
<br />Lender under this Deed of TrusY.
<br />Trustee. 7rustee shall meet all qualifications required for Trustee under applicable law. In additipn to the rights and remedies seY
<br />forth above, with respect ta all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have ihe right to foreclose by judicial foreclosure, in either case in accordance with and to the tull extent provided by applicable
<br />law.
<br />Succassor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustes appointed under
<br />this Deed of Trust by an instrument executed end acknowle�ged by Lender and recorded in the office of the racorder of HALL County,
<br />Sta.e of Nebraska. The instrumer�t shall contain, in addition tc alf other �r�atters required by sca'Ce law, th2 names of the brigira!
<br />Lender, Trustee, and 7ru5tor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficieries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NpTICES. Any notice required to be given under this Deed of 7rust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effec[ive when actually delivered, when actually received by [elefacsimile (unless otherwise
<br />required by Iaw1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified pr registered mail postage prepaid, direcied to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclasure from the holder of any lien which has priority over 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 this Deed of 7rust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees ta keep Lender informed at all times of Trus#or's curren[ address. Unless otherwise provided or required by law, if there is more
<br />than one Trustpr, any nptice given by Lender to any Trustor is deemed to be notice given ta all Trustors,
<br />MISCELLANE�US PROVISIONS. The following miscellaneous provisions are a part of this Peed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the eneire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of pr amendment to this Deed of Trust shall be effective unless
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