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DEED OF TRUST 2 0110 012 5
<br />(Cantinued) �age 5
<br />own name or in the name of Trustee, and do any acts which it deems necessary pr desirable to preserve tha value,
<br />marketability or rentability of the Property, br part of the 1'roperty or interest in the Property; increase the income from the
<br />Prnperty 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 />expenses of operation and coll�ction attomays' fees, to any indebtedness securad by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possassion of the Property, the collection pf such rents, issues and
<br />profits, and the application thereof shall not cure nr waive any default or notice of default under this Deed of Trust or
<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, receipt and applicatiqn pf rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note ar the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of 7rust as a mortgage, appoint a receiver qr specifically enforce any of the
<br />covenants hereof;and
<br />(c) Deliver to Trustee a written decleretion of default and demand for sale and a written notice of default and election tp
<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 by Power of 5ale. If Lender elects to foreclose by exercise of the Power of 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 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 Trustor such
<br />Notice nf Default and Notice nf Sele as then required by law and by this Deed af Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordatiqn qf such Notica af Default 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 Notica 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 tp the highest bidder for cash in lawful money of the United States paya6le at the time of sale.
<br />Trustee shall daliver 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 pr implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, 7rustee, or Lender, may
<br />purchase at such sale.
<br />(b) As mey be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence nf title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the kerms of this D�ed 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 secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />eniitled thereto.
<br />(c) Trus[ee may in the manner provided 6y law pastpone 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 perfarmance of any
<br />indebtedness or obligations secured by this Deed of Trust and to axercisa all rights and powers under this Deed of Trust, undar th�
<br />Note, under any of tha Related bocuments, or under any other agreement ar any laws now ar hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be ptherwise s�cured, whether
<br />by martgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether 6y court action pr pursuant tv the power of sale or other powers contained in this Deed of 7rust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by 7rus#ee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall 6e entitled ta snforce 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 upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided ar permitted, but each shall be cumulative and shall be in addition to every other remedy given in this baed of Trust or
<br />nnw or hereafter existing at law or in equity or by statute. �very power or remedy given by the Nate or any of the Related Documents
<br />to Trustee or Lender nr to which either of them may be otherwise entitled, mey 6e exercised, concurrently or independently, from time
<br />to cime 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 l.ender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender tv pursue any remedy shall not exclude pursuit of any other ramedy, and
<br />an election to make expenditures or ta take action to perform an obligation of Trustor under this Deed of Trust, after Trustor"s failure
<br />to perform, shall not affect Lender's right to daclare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and l.ender, hereby requests that a capy of any Notice of Defeult and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed ta them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attornays' 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 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 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 its interest or the enfnrcement of its rights shsll become 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. �xpenses covered by this paragraph
<br />include, without limitation, however su6ject to any limits under applicable law, Lender"s attarneys' fees and Lender's legal expenses,
<br />whether or not thera is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, nbtaining title reports (including foreclosure reportsl, surveyars' reports, and appraisal fees, title insurance, and fees for the
<br />7rustse, 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 Trustea. Trustee shall have all of the rights and duties of l.ender as set forth in this section.
<br />POWERS AND peLIGATIqNS OF TRUSTEE. The following provisions relating to the powers and o6ligations of Trustee are part of this
<br />Peed of Trust:
<br />Powers ot 7rustee. 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 tn the Property upon the wri#ten request of Lender and Trustor. (a) join 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 grenting any easement or creating any
<br />restriction on the Real Praperty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lendar under this Deed of Trust.
<br />7rustee. Trustee shall meet all qualifications required fqr Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part pf the Property, the 7rustee shall have the right to foreclose 6y notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and ta the full extent provided by applicable
<br />I�tw.
<br />Successor 7rustee. Lender, at Lender's option, may frnm time to time appoint a successor Trustee to any 7ruste� appointed under
<br />this Deed of Trusl by an instrument executed and acknpwledged by Lender and recorded in the pffice ot the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition ta all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recordad, and the name
<br />and eddress of the successor trustee, and the instrument shall be executed and ecknowledged by all the beneficiaries under this Deed
<br />af 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 substitutian of Trustee
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