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20i1oo352 �
<br />� '' " ' � � � � DEED OF TRUST
<br />Loan No: 101237452 (Continued) Page 6
<br />profits, and the applicetion therenf shall not cure or weive eny 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 af the Property or the collection, recaipt end application of rents, isswes or prpfits, Trustee nr
<br />Lender shall be entitled to axercise svary right prnvided for in the Note or the Related Documents or l�y law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commancs an sction to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce eny of the
<br />covenants hereof; and
<br />(c) Deliver 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 Trustee shall cause to be duly filed for record in tha
<br />appropriate offices of the County in which the Prdperty 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 harain contained, Lender shall notify
<br />Trustee and shall deposit wi#h Trustae this Desd of Trust and the Note end such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as 1"rustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall causa to be recorded, published and delivered to Trustor such
<br />Notice of qefault and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustar, after such time as may then be required 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 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 arder as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the Unitad States payable a# the time of sale.
<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 any cqvenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive praof pf the truthfulness thereof. Any person, including without limitation 7rustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses nf Trustee and of thfs Trust, including costs of
<br />evidence of title in connection with ssle, 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 secured hereby, and (iii) the remainder, if any, to the person ar perspns legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale af all pr any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance af any
<br />indebtedness or obligations secured by this Deed of Trust end to exercise all rights and powers under this Deed of Trust, under the
<br />Note, 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 pbligetions secured by this Deed of Trust may now or hereafter be atherwise secured, whether
<br />by mortgage, deed of trust, pledge, lisn, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whethar by court action nr pursuant to the power of sale or other powers contained in this Deed of 1"rust, shall prejudice ar in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security nnw pr hereafter held 6y Trustee or Lender, 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 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 to Trustee ar 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 additian 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 7rustee nr L„ender or to which either of them may be otherwise entitled, may be exercised, cancurrently nr 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 shsll be construed as prohibiting Lender from seeking a deficiency judgment against the 7rustor to the
<br />extent such action 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 expenditures or to take action to perform en pbligation of Trustor under this Deed of Trust, 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 af Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addressas set forth in the first paragraph of this Deed of Trust.
<br />Attprneys' Feas; Expenses. If Lender institutes any suit or action to enfprce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court mey edjudge reasonable as attorneys' fees at trial and upon any appeal. Whethar or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lander incurs that in Lender's opinion are
<br />necessery et any time for the protection of its interest or the enforcement af its rights shell become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate frpm the date of the expenditure until repaid. Expenses covered by this psragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whethsr or nnt there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vecate any automatic stay or injunctionl, appeals, and any anticipated pnst-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees fpr the
<br />7rustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to sll other sums prpvided 6y
<br />law.
<br />Rights of 7rustee. Trustee shell heve �II of the rights and duties of Lender as set forth in this sectinn.
<br />POW@RS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the pdwers and obligations of Trustee are part of this
<br />Deed of Trust:
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