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ti�� R� �,.`'� r �:` " DEED OF TRUST 2 0110 3 4 0 G
<br />Loan No: 101240035 (Continued)
<br />Page 6
<br />profits, and the epplication thereof shell not cure or waive any dafault or notice of default under this Deed of Trust or
<br />invalidate any act dane (n 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 or by law upon the
<br />occurrence of any event of defautt, including the right to exercise the power of sale;
<br />(b) Commence en 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 declaretion of default and demend for sale end 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 ia located; end
<br />(d) With respect to all or eny 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 of Sale herein contained, Lender shell notify
<br />Trustee end shall deposit with Trustee this Deed of Trust end 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 ahell cause to be recorded, published and delivered to Trustor such
<br />Notice of Detault and Notice of Sele es then required by law and by this Deed of Trust. Trustee shall, wlthout demend on
<br />Trustor, after such time as may then be required by law and efter recordation of such Notice of Defautt and after Notice of
<br />Sale having been given as required by law, sell the Property et the time end place of sele 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, end 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 eny 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 limitation Trustor, Trustee, or Lender, may
<br />purchase at such sele.
<br />(b) As may be permitted by law, after deducting all casts, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall epply the proceeds of sele to payment of ii) 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 eccrued intereat
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if eny, to the person or persons �egelly
<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 end to exercise all rights end powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under eny other egreement or any taws now or hereafter in force; notwithstending,
<br />some or all of such indebtedness and obligatlons secured by this Deed of Truat may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, ptedge, lien, assignment or otherwise: Neither the ecceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sele or other powers contained in this Deed of Trust, shall prejudice or in any
<br />menner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, end each of them, shall be entitled to enforce this Deed of Trust end any other security now or
<br />hereafter held by Lender or Trustee in such order end menner ae they or either of them may in their ebsolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lendar, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but eech 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, from time
<br />to time end as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in thia Deed of Trust shall be construed es prohibiting Lender from seeking a deficiency judgment ageinst the Trustor to the
<br />extent such ection is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, end
<br />en election to meke expenditures or to teke action to perform en obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declere e defautt and exercise Its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests thet e copy of any Notice of Default and e copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Feea; Expenses. If Lender lnstitutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shell be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial end upon any appeal. Whether or not any
<br />court ection is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs thet (n Lender's opinion are
<br />necessery at any time for the protection of its interest or the enforcement of its rlghts shall become a part of the Indebtedness peyable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure unttl repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any timits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lewsuit, including attorneys' fees and expenses for benkruptcy proceedings (including efforts to modify or
<br />vacate eny automatic stay or injunction), appeals, and eny anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurence, end fees for the
<br />Trustee, 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 Trustee. Trustee shall have all of the rights and dutfea of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee ere part of this
<br />Deed ot Trust:
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