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�� I � � �� -� �� <br />_� � <br />DEED OF TRUST <br />Loan No: 101242552 (Continued� <br />Page 6 <br />(cy 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 Propem/ to be sotd, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is Iocated; and <br />(d) �th respect to all or any part of the Personal Property, Lender shall have all the rights end remedies of a secured perty <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 shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidenca 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 shell 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 recordetion of such Notice of Default and efter 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 ofi Sale, <br />either as a whole, or in seperate Iots or percels or items as Trustee shaN 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, 6ut without any covanant or warrenty, 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 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 title in connection with sale, Trustee shall apply the proceeds of sele 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 i�ii) the remainder, if any, to the person or persans legally <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 F�cclusive. Trustee and Lender, and each of them, shall be entitlad to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and 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 hereefter in force; notwithstanding, <br />some or all of such lndebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, 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 Trustae or Lender, it <br />being agreed that Trustee and Lender, and each of them, shall be 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 upon or reserved to Trustee or Lender, is intended to be exclusive of at�y other remedy in this Deed 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 hereafter existing at law or in equity or by stetute. 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 and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. <br />Nothing in this Dead of Trust shall be construed as prohibiting Lender from seeki�g a deficiency judgment against the Trustor 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 obligation of Trustor under this Deed of Trust, after Trustor's failure <br />to perform, shall not affect Lende�'s right to declare a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that e 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 addresses set forth in the first paragraph of this Deed of Trust. <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 as the court m�y adjudgo reasonable es attorneys' fees at trial and upon any appeal. Whether ar not eny <br />court action is involved, and to the extent not prohibited by law, all reasonabla expenses Lender incurs tfiat in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall 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. Expenses covered by this paregraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' feas and Lender's legel expenses, <br />whettter ar not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or <br />vacate any automatic stsy or injunction), appeals, and any anticipated post judgment collection services, the cost of searching <br />records, obtaining title reports lincluding foreclosure reports), surveyors' reports, end appraisal fees, title insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Trustor aiso will pay any court costs, in addition to all other sums provided by <br />law. <br />Rights af Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obiigations of Trustee are part of this <br />Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of lew, 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 or plat of <br />the Real Property, including the dedication of streats or other rights to the public; ib) join in grenting 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 or the interest of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shali meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, tF1e Trustee shall have the right to foreclose by notice and sale, and Lender <br />