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DEED OF TRUST 2 0�.10 4 9 6 5
<br />(Continued) Page 5
<br />Lender may determine. The entering upon and taking possession of the Property, the collectlon of such rants, issues and
<br />profits, and the epplication thereof shali not cure or 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 defauit; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and epplication of rents, issues or profits, Trustae or
<br />Lender shall ba 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 default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint e receiver or specifically enforce any of the
<br />covenants hereof; and
<br />Ic) Deliver to Trustee e written declaration of default and demand for sele and e 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 is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and ramadies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Fo�eclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein conteined, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and tha Note end such receipts and evidence of expenditures made end
<br />secured by this Deed of Trust as Trustee may requlre.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Qefeult end Notice of Sale as then required by law and by this Deed of Trust. Trustee shell, without demand on
<br />Trustor, after such time as may then be required by law and aftar recordation of such Notice of Defauft 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 seperete lots or parcels or items as Trustee shall deem expedient, and in such order as it mey
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payabie at the time of sale.
<br />Trustee shall defiver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covanant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulnass thereof. Any person, including withaut limitetion 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, Trustae shell 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 ta eccrued interest
<br />and late charges, Ui) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons Iegally
<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 Excluslve. 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 and to exercise all rights end powers under this Deed of Trust, undar 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 obligations secured by this Desd 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 af 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 Trustee 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 arder 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 ramady in this Deed of Trust or by
<br />Iaw provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed ot Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or eny 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 es 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 Lendar 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 not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to 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 declare a default and exarcise its remedies.
<br />Request fpr Notice. Trustor, on behalf of 7rustor and Lender, hereby �equests that a copy of any Notice of Default and a copy of eny
<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 />Attarneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of 7rust, Lender shall ba
<br />entitled to recover such sum as the court may edjudge reasoneble as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, end to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessery 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 paragraph
<br />include, without Ilmitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lander's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings iincluding efforts to modify or
<br />vacate any automatic stay or injunctianl, appeals, and any anticipated post-judgment aollection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insu�ance, and fees for the
<br />Trustee, to tha axtent permitted by appiicable 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 duties of Lender as set forth in this saction.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a metter of 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 or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting eny easement or creating any
<br />restriction on the fteal 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 shall meet all qualifications required for Trustee under appiicabte law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have tha right to foreclose by judicial foreciosure, in either case in accordance with and to the fu�l extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint e successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and ecknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrumant shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and pege (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 beneficiaries under this Deed
<br />of Trust or their successors in intarast. 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 />shsll govern to tfie exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective whan ectually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in tha United States mail, as
<br />first class, certified or registered mail postage prepeid, directed to the addresses shown near the beginning of this Deed of Trust. All
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