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Loan No: 101241889
<br />DEED OF TRUST 2 0 �- � 0 516 �
<br />(Continued)
<br />Page 6
<br />Acceleration Upon Defeult; Addiiionel Remedies. If eny Event ot Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare all lndebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />{a) Either in person or by egent, with or without bringing any action ar proceeding, or by e receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in tha name of Trustee, end do any acts which it deems necessery or desirable to preserve the value,
<br />merketabiliry or rentability of the Property, or part ot the Property or interest in the Property; increase the income ftom. the
<br />Property or protect the security of the Proparty; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and protits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attarneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determirte. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any detault or notice of default under this Deed ot Trust or
<br />invalidate eny act done in response to such default or pursuant to such notice of defauit; and, notwithstending the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or protits, Trustee or
<br />Lender shaii be entitled to exercise every right provided for in the Note or the Related bocuments or by law upon the
<br />occurrence of eny event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Dead of Trust as e mortgage, eppoint a receiver pr specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustes a written declaration of default and demand for sale and a written notice of default and election to
<br />cause 7rustor's interest in the Property to be soid, which notice Trustee shaU cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />id) With respect to all or any part of the Personal Proparty, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commerciai Code.
<br />Foreclosure 6y Power of Sale. It Lender elects to foreclose by exercise ot the Power of Sale herein conteined, Lender shall notiFy
<br />Trustee and shalt deposit with Trustee this Deed of Trust and the Note and such receipts end evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />1a? Upon racaipt of such notice from Lender, Trustee shall 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 pf Trust. Trustee shell, without demand on
<br />Trustor, after such time as may then be requirad by isw 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 safe fixed by it in such Notice of Sale,
<br />eitf�er 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 to the highest bidder for casti 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 any covenant or warranty, axpress or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proot of the truthfulness thereof. Any person, including without limitation Trustor, 7rustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permittad by law, after deducting all costs, fees and expenses of Trustee and of this Trust, inctuding costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sa(e to payment of (i? all sums expended under
<br />the terms of this Deed of Trust or under the terms ot tha Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) ell other sums then secured hereby, and liii? the remainder, if eny, to tha person or persons IegaUy
<br />entitled thereto.
<br />ic) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Facclusive. Trustee and Lender, and each of them, shall ba entitled to enforce payment and performance of any
<br />indebtedness or o6(igations 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 eny ►aws now or hereafter in force; notwithstending,
<br />some or all of such indebtedness and obiigations secured by this Deed of Trust may now or hereafker ba otherwise secured, whether
<br />by mortgage, dead of trust, pledga, 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 sele or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affact 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 #hat 7rustee and Lender, and each of them, shali be entit(ed to enforce this Deed of Trust and any other secur'rry now or
<br />hereafter held by Lender or Trustee in such order end manner as they or either of them mey in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive ot any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative end 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 ot them mey be atherwise entitled, may be exarcised, concurrently or independently, ftom 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 shell ba construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. E(ection by Lender to pursue eny remedy sha(I not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to pertorm an obligetion of Trustor under this Deed of Trust, after Trustor's feilure
<br />to perform, shall not affect Lender's right fio dectare a detault and exercise its remedies.
<br />Reques# for Notice. Trustor, on behalf of Trustor and Lender, hereby requests thet 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 addresses set fortfi in the first paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender institutes any suit or ection to entorce any of the fierms of this beed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasoneble as attorneys' fees at trial and upon any eppeal. Whether or not any
<br />court action is invo(ved, and to the extent not prohibited by law, all reasonable expenses Lender incurs thet in Lender`s opinion are
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