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DEED OF TRUST �,
<br />(Continued) � � 0110 6 6 4 4 Page s
<br />the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
<br />or any suit or other action is commenced to foreclose any existing lien on the Property.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defautt occurs under this Deed of Trust, at any time thereafter,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; AddiUonal Remedies. If any Event of Default occurs as per the terms of the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br />the same shatl thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without brfnging any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession
<br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketabflity or rentability of the Property, or part of
<br />the Property or interest in the Property; fncrease the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for .or otherwise collect the
<br />' rents, issues and profYs of the Pro�2rty, including those'past due and unpaid, �nd apply the same, less
<br />costs and expenses of operation and collection attomeys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the
<br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />be entiUed 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, (ncluding the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speciflcally
<br />enforce any of the covenants hereof, and
<br />(c) Deliuer to Trustee a written declaration of default and demand for sale and a written notice of default
<br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br />duly filed for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any park of the Pe[so�al Property, Lender shall have all the rights and remedfes
<br />of a secured party 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,
<br />Lender sFtall notify Trustee artd shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expendftures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and deBvered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordatfon of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bldder for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purehaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying ihe properly' so sold, but without any cuv�nant or warranty, $xpr�ss �rr, implied, 1 ne
<br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally 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
<br />pertormance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust; under the Note, urlder any of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such fndebtedness and obtigations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, tien,
<br />assignment or othervvise. Nei4her the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />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
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce fhis Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy.given in this Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrenUy or independenUy, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency Judgment against the Trustor to the extent such action is permitted by
<br />law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulaUve and may be eicercised alone or
<br />together. If Lender decides to spend money or to pertorm any of Trustor's obligations under this Deed of Trust,
<br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default
<br />and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behaif of Trustor and Lender, hereby requests that a copy of any Notice of Defautt
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the flrst
<br />paragraph of this Deed of Trust
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or acUon to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entiUed to recover such sum as the court may adjudge reasonable as attorneys' fees at t�lal
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limlts under applicable Isw, Lender's attomeys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
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