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DEED OF TRUST � Q�� 0 7"� O 0�
<br />Loan No: 101244688 (Continued) Page 7
<br />deems necessery or desirable to preserve the value, ma�ketability or rentabi(ity of the Property, or part of
<br />the Property or interest in the Property; increase the Income from the Property or protect the security of
<br />the Property; end, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, issues and profits of the Property, including those past due and unpald, and appty the saMe, less
<br />costs and expenses ot operation and collectlon attorneys' 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, end the application thereof shall not cure or
<br />waive a�y default or notice of default under this Deed of Trust or invelidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuence in possession of
<br />the Property or the collectton, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />be entltled 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 es e mortgage, appoint a receiver or specifically
<br />enforce any of the oovenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand tor 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 ceuse to be
<br />duly filed for record in the eppropriate offices of the County in which the Property fa located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights end remedies
<br />of a secured party under the Nebraska Unftorm Commercial Code.
<br />Foreciosure by Power of Sale. If Lender elects to foreclose by exerc(se of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shell deposit with Trustee this Deed of 7rust and the Note and such receipts
<br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(s) Upon receipt of such notice from Lender, Trustee shal( cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by lew and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, aftar such time es may then be required by lew end after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by Isw, sell
<br />the Property at the tlme and place of sale tixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items es Trustee shall deem expedient, and in such order es it may determine,
<br />at public auction to the highest bidder for cash in lawfu( money of the United States payable at the time
<br />of sale. Trustee shall dellver to such purchaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, fncludin8 without Iimitetion Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As mey 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 eccrued interest and late charges, (fi) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legelly 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 end Lender, and each of them, shall be entitled to enforce paymant and
<br />performance of any indebtedness or obligationa secured by this Deed of Trust end to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under eny of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such tndebtedness and obiigetions secured by
<br />this Deed of Trust mey now or hereafter be othe►wise secured, whether by mortgege, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither 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 ar Lander's right to realize upon or enforce any other aecurity now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustea and Lender, and each of them, shall be entitled to enforce this 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 dlscretlon determina. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of eny other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be (n addition to every other remedy gtven in this Desd oi Trust or now or
<br />hereafter existing at lew or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lendar or to which either of them mey be otherwise entitled, mey be exercised,
<br />concurrently or independentfy, from time to time and as often as may be deemed expedient by Trusiee or Lender,
<br />and either of them may pursue inconsistent remediea. Nothing in this Desd of Trust shatl be construed as
<br />prohibiting Lender from seeking a deficiency judgment egainst the Trustor to the extent such action is permitted by
<br />law. Electlon by Lender to pursue eny remedy shall not exclude pursuit ot any other remedy, end an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, efter Trustor's
<br />failure to perform, shall not affect Lender's right to declare e default and exercise its ramedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and e copy of eny IVotice of Sale under thia Deed ot Trust be malled to them at the addresses set forth in the first
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