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201108095
<br /> DEED OF TRUST
<br /> Loan No: 100003't2 (COY1tlnUed) Page 5
<br /> rents,issues and profits of the Property,including those past due and unpaid,and 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 coilection of such rents, issues and profits, and the applieation 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 tlefault 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,issuQS or profits,Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Related Documents or by law upon�the
<br /> occurrence ofi any event of default,including the right to exeroise the power of sale;
<br /> (b) Gommence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written declarati.on 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 TrusYee 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 ali or any part of the Personal Property,Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Povver of Sale. If Lender elects to foredose by exercise of the Power of Sale herein contained,
<br /> Lendet shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receip[of such notice from Lender,Trustee shall cause to be recorded;published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required 6y law and�by this Deed of Trust.
<br /> Trustee shail, without demand on Trustor, after such time as may then be requiYed by law and after
<br /> recordation of such Notice of Defauli 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 /> separete lots or parcels or items as Trustee shall deem expedient,and in such order as i[may determine,
<br /> ax public auction to the highest bidder for cash in lawful money of the United States payable at the time -
<br /> of sale. Trustee shall deliver 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 impfied. The
<br /> recitals in such deed of any matters or facts shall be conciusive proof of the truthfulness thereof. Any
<br /> person,including without limitation Trustor,Trustee,or Lentler,may purchase at such sale.
<br /> (b1 As may be permitted by law, after deducting ali 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 untlet the terms of this Deed of Trust or under the terms of the Note
<br /> not then repaid, including but not limited to accrued i�terest and late charges, (ii) alI other sums then
<br /> secured hereby,and (iii)the femainder,if any,to the person or persons legaliy enticled ihereto.
<br /> (c) Trustee may in ihe manner provided by law postpone sale of ali or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled io enforce payment and
<br /> performance 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, under 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 indebtedness and obligations secured by
<br /> this Deed.of Trust may now or hereafter be otherwise secured,whether by mortgage,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 t6�e power of sale or other powers contained in this Deed of Trust,shall prejudice of 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 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 discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to 6e exdusive of any other remedy in this Deed of Trust or by law provided or permitted,but
<br /> each shall he cumufative 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 ihe 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 /> concurrently or independently,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 6y
<br /> law.
<br /> Electian of Remedies. All of Lender's rights and remedies wi.11 be cumvlative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trusmr's o6ligations under this Deed of Trust,
<br /> after Trustor's failure to do so,thai decision by Lender will not affect Lender's ri�ght to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default
<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 first
<br /> paragraph of this Deed of Trust.
<br /> Attomeys' Fees; F�cpenses. If Le�der institutes any suit or action to enforce arry of the terms of this Deed of
<br /> Trust,Lender shall 6e entitled to.recover such sum as the court may adjudge reasonable.as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to'the extent not prohibited by law, ali
<br /> reasonabie 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 hecome 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 paragr8ph.include,
<br /> without limitation,however subject to any limits under applicable law,Lender's attomeys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment
<br /> cotlection services,the cost of searching records,.obtaining title reports Iincluding foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees�or the Trustee,to the extent permitted by appllcable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights Qf 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 ob[igations of Trustee
<br /> are part of this Deed of Trust;
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the foilowing actions with respect to the Property upon the w�itten request of Lender and Trustor. (a)join in .
<br /> preparing and filing a map or plat of the Real Property,ineluding the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement o�creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under[his Deetl of Trust.
<br /> Trustee. Trustee shail meet aIl qualifications required for Trustee under applicable law. In addition to the rights
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