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DEED OF TRUST 2 0110 � 18 9
<br />Loan No: 10'124591 Z' (Continued)
<br />Page 7
<br />deems necessary or desirable to preserve the value, marketebility or rentability 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; and, 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 unpaid, and apply the seme, less
<br />costs and expenses of operatton and cotlection 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, 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 defeult; and, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender ahall
<br />be entitled to exercise every rfght 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 ection to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforce eny of the covenants hereof; and
<br />(c) Deliver fio Trustee a written declaration of default and demand for safe and a written notice of default
<br />and election to cause Trustor's interest in the Property to be sold, which notice Trustea shall cause to be
<br />duly filed for record in the appropriate offices of the County in which the Property is located; end
<br />(d) With respect to all or any part of the Personel Property, Lender shall have all the rights and remedies
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise ot the Power of Sale herein contained,
<br />Lender 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 es Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shell cause to be recorded, publlshed and delivered
<br />to Trustor such Notice of Default artd 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 />recordation of such Notice of Default and after Notice of Sale heving been given es 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 />et public auction to the highest bidder for cash tn lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purcheser or purchasers thereof its good and sufficfent deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in sucfi 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 end expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shail epply the proceeds of sale
<br />to payment of fil all sums expended under the terms ot 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, (ii) all other sums then
<br />secured hereby, end (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 F�ccluslve. Trustee and Lender, and each of them, shatl 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, under any of the Related Documents, or under any other egreement or
<br />any laws now or hereafter in force; notwithstanding, some or all ot such indebtedness and obligations secured by
<br />this Deed of Trust mey now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neithar 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 enforca any other security now or hereafter held by
<br />7rustee 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 heresfter 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 efther of them may be othenivise 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 />end either of them mey 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. Election by Lender to pursue eny remedy shall not exclude pursuit of any other remedy, and an election to
<br />make axpenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender"s right to declare a default end exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests thet a copy of any Notice of Defeult
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addrasses set forth in the first
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