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2011083�f
<br />DEED OF TRUST
<br />(Continued) Page 5
<br />desirable to preserve the value, marketability or rentability of the Property, or part of the Property or interest in
<br />the Property; increase the income from the Properry or protect the securiry of the Property; and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection
<br />attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine.
<br />The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and
<br />the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding
<br />the continuance in possession of the Property or the collection, receipt and application of rents, issues or
<br />profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br />Documents or by law upon the occurrence of any event of default, including the right to exercise the power of
<br />sale;
<br />(b) Commence 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 declaration of default and demand for sale and a written notice of default and
<br />election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed
<br />for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a
<br />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 shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and
<br />evidence of expenditures 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 delivered to
<br />Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee
<br />shall, without demand on Trustor, after such time as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time
<br />and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder
<br />for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall
<br />be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or
<br />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 Trust,
<br />including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment
<br />of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note not then repaid,
<br />including but not limited to accrued interest and late charges, (ii) all other sums then secured hereby, and (iii)
<br />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 Properry.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to 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 any
<br />laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed
<br />of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the
<br />power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or
<br />Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed
<br />that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion
<br />determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy
<br />in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy
<br />given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient
<br />by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be
<br />construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is
<br />permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an
<br />election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after
<br />Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and
<br />a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph
<br />of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon
<br />any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable
<br />expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the
<br />enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note
<br />rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not
<br />there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of
<br />searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title
<br />insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in
<br />addition to all other sums provided by law.
<br />Rights of 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 obligations of Trustee are
<br />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 take
<br />the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing
<br />and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in
<br />granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other
<br />agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and
<br />remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by
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