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201108760
<br />Loan No: 101245912
<br />DEED OF TRUST
<br />(Continued)
<br />Page 7
<br />(d) With respect to all 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 Power oi Sale. If Lender elects to foreclose by exerdse of the Power of Sale herefn corrtained,
<br />Lender shall noUfy Tnistee and shall deposit with Trustee this Deed of Trust and the Note and such recefpts
<br />and evidenoe of expenditures made arM secured by this Deed of Trust � Trustee rt�y require.
<br />(a) Upon �eceipt of suc� noti� from Lender, Trustee shall cause to be recorded, published and delivered
<br />to Trustor such NoUce of Default and Notice of Sale � then required by law and by this Deed of Trust.
<br />Trust� shall, without derrrand on Trustor, after such time � rrray then be required by law and after
<br />recordation of such Notice of Default and after NoUce of Sale having been given � required by law, sell
<br />the Property at the time and place of sale flxed by it in such Notice of Sale, either � a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedierrt, ar�d in such order as it may determine,
<br />at public auctlon to the highast bidder for c�h in lawful money of the United States payable at the tfine
<br />of sale. Trustee shall deliver to such purch�er or purchasers thereof its good ar�d sufficfent deed or
<br />deeds oorneyirtg the properly � sold, but without any oovenarrt or warranty, express or implied. The
<br />recitals in such deed of arry matters or facts shall be wndusive proof of the truthfulness thereof. Any
<br />person, including without Ilmitatfon Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after d�uctlng all c�sts, fees and expet�ses of Trust� ar�d of this
<br />Trust, induding c�sts of evidenoe of tltle in connecdon with sale, Trustee shall appiy the rooeeds of sale
<br />to paymerrt of (i) all sums e�ended under the terrr�s of this Deed of Trust or under the t m� of the Note
<br />not then repaid, fncluding but not Ilmited to accrued interest ar�d late charges, (if) all ther sums then
<br />secured hereby, and (fii) the rerrrafnder, ff any, to the person or per�ns legally enUtled th�ereto.
<br />(c) Trustee rt�y in the manner provided by law postpone sale of all or any portion of the �roF
<br />Remedies Not Excluslve. Trustee and Lender, and each of them, shall be entitled to enfoi
<br />pertormance of any indebtedness or obligadons secured by this Deed of Trust and to exercise all r
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any ot
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obflg�
<br />thfs Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of ti
<br />assignment or othenvise. Neither the acceptance of this D�d of Trust nor its enforcement, �
<br />actlon or pursuant to the power of sale or other powers contained in this D�d of Trust, shall p
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shalt be entlUed to �
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and n
<br />either of them may in their absolute discreUon determine. No remedy conferred upon or resen
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided
<br />each shall be cumulaUve and shall be in additlon to every other remedy given in this Deed of
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or a
<br />Documents to Trustee or Lender or to which either of them may be otherwise entltled, m
<br />concurrently or independenUy, from time to tlme and as often as may be deemed expedient by T
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall
<br />prohib(ting Lender from seeking a deflciency judgment against the Trustor to the extent such actic
<br />law. Electfon by Lender to pursue any remedy shall not exclude pursuit of any other remedy, a
<br />make expenditures or to take action to pertorm an abligatlon of Trustor under this Deed of Tru:
<br />failure to pertorm, shall not affect Lenders 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
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses se
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expens�. If Ler�er institutes any suit or acUon to enfor� any of the terrrx
<br />Trust, Lerrcler shatl be errtitled to reoover such sum � the court may adjudge reasonable as attor
<br />and upon any appeal. Whether or not any court action is involved, arrcl to the extent not proh
<br />reasorrable expenses Lender incurs that in Lenders opinion are �ary at any time for the
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on derr�
<br />interest at the Note rate from the date of the expenditure unUl repaid. E�er�ses covered by this F
<br />without Iimitatlon, however subject to any Ifmits under applicable law, Lender's attomeys' fees s
<br />expenses, whether or not there is a lawsuit, induding attomeys' fees and exper�ses for bankn
<br />(induding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipat
<br />collection services, the cost of searching reoords, obtaiNng title reports (including foreclosure re
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted E
<br />Trustor also will pay any court c�sts, in addition to all other sums provlded by law.
<br />Rights of Trustee. Trustee shall have all of the �ights and dutles of Lender as set forth in this secl
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisfons relating to the powers and oblif
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addit(on to all powers of Trustee arising as a matter of law, Trustee shall h
<br />� payment and
<br />its end powers
<br />r agreement or
<br />�ns secured by
<br />�t, pledge, Uen,
<br />ether by court
<br />udfce or in any
<br />�reafter held by
<br />force this Deed
<br />�ner as they or
<br />i to Tnastee or
<br />permitted, but
<br />rust or now or
<br />� of the Related
<br />be exercised,
<br />stee or Lender,
<br />� construed as
<br />is permitted by
<br />I an electlon to
<br />after Trustor's
<br />Jotice of Default
<br />forth in the flrst
<br />of this Deed of
<br />eys' fees at trial
<br />bfted by law. all
<br />protectfon of its
<br />�d end shall bear
<br />�ragraph fnclude,
<br />�d Lenders legal
<br />rtcy proceedings
<br />�d post judgment
<br />orts), surveyors'
<br />� applicable law.
<br />of Trustee
<br />the power to
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