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201109048 DEED OF TRllST Loan No: 1000a741 (Contiilued) Page 5 the Property; and, with or withoui talcing possession of the Property,sue for or otherwise collect the rents, issues and profits of the Property,including those past due and�unpaid,and apply the same, less costs and expenses of operation and collection attorneys'fees,to any indebtedness secured 6y this Deed � � of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the collection of such rents, issues and profits, and the application there�f shall not cure or waive any default or notice of defaulY under this Deed of Trust or invalidate any act done in response to such default or pursuant to such notice of default;and,notwithstanding the cantinuance in possession of the Property or the collection, receipt and application of rents,issues or profits,Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default,including the right to ezercise the power of sale;: Ib) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specificaily � enforce any of the covenants hereof;and (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's interest in the Peoperty to be sold,which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which the Property is located�;and fd) With resoect m ap or any part of the Personal Property,Lender shall have all the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. Foredosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee this Deed of Trusi and the Note and such receipts � and evidence of expenditures made and secured by this Deed of Trust as Trustee may require. (a) Upan receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of Defauit and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, withouY demand on Trustor, aftzr such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell � the Property at the time and place of sale fixed 6y it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine, . � at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty,express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfuiness thereof.. Any person,including without limitation Trustor,Trustee,or Lender,may purchase at such sale. (b) As�may be permitted by law, after deducting all costs,fees and expenses ot Trustee and of this � � Trust,includi�g costs of evidence of tiile in connection with sale,Trustee shall apply the proceeds of sale - to paymeM of (i)aii sums expended under the terms of this Deed of Trust or under the terms of the No2e not then repaid, including 6ut not limited to accrued interest and late charges, �ii) all other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. Remedi.es Not Exclusive. Trustee and Lender, and each of them, shall 6e entitled to enforce payment and � performance of any indebtedness or obligations secured by this Deed of Trust and�to exercise all rights and powers under tf�is�eed of Trust, under the Note,under any of the Re4aYed Documents,or under any other agreement or any laws now or hereafter in force;no'twithstanding,some or all of such indebtedness and o6ligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by morcgage,deed ofi trust,pledge,lien, assignment or otherwise�. Neither the accaptance ofi this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in.tliis Deed of Trust�shali prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deed of Trusi and any other security now or hereafter held by Lender or Trustee in such ortler and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender,is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or � hereafter existing aY law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to wFiich either of them may 6e otherwise entitled, may be exercised, coneurrently or indapendently,from time to time and as often as may be deemed expedient by Trustee or Le�der, and either of them may pursue inconsisient remedies. Noihing in this Deed of Trust shall tie construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Election of Remedies. AI�I of Lender's rights and remedies will be cumulative and may be exercised abne or together. If Lender decides to spend money or to perform any of Trustor's obligations under this�eed of Trust,. after Trustor's failure to do so,that decision by Lender will not affect Lender's right to declare Trustor in defauit antl to exercise Lender's remedies. Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default 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 parag�aph of this Deed of Trust. � Attorneys' Fees; Expenses. If Lender instiYutes any suit or action ta enforce any of the terms of this Deed of Trust,Lender shall be entitied to recover such sum as the court may adjudge reasonable as attorneys'fees at trial . and upon any appeal. Whether or not any court action is involved, and to the�extent not prohi6ited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the.enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear � i�terest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph inciude, without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit, induding attorneys' fees and expenses for banlvuptcy proceedings (including efforts to modify or vacate any automatic stay or injunctioN,appeals,and any antici.pated posi-}udgment collection services,the cost of searching records,obtaining title reports(including foreclosure�reports),surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee,to the extent permitted by appGcable law. Trustor also will pay any court costs;in addiUOn to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. . POWERS AND OBLIGATIONS OF TRUSTEE. The�following provisions relating to the powers and obligations of Trustee are part oi this Deed of Trusfi Powers of Trustee. ln addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to - take the following aciions with respect to the Property upon the written request of Lender and Trustor: (a)join in ' preparing and filing a map or plat of the Real Property,including the dedication of streets or other rights to the public; (h�join in granting any easement oi creating any restriction on the Real Property; and (c) join in any subord�ination or other agreement affeciing this Deed of Trust or the interest of Lender under this Deed of Trust.