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201109426
<br /> DEED OF TRUST
<br /> Loan No:810291 (C011tlnUed' Page 5
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,.at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies: '
<br /> Acceleration Uport�Default;Additional Remedies. If any Event of Deiault occurs as per the terms of the Note
<br /> secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentment,demand or protest of any kind.
<br /> Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, ot�by a receiver
<br /> appointed by a court and without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,.or any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> - deems necessary or desirable to preserve the value,marketability 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 colfect the
<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 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 colleciion of such rents, issues and profits, and the application thereof shall not cure or �
<br /> waive any dafault or notice of default under this Deed of Trust or invalitlate any act done in response to
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and apolication of rents, issues 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 of any event of default,including the right to exercise the power of 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
<br /> and efection to cause Trustor's interest in the Praperty to be sold,which notice Trustee sliall cause io 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 aIl or any part of the Personal Property,Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska UnifoYm Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise�of the Power of Safe 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 TrusY as Trustee may require.
<br /> (a) Upon receipt 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 by law and by this Deed of Trust.
<br /> Trustee shail, without demand on Trusmr, after such time as may then be required by law and after
<br /> recordation of such Notice of Default 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 /> separate lots or parcels or items as Trusiee shail�deem expedienE,and in such order as it may determine,
<br /> at public auction to the highest bidder for cash in.lawful money of the United States payable at the time
<br /> of sale. T�ustee shall deliver to such purehaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty,express or implied�. The
<br /> recitals in such deed of anV matters or facts shall be conclusive proof of the�truthfulness thereof. Any
<br /> person,including without fimitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> . (b) As may be permitted by law, after deducting ali costs, fees and expenses of Trustee and of this
<br /> Trust,including coSts of evitlence of title in conneciion with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i)all sums expended under the terms of this Deed of TYust or under the terms of the Note
<br /> not then repaid,including but not limited to accrued interest and late charges, 1ii) all other sums then
<br /> secured hereby,and (iii)the remaindee,if any,2o the person or persons legally entitled thereto. �
<br /> (c} Trustee may in the manner provided by law postpone sale of ali or any portion of The Property..
<br /> Remedies Not Exduseve. Trusiee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebiedness 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 accepYance of this Deed of Trust nor its enfiorcement, 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 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 6e entitled to enforce this Deed
<br /> of Trust and any other securi�y 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 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 fi.equiry or by statute. Every power or remedy given by the Note or any of the Related
<br /> Dacuments to Trustee or Lender or to which either of them may be otherwise entitied, 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 by
<br /> law. Eleccion�by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to
<br /> make expenditures or to take action.to perform an obligatio�of Trustor under this �eed of Trust,after Trustor's
<br /> failure to perform,shall not affect Lender's tight to deciare 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
<br /> and a copy of any Notice of Sale under this Deed of TrusY be mailed to them at the addresses set forth in the fiirst
<br /> paragraph of this Deed of Trust.
<br /> Attomeys' Fees; Expenses. If Lender instituYes any suit or aciion to enforce any of the terms bf this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees aY trial
<br /> and upon any appeal.. Whether or not any court action is involved, and to the extent not prohibited 6y law, all
<br /> reasonable 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 become a part of the Indebtedness payable on demand and shall bear .
<br /> interest at the Note rete from the date of the�expenditure uMil repaid. Expenses covered by this paragraph 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,.induding attorneys' fees and expenses for bankruptcy proceedings
<br /> . (including efforts to modify o.r vacate any automatic stay or injunctionl,appeals,and any anticipated post-judgmeni
<br /> collection services,ihe cost of searching records,obtaining title reports(including foreclosure reportsl,surveyors'
<br /> reports, and appraisal fees, title insurance�and fiees fior the Trustee,to the extent permitted by applicable law.
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