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<br /> ` 07-15--1997 DEED OF TRUST Q:,•,~, Page 5
<br /> 105713
<br /> Loan No 516146 (Continued) "
<br /> of such rents, issues and profits, and the application thereof shall not cure or waive a,ry default or notice of default under this peed of Trust
<br /> or Invalidate any act done in response to such default or pursuant to such notice of default; and, notwthatanding the continuance In
<br /> possession of the Property or the collection, reoelpt and application of rents, issues or profits, Trustee or Lander shall be entitled to
<br /> exercise every right provided for in the Note or the Related Documents c; 'ry law upon the occurrence of any event of default. Including the
<br /> 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 enforce any of the covenants
<br /> hereof, and A
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a wrt;"wn notice of default and election to muse Trustoes
<br /> Interest in the Property to be sold, which notice Trustee shd cause to be duty filed for record in the appropriate offices of the County In
<br /> which the Property is located; and
<br /> (d) With respect to all or any part of the Personal Properly, Lender shag have all the rights and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained. Lender shag notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of
<br /> Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lander, Trustee shall cause to be recorded. published and delivered to Trustor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may
<br /> then be required by law and after recordation of such Notice of Default and after Nonce of Salo !.wing been given as required by law, sec
<br /> the Property at the time 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 for cash In lawful money of
<br /> the United Slates payable at the time of sale. Trustee shag deliver to such purchaser 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 recitals In such deed of any matters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, Including without Imitation Truslor, Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law, after deducting fig costs, fees and expenses of Trustee and of this Trust, Including costs of evidence of
<br /> title in connection with sale, Trustee shag apply thv proceeds of sale to payment of (1) all sums expended under the terns of this Dead of
<br /> Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late charges, (N) as other sums then
<br /> secured hereby, and (111) the remainder, If any, to the person or persons legally entitled thereto.
<br /> (e) Trustee may in the manner provided by law postpone we" of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any Indebtedness
<br /> or obligations secured by this Deed of Trust and to exorcise all rights and powers under this Deed of Trust, under the Note, under any of the
<br /> Related Documents, or under any other agreement or any laws now or hereafter In force; notwithstanding, some or all of such Indebtedness
<br /> and obligations secured by thts Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Pen,
<br /> assignawnt or otherwise. Neither the acceptance of ;his Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, shag prejudice or in any manner affect Trustee's or Lender's right to reaPxe upon or
<br /> enforce any otter security now or hereafter held by Trustee or Lender, It being agreed that Trustee and Lender; and each of them, shag be
<br /> entitled to enfome this Deed of Trust and any other security now or hereafter hold by Lander 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 Lender, Is intended to be
<br /> exclusive of any other remedy In this Deed of Trust or by law provided or permitted, but each shag be cumulative and shall be In addition to
<br /> every other remedy given In this Deed of Trust or now or hereafter existing at law or In equity or by statute. Every power or remedy ghron by the
<br /> Note or any of the Related Documents to Trustee or Lander or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or Independently, from time to time and as often as may be doomed expedient by Trustee or Lender, and either of them may
<br /> pursue Inconsistent remedies. Nothing in this Deed of Trust shag be construed as prohibiting Lender from seeking a deficiency judgment
<br /> against the Truslor to the extent such action is permitted by law.
<br /> Request For Notice. Trustor, on behalf of Truslor and Lender, hereby requests that a copy of any Notice of Defauh and a copy of any Notice
<br /> of Sale under this Deed of Trust be malted to them at the addresses set forth In the first paragraph of this Deed of Trust.
<br /> Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shad not c,)nstltule a walvar of or
<br /> prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any
<br /> remedy provided In this Dead of Trust, the Note, In any Related Document, or provided by law shag not exclude purstA of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor under this Dead of Trust after failure of Truslor to
<br /> perform shag not affect Lender's right to declare a default and to exercise any of Its remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shelf be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at plat and on any appeal. Whether or not any court action is
<br /> Involved, all reer-rrlble expenses Incurred by Lender which In Lenders opinion are necessary at any time for the protection of Its Interest or the
<br /> enforcement of its rights slurp become a part of the Indebtedness payable on demand and shall bear Interest at the Noe rata from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law,
<br /> Lenders attorneys' fees whetter or not there is a lawsuit, including attorneys' fees 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 searching records,
<br /> obtaining title reports (Including foreclosure reports), surveyors' reports, appralsal lees, title Insurance, and teas for the Trustee, to the extent
<br /> permitted by applicable law. Truslor also will pay any court costs, In 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 ralatirg to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> is Powers of Trustee. In addition td; M powers of Trustee arising as a matter of law, Trustee shag have the power to take the following actions
<br /> with respect to the Property upon the written request of Lender and Trustor; (a) join In preparing and Ming a map or plat of the Real operty,
<br /> Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restricJon on the Real Property;
<br /> and (c) joln In any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shag moot all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth ripe,
<br /> with respect to cut or an-1 part of the Property, the Trustee shag have the right to foreclose by notice and sale, and Lender slug have the right to
<br /> forsclo,w by judicial fc., aclorsurs, In either case in accordance with and to the fug extant provided by applicable law.
<br /> Successor Trustee. Lander, at Lender's option, may from time to time appoint a Successor Trustee to any Trustee appointed hereunder by an
<br /> Instrument ex4culed and acknowledged by Lender and recorded In the office of the recorder of HALL County, Nebraska. The Instrument shall
<br /> contaln, In addition to al other matters required by stale law, the names of the original lender, Trustee, and Truslor, the book and page (or
<br /> computer system reference) where this Dead of Trust is recorded, and the name and address of the Successor trusts, and the Instrument shell
<br /> be executed and acknowledged by all the beneficiaries under the Deed of Trust or thew successors In Interest. The succossor trustee, without
<br /> conveyance of the Property, shall succeed to all the 0110, power, and duties conferred upon the Trustee In this feed of Trust and by applitmbe
<br /> low. This procedure for substitution M trustee shag govern 10 the sxciusion of fig other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust stag be In writing, may be sent by eefacfilmge, and shag be
<br /> S effective when actually delivered, or when deposited with a nationally reeogntard overnight courier, or, If maned, shag be deemed effective when
<br /> deposited in the United States mall Aral class, ourtified or registered mail, postage prepaid, directed to the addresses shown now the beginning of
<br /> this Dead of Trust, Any party may chanLe lta address for notices under this Deed of Trust by giving formal written notice to the other parties,
<br /> specifying that the purpose of His notice is to change the parly's address. AN copies of notices of foreclosure from the holder of any Pon which has
<br /> priority over this Deed of Trust shag be sent to Lenders addrosa, as shown near the beginning of this Deed of Trust. For notice purposse, Truster
<br /> agrees to keep Lander and Trustee informed at ail times of Trusloes current address.
<br /> MISCE LAREOUS PROVISIONS. The following rnlace,'iansous provisions am a part of this Dead of Trust:
<br /> Amendments. This Deed of Trust, together with an, Related Documents, constitutes the entire understan6ng and agreenwn( of the perti0a as
<br /> to the matters set forth in this Deed of Trust. No alteration of or amendment to this Dead of Trust -.hag be effective unlsaa plvtm In writing and
<br /> E signed by the party or parties sought to be charged or Lound by the alteration or amendment.
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