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' -�2-28-1999 DEED OF TRUST Page 7
<br /> Loan No 765972 2 0 0 0 0 0 O 1 �3 �con�n�ea> � � > � -
<br /> secured hereby,and (iii)the remalnder,if any,to the person or persor�legally entltled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any pordon of the Property.
<br /> Remedles Not bcclusive. Trustee and Lender,and each of them,shall be enHded to enforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and to exercise 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 iaws now or hereafter in force; notwithstanding, some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust may now o�hereafter be othervvise secured,whether by mortgage, deed of hust, pledge, lien,
<br /> assignment w otherwise. Neither the acceptance ot thGs 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, shall prejudice or in any manner affect Trustse's or Lender's right to realize upon or
<br /> 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
<br /> entitled to enforce this Deed of Trust and any other security now or herea(ter 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 Lender, is Intended to be
<br /> exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but eech shall be cumulative and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or heresfter exisHng at law or in equity or by statute. Every power or remedy given by the
<br /> Note or any of the Related Dxuments to Trustee or Lender or to which either of them may be otherwise enHded, may be exercised,
<br /> concurrenUy or independently, irom time to Hme and as often as may be deemed expedlent by Trustee or L.ender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Desd of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such actlon is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lend�,hereby requests that a copy of any NoNce of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the flrst paragraph of this Deed of Trust. _
<br /> Waiver; Electlon of Remedles. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver 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 Deed of Trust,the Note,in any Related Document,or provided by law shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust aRer failure of Trustor to
<br /> perform shall not affect Lender's right to declare a default and to exercise any of fis remedies.
<br /> Attomeys'Fees;bcpenses. If Lender instltutes any suit or actlon to enforce any of the terms of this Dsed of Trust,Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fess at trial and on any appeal. Whether or not any court action is
<br /> involved,all reasonable expenses incurred by Lender which in Lender's op(nion are necessary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedn�s payable on demand and shall bear interest at the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph indude,without IimltaHon, however subject to any limits under applicable law,
<br /> �ende�s attorneys'fees whether or not there is a lawsu(t, induding attomeys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automatic stay or injunction), appeals and any anUdpated post-Judgment collectlon services, the cost of searching records,
<br /> obtaining title reports (including foredosure reports),surveyors'caports,appraisal fees,tltle insurance, and fees for the Trustee,to the extent
<br /> permitted by applicable Iaw. Trustor also will pay any court costs,in additlon to all other sums provided by law.
<br /> Riphts of Truslee. 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 relabng to the powers and obligations of Trustee are part of this Deed of
<br /> 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 the following actions
<br /> with respect to the Property upon the written request of Lender and Trustor: (a)jan in preparing and fllfng a map or plat of the Real Property,
<br /> including the dedication of streets or other righis to the public; (b)join in granting any easement or creating any resMction on the Real Property;
<br /> and (c)join in any subordination or other 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 addiHon to the rights and remedies set forth above,
<br /> with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to
<br /> foreclose by judicial foreclosure,in either case in accordance with and to the fuli extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from tlme to tlme appoint a successor Trustee to any Trustee appanted hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the MBce of the recorder of HALL County,Nebraska. The instrument shall
<br /> contain, in addition to all other matters required by state law, the names of the original Lender,Trustee,and Trustor, the book and page(or
<br /> compuier s;�stem reference)whera this Deed uf Tn�st fs record�,and fhe n�ma and address of the successor trustse,and the instrument shali
<br /> be executed and acknowlsdged by all the beneficiaries under the Deed of Trust or their successors in interest. The successor trustee,without
<br /> conv3yance of the Property,shall succeed to aN the Hde,power,and duties confeRed upon the Trustee in this Dsed of Trust and by applicable
<br /> law. This procedure for substltution of trustee shall govern to the exclusion of aA other provislons for substltuHon.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> othervvise required by law), and shall be effecHve when actually delivered, or when deposited with a nationally recognlzsd overnight courier, or, if
<br /> mailed,shall be deemed effective when deposited in the United States mail first class,certifled or registered mail,postage prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any parly may change its address for notiaes under this Deed of Trust by giving formal
<br /> written notice to the other parties,specifying that the purpose of the notice is to change the part�s address. All copies of notices of foreclosure from
<br /> the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the begtnning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as
<br /> to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and
<br /> signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Mnual Reports. If the Properly is used for purposes other than Trustor's residence,Trustor shall fumish to Lender, upon request,a certifled
<br /> statement of net operating income received from the Property during Trustor's previous flscal year in such form and detail as Lender shall
<br /> require. "Net operatlng income"shall mean all cash receipts irom the Property less all cash expenditures made in connecHon with the operation
<br /> of the Property. �
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
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