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_ 1�28-1999 2 Q O O O O 11 s DEED OF TRUST Page 5
<br /> 'y Loan No 1065770 (Continued)
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent,with or without bringing any action or proceeding, or by a receiver appolnted by a court and without
<br /> regard to the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Property,or pah
<br /> of the Property or interest in the Property;increase theincome from the Property or protect the security of the Property;and,with or without
<br /> taking possession of the Property,sue for or otherwise collect the rents,issues and profits of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the cdlection
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstandinp the contlnuance in
<br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be enatled to
<br /> exercise every right provided for in the Note or the Related Documents or by Iaw upon the occuRence 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
<br /> (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
<br /> interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the approp�iate offices of the Counly in
<br /> which the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property, Lender shall 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 shall notiy 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 Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notk:e of Default
<br /> and Notice of Sale as then required by Iaw and by this Deed of Trust. Trustee shall,without demand on Trustor,a(ter such Hme as may
<br /> then be required by Iaw and after recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell
<br /> the Property at the Nme and place of sale fixed by it in such Notice ot Sale, either as a whole, or in separate lots or parcels or items as
<br /> Trustee shall deem expedient,and In such wder as it may determine, at public auction to the highest bidder for cash in lawful money of
<br /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufflcienf deed or
<br /> deeds conveying the property so sold,but without any covenant or warcanty,express or implied. The recitals in such deed of any matters
<br /> or facls shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor,Trustee, or Lender, may
<br /> purchase at such sale. �
<br /> (b) As may be permitted by law,aRer deducting all costs,fees and expenses of Trustee and of this Trust, including costs of evidence of
<br /> 6He in connectlon with sale,Trustee shall apply the proceeds of sale to payment of (i)all sums expended under the terms of this Deed of
<br /> Trust or under the terms of the Note not then repaid,including but not limited to accrued interest and late charges, (ii)all other sums then
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustse may in the manner provided by Iaw postpone sale of all or any portion of the Property.
<br /> Remedles 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 exercise all rights and powers under this Deed of Trust, under the Note, und�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 s�ured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,lien,
<br /> assignment or othervvise. Neither the acceptance of this Deed of Trust nor its enforcement,whether by court action or pursuant to the power ol
<br /> sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's riqht 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 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 Lender, is intended to be
<br /> 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
<br /> every other remedy given in this Deed ot Trust or now or hereafter existing at law or in equity w by statute. Every power or remedy given by the
<br /> Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entiHed, may be exercised,
<br /> concurrenHy or independently, from time to time and as often as may be deemed expedient by Trustse or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judflment
<br /> against the Trustor to the axtent such action is permitted by Iaw.
<br /> 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
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set fo�th fn the first paragraph of this Deed of Trust.
<br /> Wdver; Electlon of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not consatute a waiver of or
<br /> preJudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Elecfion by Lend�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 ection 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 its remedies.
<br /> Attomeys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any cou�t action is
<br /> involved,all reasonable expenses incurred by Lender which in Lenders opinion are necessary at any time for the protection ot fis interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shall beer interest at the Note rate 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 /> Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fea5 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 tide reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fess fw the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Riphts 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 relating 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)join ln preparing and filing a map or plat of the Real Property,
<br /> including the dedication of streets or other rights to the public; (b)jan in granting any easement or creating any resMctlon 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 Iaw. In addition 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�iqht to
<br /> foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable Iaw.
<br /> Successor Trustee. Lender,at Lender's optfon, may from time to tlme appoint a successor Trustee to any Trustee appanted hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,Nebraska. The instrument shall
<br /> contafn, in addition to all other matters required by state Iaw,the names of the origi�al Lender,Trustee, and Trustor, the book and page(or
<br /> computer system reference)where this Oeed of Trust is recorded,and the name and address of the sucxessor trustee,and the fnstrument shall
<br /> be executed and acknowledged by all the beneficiaries under the Deed of Trust w their successors in interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitution of trustee shall govern to the exclusion of ell other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile(uMess
<br /> otherwise required by law), and shall be effective when actually delivered, or when deposited wlth a nedonally recognlzed ovemiyht courler, or,N
<br /> mailed,shail be deemed effective when deposited in the United States mail first class,certified or registered mail,postage prepaid, directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change i1s address for noHces under this Deed of jrust by giving formal
<br /> written nodce to the other parties,specifying that the purpose of the notice is to change the party's address. All copies of no�of foredosure trom
<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 beglnning of this Deed of Trust.
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