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<br /> . 0�_2;-2000 �d 0�►(�a 7 9!� DEED OF TRUST � " Page 5
<br /> (Corrtinued)
<br /> the Property at the time and place of sale f�ced 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 suctton to the highest bidder for cash in lawful money of
<br /> the United States payable at the tlme of sale. Trustee shall deliver to such purchaser or purchasers thereof its good end sufflcient deed or
<br /> deeds conveying the property so sold,but without any covenant or warranty,express or fmplied. The recitals in such deed of any matters
<br /> or facis shatl 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 permftted by Iaw,affer deducting all costs,fees and expenses of Trustee and of this Trust,including costs of evidence of
<br /> title in connection with sale,Trustee shall apply the proceeds of sele 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 the�
<br /> secured hereby,and (iil)the remainder,if any,to the person or persons legally entiBed thereto.
<br /> (c) Trustee may in the manner provided by law 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, 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 obiigations secured by this Deed of Trust may now or hereafter be othervvise secured,whether by mortgage, deed of trust, ptedge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Dsed 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 Trustee'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 /> entiBed 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 confeRed 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 cumuletive and shali be in addition to
<br /> every other remedy given in ihis Deed of Trust or now or hereafter existing at law or in equity or 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 entitled, may be exercised,
<br /> concurrently or independently, hom time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibidng Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such acBon is permitted by law.
<br /> Requeat For Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of eny Notice of Default and a copy of any Notice
<br /> of Sele under this Deed of Trust be mailed 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 provisfon of this Deed of Trust shall not constitute a waiver of or
<br /> prejudice the party's rights otherwise to demand strict complisnce with that provisfon or any other provision. Election by Lender to pursue any
<br /> remedy provided in this Deed of Trust,the Note, in any Related Dxument, or provided by law shall not exclude pursuit of any other remedy,
<br /> and an elecrion to make expenditures or to take action to perform en obiigatlon of Trustor under this Deed ot Trust after failure of Trustor to
<br /> perform shall not affect Lender's right to declare a default and to exercise any of its remedies.
<br /> Riqhts ot Trustee. Trustee shall have ali of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provlsions relating to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In additfon to all powers of Trustee arising as a matter of taw,Trustee shall have the power to take the fotlowing actions
<br /> with respect to the Properly upon the written request of Lender and Trustor: (a)join in preparing and filing a map or plat of the Real Property,
<br /> including the dedication of streets or other rights to the public; (b)join in granting any easement or creadng any resMction on the Real Property;
<br /> and (c)join in any subordinatlon 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 additfon 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 sals,and Lender shall have the right 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 option, may from time to time appoint a successor Trustee to any Trustse appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the otfice 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 /> computer system reference)where this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall
<br /> be executed and acknowledged by all the beneflciaries under the Deed of Trust or 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 irustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in wriHng, may be sent by telefacsimile (unless
<br /> otherwise required by law), and shalt be effective when actually delivered, or when deposited with a nationally recognized overnight cou�ier, or, if
<br /> mailed,shall be deemed effective when deposited in the United States mail flrst class,certified or registered mail,postage prepeid, directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br /> written notice to the other parties,specitying that the purpose of the notice is to change the party'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 beginning of this Dsed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address.
<br /> MISCELLANEOUS PROVISION3. The following miscellaneous provisions are a part of thfs 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 fo�th in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in w�iting and
<br /> signed by the party or pafies sought to be charged or bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certifled
<br /> statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall
<br /> require. "Net opereting income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation
<br /> of the Property.
<br /> Applicable Law. This Deed of Trust has be�n delivered to Lender and accepted by Lender in the 8tate M Nebroeka. This Deed oi Trust
<br /> shdl be povemed by and construed in acsordance with the laws ai the State of Nebraeka.
<br /> Captlon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are�ot to be used to interpret or deflne the
<br /> provisions of this Deed of Trust.
<br /> Meryer. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance,such flnding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any
<br /> such offending provision shell be deemed to be modified to be within the limits of enforceability or validity; however,if the offending provision
<br /> cannot be so modified,it shall be sMcken and all other provisions of this Deed of Trust in all other respects shali remain valld and enforceable.
<br /> Successors and Assi�ns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust shall be
<br /> binding upon a�d inure to the beneflt of the parties,their successors and assigns. If ownership of the Property becomes vested in a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with TrustoPs successors with reference to this Deed of Trust and the
<br /> Indebtedness by way ot forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liabflity under the
<br /> Indebtedness.
<br /> Time Is of the Esaence. Time is of the essence in the performance of this Deed of Trust.
<br /> Walvers and Consents. Lender shall not be deemed to have waived any rights under thls Deed of Trust(or under the Related Dxuments)
<br /> unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not consNtute a waiver of or prejudice the �
<br /> pa�ty's right othervvise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing beiween Lender end Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transecdons. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not
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