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_ 01�8-2000 DEED OF TRUST 2 O ��� � g 3 � Page 5 <br /> Loan No 1083294 (Continued) <br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Properly,or part <br /> of the Property or interest in the Property;increase the income 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,inc�uding 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 collection <br /> of such rents,issues and profits,and the application thereof shall not cure or waive any defauit 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, notwithstanding the continuance in <br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to <br /> exercise every right provided for in the Note or the Related Documents or by Iaw 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 <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 appropriate oifices of the County in <br /> which the Property is located;and <br /> (d) With respect to all or any part of the Personai 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 ay exercise of the Power of Sale herein contained,Lender shall 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 Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of Default <br /> and Notice of Sale as then required by Iaw 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 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 separate lots or parcels or items as <br /> Trustee shall deem expedient,and in such order as it may determine, at public suction to the highest bidder for cash in Iawful money of <br /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thareof its good and sufficient deed or <br /> deeds conveying the p'roperty 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 limitation Trustor, Trustee, or Lender, may <br /> purchase at such sale. <br /> (b) As may be permitted by law,after 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 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 acerued 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) Trustee may in the manner provided by law postpone sale 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 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 obligations secured by 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 acceptance of this 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 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 /> 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 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 Reiated Documents to Trustee or Lender 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 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 prohibiting Lender from seeking a deficiency judgment <br /> against the Trustor to the extent such action is permitted by law. <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 forth in the first paragraph of this Deed of Trust. <br /> Waiver; Electfon of Remedies. 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 Iaw shall not exclude pursuit of any other remedy, <br /> and an election to make expenditures or to take action to perform an obliga6on of Trustor or Borrower under this Deed of Trust after failure of <br /> Trustor or Borrower to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. <br /> Attorneys'Fees; E7tpenses. 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 court action is <br /> involved,all reasonabie expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the <br /> enforcement of its rights shall become a part of the Indebtedness payabie on demand and shall bear 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 Iawsuit, including attorneys' fees for bankruptcy proceedings (including effo�ts to modify or <br /> vacate any sutomatic stay or injunction), appeals and any anticipated post—judgment collection services, the cost of searching records, <br /> obtaining title reports (including foreciosure reports), surveyors' reports, appraisal fees, title insurance, and fees for 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 Iaw. <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 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 Iaw,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 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 creating any restriction 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 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 right to <br /> foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable law. <br /> Successor Trustee. Lender,at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an <br /> instrument executed and acknowledged by Lender and recorded in the of�ce of the recorder of HALL County, Nebraska. The instrument shall <br /> contain, in addition to all other matters required by state Iaw, 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 beneficiaries under the Oeed 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 trustee 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 writing, may be sent by telefacsimile (unless <br /> otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if <br /> mailed,shall 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 its address for notices 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 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 Deed of Trust. <br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address. <br />, <br /> i , ' � <br />