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05-08 -2000 DEED OF TRUST 200003920 Page's I
<br />Loan No 25517 (Continued)
<br />secured hereby, and (NI) the remainder, if any, to the person or parsons' legally entitled thereto. f
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Properly.
<br />Remedles Not Exclusive. Trustee and Lender, and each of them, shah be entitled to enforce °payw*W and performance of any Indebtedness
<br />or obligations secured by ft Dead of Test 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 agreemera or arty laws now or hereafter In force; notwNMhndlkg; some or all of such Indebtedness
<br />and obligations secured by this Deed of Trust may now or hereafter be otherwise secured.' whether by motgook' deed of tent, pledge, hen,
<br />hassignmee►t or otherwise, Neither theacosOlence °of ft Osed.of Trust nor ft enforcement, whsitwr'Ixy court aatlor err. pursuant tothe power of
<br />sale or other powers contained in this Dsed of Trust. , stall prejudice or In any manner affect . Trustee's or Lender's right to resters upon or
<br />enforce any other security now or hereafter held by Trustee or Lander, it being agreed that Trustee and l ender, 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 shah 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 Related 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 deficlency judgment
<br />against the Trustor to the extent such action Is permitted by law,
<br />Fl* Nom• TrtHltorz o b of Truer and a dxhpy of Noft of Dofauit and a copy of any Notice
<br />``ter �rx r•..,. �� t
<br />Welvsr; Eiectlord of Remedies: A waiver' by any }party of a breach of a protiisiofi'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 shah 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 Defect of Tent after fahurs of Trustor to
<br />perform shah, not affect Le�V� right to declare a default and to exercise any of its remedies.
<br />Rights of Trustee. Trustee have all of the rights and duties of Lender as set folihln tthts °`
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the � owsrs and obligationsM Trustee art part of this Dead of
<br />Trust. , 1
<br />Powers of T'rus6e.:, In,additldn to all powers of Trustee arising as a matter of law, Trustees sW have th s 'power to take it* following actions
<br />with respect. to the Property upon the written request of Lander and Trustor. (a)•jdn In preparing and ffing 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 restrictloh on the Real Property;
<br />and (c) Join in any subordination or other agreement affectirtg,thia Deed of Trust orahe interest of Lander under this Deed .of Trust.
<br />Trustee. Tnntee shah meet s qualifications s-required for Trustee under applicable law.' In addition to the riphnk'and ronadles 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 sate, and Lender shall have the right to
<br />foreclose by Judicial foreclosure, 4n either case in accordance with and to the full extent provided by applicable low.
<br />Successor Trustee. Lander, at Lender's option, may from time to time appoint a aucoessor Trustee to any Trustee appointed hereunder by an
<br />Instrument executed and acknowledged by Lender and recorded in the office of the recorder of BALL County, Nebraska. The Instrument shall
<br />contain, in addition to all other matters required by state law, the names of the original Lender, Testes, 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 Deed of Trust or their successors In Interest. The successor trustee, without
<br />conveyance of the Property, shall succeed to all the tide, power, and duties conferred upon the Trustee In this Deed of Trust and by applicable
<br />law. This procedure for substitution of trustee shah govern to the exclusion of all other provisions for substitution.
<br />NOTICES TO TRUSTOR AND OTHER PARTML Any notioe under this Deed of Trust shah be in writing, may be sent by telefacsirnk (unless
<br />b or when deposited with a naibrnally rovo~ overnight oowier, or, If
<br />� M oFt �i :� b tho
<br />addresses shown near the beginning 'of this Deed of Trust. Any party may change its address for n under s' t giving former
<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 Non which has priority over this Dead of Trust shah 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 Trustoes current address,
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust:
<br />Amendments. This Deed of Tent, 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 Test. No alteratlon of or amendment to this Deed of Teat shah 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 />Apptcdbtb Law. This Dated of trust has been deaversd in Lender and accepted by h endw,in the Stab of Nebra ks. This Deed of Trust
<br />shat' be gowned by and construed In sad:ordance with the laws of the State of ibbra ".
<br />Caolbn H u tags. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the
<br />PMVWM of this Dead of Trust
<br />Merger. Thera shah be no merger of the Interest or estate anted. by this Deed of Trust with any other Interest or estate in the Property at any
<br />inn hold by or for the berhelit of Lender In capacity, without the written consent of Lender.
<br />Multiple Pwft& AN obligations of Trustor under this Dead of Trust shall be joint and several, and all references to Trustor shall mean each and
<br />every Tnnbr. This means that each of the persons signing below is responsible for all obligations in this peed of Tent.
<br />Severabillly. If a court of co Jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br />circumstance, such finding s not render that provision invalid or unenforceable as to any other persons or dreumsdnces. If fsaelbie, any
<br />such offending provision shall be deemed to be modified to be within the hurts of enforceability or v4W, however, If the offending provision
<br />cannot be so modified, it shah be stricken and all other provisions of this Deed of Tent in all other respects stall remain valid and enforceable.
<br />Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trustoes Interest, this Deed of Trust shall be
<br />trpa tnd -inure to -#ha beneliiof ffhe pares. thair successors and assigns. If ownership of the Property becomes vested Ina person,
<br />other . ' Trnslor, Lender, without *Me to InAft, may deal with Trustee #tired# Tat- and tba- --
<br />Indebtedness by way of forbearance or a denaMn without releasing Trustor from the obligations of this Deed of Trust or•NabDly under the
<br />Indebtedness.
<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Welvers and Consents. Lender shah not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents)
<br />unless such waiver Is in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shah operate as a
<br />waiver of such right or any other right. A waiver by any party of a provision of this Dead of Trust shell not constitute a waiver of or prejudice the
<br />' party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trusto's obligations as to any future
<br />transactions. Whenever consent by Lender Is required In this Deed of Trust, the granting of such consent by Lender in any instance shall not
<br />constitute continuing consent to subsequent Instances where such consent Is required.
<br />Walvar of Homestead Exemption. Trustoi hereby releases and waives all rights' and benefits of the homestead exemption laws of the State of
<br />Nebraska as to all secured by this Dead of Trust.
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