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06-09 -2000 .. °.; a i (. DEED OF TRUST 200004914 Page s
<br />Loan No 28605 (Continued)
<br />the Nob or the Related Documents or by law upon the occurrence of any event of default, Including the 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 />int)e
<br />interest Deliver he Trustee tom d b�nnoti notice tee shall cause be duty filed for written
<br />record In the apppropdale offlcas of the County In
<br />which the Property is located; and
<br />(d) With respect to all or any part of tire Personal Properly, Lender shall have all the rights and ren4die6 of a secured party under the
<br />Nebraska Uniform Commensal Code.'
<br />Foreclosure by Power of Sale, If Lender elects to foreclose by 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 Sal as then required by law 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 lima and piece of sale teed by it In such Notice of Sal, atiher as a whole, or M separate tots or parcels or items as
<br />Trusts* shall deem expedient, and In such order as it may delermirne, at pub* auction to the NOW bidder Mr cash In to money of
<br />the United States payable at the time of sal. Trustee shag deliver to such purchaser or purchasers thereof Its good and
<br />deeds conveying the property so sold, but wt,tngut any r vrerrarrnt, express or implied. The recitals in such deed of any mNdters
<br />or shall be' 4' ` "Wetly of'fhe frumfulnass t Afry person, including without ImIkkkot Tit oW, lWislee, or Lender, may
<br />purchase at such sate.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses. of Trustee and of ttIts Taut, Including come of evidence of
<br />VU In connection with sal, Trustee shall apply the proceeds of sal to payment of 0) 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 interval and late charges, (g) all other sums then
<br />secured hereby, and (1) the remainder, If arty, to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by lave postpone sal of all or any portion of the Property.
<br />Remedies Not Mclusive, Truglas and Lender, Wh-of there, shall be entitled to enforce payment and performance of gny Indebtedness
<br />or, obligations . watered lily * #Zssd # Tn and tfs all rights and powers under this Deed of Trust, under the NoW'4m* any of the
<br />Related Documents, or under Orly other agreement, or any laws. now or hereefter In force; notwitlWWOM some or all of suo Indebtedness
<br />-- and obligations secured b�Deed of trust may now or hereaft r2be otherwise sacurred, whether py, mil e,. creed of malt, pledge, Ion,
<br />assignment or otherwise, the acceptance of this Deed of Trust nor few, whether by court acion or pursuant to the power of
<br />sal or other powers conga in 'Deed of Taut: Mall l•prejttdim- r W any- manner -affect Tnttitss's or, Lender's right to remise upon or
<br />enforce any other security new or howffer held by ThoWe or Lessner,4 bft:agrsed that Trustee and Lender, and each of them, shah be
<br />entitled to enforce thl Deed of Trust and any otter security now or hereafter herd by Lender or Trustee In stfch order and manner as they or
<br />either of them may M their sbeekife won determine. No remedy conferred °upon; or reserved to Tr%pW -or Lender, Is intended to be
<br />exclusive of any other remedy M titl Deed of Trust or by law provided or permitted, but each shay be cumulative and shall be in addition to
<br />every other remedy given in 0* Deed of Trust or now or hereafter existing at law or in eqW or by statute. Every power or remedy given by the
<br />Note or any of the Related Documents to Trustee or tender or to which either of them may be Otherwise erditled, may be exercised,
<br />concurrently or independently, from time to time and as often as may be deemed expedlrt by Trusise or Lender, and either of them may
<br />pursue Inconslsterst 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 Notka. ?mouton, 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 Tact be malted to tinerfn at the addresses set Myth in the first paragraph of this Deed of Trust.
<br />W~; Election of Renudlee. A waiver by any party of a breach of a provision of this Dead of Trent shall not constitute a waiver of or
<br />prejudice the party's rights otherwise to demand *lot ow o" with that provision or any other provision. Elecilon.4K anF
<br />remedy provided in this Deed of Trust, ft t� bin few IiAe'
<br />i - seller tQ peir►q! Ln Ten Q cf # failure of Trustor to
<br />-perform snas nor affect unoers ngm to aeciare a aeramnt anom exercise any or as remeams.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this pe0on.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relrding to the powers aheLotti 0i.S a ior•!frdafeei pat `of.lift Deed of
<br />Trust.
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shag 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 0% a map or plat of the Real Property,
<br />including the dedication of sheets or other ruts to the public; (b) join In granting any easement or creating ary nest; on on the Real Property;
<br />and (c) join in any subordination or other agreement aflecting this Deed of Trust or the Interest of Lender under this Dead of Tent.
<br />Trustee. Trustee shag meet all quaglbations 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 Trusias shall have the right to foreclose by notice and sale, and Lender stag have the might to
<br />foreclose by judicial foreclosure, in either ease in accordance with and to the fug extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to lima appotN a successor Trustee to any Trustee appointed hereunder by an
<br />kelrucrernt exwjbd and acknowledged by Lender and recorded in the office of the recorder of HALL County, Nebraska. The instrument shag
<br />contain, in addition to all ratter melters required by state law, the narnce of the'original Lender, Trustee, and Trustor, the book and,page (or
<br />computer system reference) whore this Deed of Trent Is recorded, and the name and address of the suocom or trustee, and the Instrument shag
<br />be executed and acknowledged by all the beneficiaries under the Deed of trust or their success= In interest. The successor trustee, without
<br />conveyance nt the Property, shill stxceed.to all the tide, power, and duties conferred upon the Trustee, In Oft Deed of Taut and by applicable
<br />law. This procedure for st baftition of trustee shall govern to the exclusion of all other pmvbl= for substitution.
<br />NOTICES TO TRtMVM AND OTHER PARTIES. Any notice under this Dead of Trent shag be in writing, may be sent by telfacaimge (unless
<br />otherwise required by taw), and shag be elfective when wholly 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 mall, postage prepaid, directed to the
<br />addresses shown near the beginning of this Deed of Trent. 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 />h has.priority over this Deed of Trust shag be sent to Lender's address, as shown near the beginning of this Deed of Trust.
<br />�iiaep Lemader and Trusbe ItOpwatat"ral tires of Tremor's r rr tt�sarrhtlraea� A, .� .
<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 atteralion of or amendment to this Deed of Tent shag 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 />Annual Reports. If the Property Is used for purposes other than Trustor's residence, Trustor shag furnish to Lender, upon request, a certified
<br />statement of not operating income received from the Property, during Trustor's previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating Income" shall mean all cash receipts from the Property ices all cash expenditures made In connection with the operation
<br />of the Property.
<br />Applicable Lew. This Deed of Trust has been d0vered to Lender and aceepfed by Lender In' the Stile of Nebraska. This Deed of Trust
<br />shall be goverred by and omsbued In accordance with the laws of the State of Nebraska.
<br />Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the
<br />provisions of this Deed of Trust.
<br />Merger. 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 />fire held by or for the benefit of Lender in any ceppdy, without the written consent of Lender.
<br />Multiple Pardee. AN obggalbrne of Truster
<br />un
<br />Deed of Ti�it shag be Joint and several, and erg references to Truster shall mean each and
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