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<br />03- 21-1irg0 DEED OF TRUST 10143 1 _
<br />Loan No 10238 (Con"nuem 89-- Pages
<br />unpaid. and NOW tho soots, ian costs and *9atnsae of operation and collrctbr% to any Indebtedness secured
<br />such order as Lender may determine. The angling upon and takkrg posMeNon of Vo Dead of Trust, aft in
<br />PM ft and VM application thereof shoe not curs or water airy ddauft or notice of default under Oft ODmd �n oar s �
<br />In rGWOM 10 such ditM or pursuant b such notice of dNuuih and, notw"Manding the cominuatoe to p m e inn of the act done
<br />oc:atxion, receipt and appiieMon of rents, iseuat or proft Trustee or Lander Shat bo entiWd to exacieo col h or the
<br />or the Rehftd DOCUrrurtts or bylaw upon the occurrarm of any event of daf lL including the MM to aoaar , Iasi a pr w" aaaM in tits Nate
<br />(b) Corrtmarm an action to foreclose this Dated of Trug as a mortgage. appoint a rocelver or spectticaly artforce any of the covenants
<br />hereof; and
<br />(o) Ddhw b TnusMe a written declaration of ddaull and demand for sale and a written notice of default and atection to cause Gramor's
<br />[rated In the Plop" to be sold, which nears Trustee shall cause to be duty filed for record in the appropriate ofRoee of the County in which
<br />tfta Property to located; and
<br />00 with rasped to all or any part of the Personal Property. Lender shall have all the rights and remedies of a secured party under ttte
<br />Nebraska Unitwm Commercial Code.
<br />Foredosuus by Power at Sale. If Leander elects to foreclose by exercise of the Power of Sale herein contained, Lander shall notify Trust se and
<br />shall deposit with Tman this Deed of Trust 93Lh this Note and such receipts and evidence of expenditures made and, secured try this Deed of
<br />Trust as Trustee may r0cttrire.
<br />(a) Upon (Welpt of such notice from Lendix.Tlusiee shat caress to be recorde A published and delivered to Grantor such Notice of Default
<br />bee Nodes of Sab ao then required by law and by ibis peed at Trust. Trustee eall. without demand on Grantor. alter such the as may Qren
<br />required by law and Met recordation of such Notice of Ogtvult and after Notice of SAID having been given ao required by law, sett the
<br />Property at tfw tiros and place of ads fired by it to such Notice of Sale, either as • whore, or In separate lots or parcels or items as Trustee
<br />shalt deem expedient; and In such order as it may determine, at public auction to the hig2l.va bidder for cash in lawful money of the United
<br />states payable ad the tines of sate. Trustee shall deliver to such PWVha9sr Or purchasers thereof Its good and sufficient dead or deeds
<br />conveying the Property so sold, but without any covenant or wwranty, express or Implied. The recitals In such deed of any matters or fact
<br />Strad ba conciudw proof of the truthfulness thereof. Any person, including without lia t Jon Grantor. Trustee, or Lender, may purcltaw at
<br />such $Me.
<br />(b) As Tray be permitted by taw. after deducung all costs, fees and expenses of Trustee and of this Trust, Including costs of evidence of title
<br />in conrdeation with sale, Trustee sha11 apply the proceeds of 8810 to payment of () fill suns expended under the terms of this Deed of Trrsi or
<br />under the terms of the Note not tries repaid. lrmkdinng but not limited to a=ll d interest and late charges, (i� at other sumo then secured
<br />hereby, and (NO the remainder, ff a*ty, b the person or persons legally entidedthereto.
<br />(c) ThMse may in the manner pmvided by taw postpone sale of all or any portion of the Pmpww.
<br />RwnedJtee Nbt EKdusive. Trustee acid Lender, and each of then, . s1.-al1 be entitiml to enforce &rxymerd and performance of any Indebtedness or
<br />obigatiorz &=red by this Deed of T-L-A and to exercise am rights and powers under this Dee d! trust, under the Note, under any of the FW;aled
<br />Documents, or under any other agreement or any taws now or hereafter ittt il,.;ce; notwilrVi-+ding, some or all of such inMbhxtnm acrd
<br />obligations secured by this Dead of Trust may now or hereafter be otheria4se secured, whai'ter by mortgage. deed of trust. pledge, lien,
<br />assignment or othervwise. Neither the aooeptarnce of tNa Deed of Tim nor its enTorcement, *ti'?ether by court action or pursuant to the power of
<br />sale or other Powers contained in no Deed of Trust, shall prejudice o: in a;7r manner affect Trzslaa s or Lender's right to realize upon or enforce
<br />any other security now or hereafter held -by Trustee or Lender, it bWV agreed that Trustee and 1LOnder, and each of them, shat be entitleed to
<br />enforce this Deed of Trust and any outer security now or hereafter hal9 by Lender or Trustee in such order and manner as they or either of them
<br />may in their abeolule discretion determine." hit rwiedy conferred upon or reswv=rte Trustee or Lender, is intended to be exclusive of any other
<br />remedy in this Deed of Trust or by taw provided o, Reanitted, but each shag be zu- auidtive and shall be in addition to every othet remedy given In
<br />tt3s Deed of Trust or now or hereafter a dstirng at taw or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Decttt nerti t b Trustee or Lander or lo vrtach either of them may be ezherwiss en#w., ^lay be exvo� sod, concurrentty or l:�thep+endentiy. from time
<br />M l ore a-xd.as often as may be dewmad expedient by Trustee or Lender, and either of them rr,�at {��taue Ineansisten: rs^�ae s . Nothing in this
<br />iii o% Trust shall be construed as prchibiUng Lender from seeking a deficiency judgment
<br />,70 iYed by law argainst the Grantor to the em 9 7t such action is
<br />Request for NoOm Grantor, on behalf of Grantor and lender, hereby request imt a copy of n^y Notice of Default and a copy of any ilvtta Wf
<br />Sate under this Deed of Trust be mailed to them at the addresses set forth In the tI-21 paragraph CC lVis Deed of Trust.
<br />Walvar EUctlon of Remedies. A v amar by any party of a breach of a provisicn VMS Deed 0 Tr-zt shall not constitute a wa"Aw of or prejudice
<br />the party', r"ghhr otherwise to demand, stria compliance with that prevision or a..'T ether proven. Election by Lender to pursue ahy remedy
<br />provided In this Deed of Trust, the tv.;d, In any FW42ed Document, or provides: 1.19 taw shall not exclude pursuit of any other remedy, and an
<br />election to make expenditures or to take action to Fe fcnrn an obllgation of Grantor wider this Deed of Trust E tw "allure of Grantor to perform shall
<br />not affect Landers right to declare a default and to exartse any of its remedies.
<br />Rights of Trustee. Trustee shall he vT aP if the rights and duties of lender as set forth In this section.
<br />POWER AND OBLIGATIONS OF TRUSTEE 7? a following provisions renting to the powers and obligations of Trustee are part of this Deed of Trust.
<br />Power of Trustea in adItOn c;, V) AN NOM of Trustae arising as a matter of law,. Trustee shall have the power to take the following actions w,"Jr
<br />respect to the Property up7rt:0-0 et Lender wdGrantor. (a) join in preWng and filing a map or ptuv: at the Real Property, Includin titre
<br />dedication of streep or altar rill JS .+cYSe ;bl;E; {L-; gain In granting any easement or creating any restriction on the Real Property; and (cp iNn err•.
<br />any subordination or other agreerrurt u�r3:y"ag this Deed of Trust or the interest of Lender under this Deed of Trost.
<br />Trust". Trustee shah most all quaifii:ah.r.s required for Trustee under applicable state law. In addition to the rights acid err nuerfrm JK+.tzimt
<br />above, tailh respect to all or any pare cf: ,.:.e Prcfsrry, the Trustee shat lua�^s ft;r3 rG3ht to foreclose by notice and sale. and lurncter s'rag 38,,00 q 0
<br />right to foreclose by judicial foreclosure, in either case in accordance wiat err , m, t1in fug extent provided by applicable law.
<br />Success" Thud". Lender, at Lenders option, may from time to time appo;rt: err mocessor Trustee to any Trustee appointed hereunder by a,
<br />Instrument executed and acknowledged by Lender and recorded in the office of the recorder Of Hall County, Nebraska. The Instrument $hail
<br />contain. in addition to ON other matters required by state law, the n,,dnes of the original Lender. Trustee, and Grantor, 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 benoliciarigs under the Deed of Trust or their successors in Interest The successor trustee, ns m w:':shall
<br />conveyance of the Property, shah succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by appkatk4e
<br />law. This procedure for substitution of trustee shalt govern to the exclusion of all other provisions for substitution.
<br />NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust, Including without limitation any notice of default and any notice
<br />Of sob to Grantor, shall be in writing and shah be effective when actually delivered or, if mailed, shall be deemed effective when deposited in the United
<br />States mail fast dM9, registered mail, postage prepaid, directed to the addresses shown at the top Of page one (1). Any party may change its address
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