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06-��-�999 DEED OF TRUS�9��� Page 6
<br /> Loan No 764154 (Continued) ��� �
<br /> �ight 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 causa 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 COUniy in
<br /> which the Property is located;and �
<br /> (d) With respect to all or any part of the Personal Property, Lender shall have ah the rights and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sele. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shall notiy 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 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 Properly at the time and place of sale foced by it in such Notice of Sale,either as a whole, or in separate lols 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 thereof its good and suf�cient deed or
<br /> deeds conveying the property 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 p�oof of the truthfulness thereof. Any person, inc�uding witho�tt 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 accrued interest and Iate charges, (fi)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 Iaw postpone sale of all or any po�tion of the Property.
<br /> Remedles Not Exclusive. Trustee and Lender,and each of them,shall be entlBed 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 Documonts, 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 enforoement,whether by court action or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, shail prejudice or in any manner affect Trustee's or Lender's right to realize upon or
<br /> enforce any other securi�y 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 otFier securiiy now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretlon 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 adu�ition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existlng at law or in equfty or by statute. Every power or remedy give�i 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 efther of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deflciency judgment
<br /> against the Trustor to the extent such action is permitted by Iaw.
<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 fath in the first paragraph of this Deed of Trust.
<br /> Waiver; Electlon of Remedles. 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 law shall not exclude pursuit of any other remedy,
<br /> and an election to make e�cpenditur� or to take acHon to perform an obligafion of Trustor under this Deed of Trust after failure of Trustor to
<br /> perform shall not affect Lende�'s right to declare a default and to exarcise any of its remedies.
<br /> Aitomeys'Fees;Expenses. If Lender institWes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entiHed 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 reasonable 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 e pa�t of the Indebtedness payable 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 Iaw,
<br /> Lender's attorneys'fees whether or not there is a Iawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automatic stay or injunction), appeals and any anficipated post-judgment collection services, the cost of searching records,
<br /> obtaining title reports (including foreclosure 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 law.
<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 7rustee 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 reshiction on the Real Prnperty;
<br /> and (c)join in any subordination or other agreement affecHng 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 addiHon to the righis and remadies set forth above,
<br /> with respect to all or any part of the Properly,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 office of the recorder of HALL County,Nebraska. The instrument shall
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