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<br /> • 11-04-1999 DEED OF TRUST 9 9 1 �, � $� � Page 5 :
<br /> Loan No (Continued)
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of DefauN :
<br /> and Notk:e 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 bs 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 Properiy at the time and place of sale ftoced by it in such NoHce of Sale, either as a whole, or in separate lots or parcets or items as :
<br /> Trustee shall deem e�edient,and in such order as it may determine,at public sucHon to the highest bidder for cash in lawfui money of :
<br /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof iis good and sufficient 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 proof of the truthfulness thereof. Any person, includin� without Iimitatlon Trustor,Trustee, or Lender, may :
<br /> purchase at such sale.
<br /> (b) As mey be permitted by law,after deducting all cosls,fees and expenses of Trustes and of this Trust,including costs af evidence of :
<br /> Nde in connection with sale,Trustee shaU appty 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 limfted to accrued interest and Iate charges, (ii)ail 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 portion of the Property. :
<br /> Remedles Not Exciusive. Trustee and Lender,and each of them,shall be enHtled to enforce payment and performance of any indebtedn�s
<br /> or oblipations secured by fhis Deed of Trust and to euerclse all riyhls and powers under this Deed of Trust, under the Note, under any of the :
<br /> Retated Documents, or under any other agreement or any laws now or hereafter in force; noiwithstanding,some w all of such indebtedness :
<br /> and obligaHons secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mort�aye, deed ot trust,piedge,lien, :
<br /> assignment or otherwise. Neith�the aa�ptance of this Deed of Trust nor its enforcement,whether by court actlon or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, sheN prejudice or in any manner aflact Trustee's or Lender's right to reaNze upon or
<br /> enforce arry OtF�er secuTity noNr or hereflRer hAld by Trustee or.Lend�,it befng agreed.tfiat Trustee and lender,and each of them, shaN be :
<br /> entlUed 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 discxeaon determine. No remedy confeRed 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 exisHng at law or in equity or by statute. Every power or remedy given by the :
<br /> Note or any of the Related Documenls to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, :
<br /> concurrently or independently, from time to Hme 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 conshued as prohibiBng Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such action is permitted by law. :
<br /> RsqueN 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 Sele under this Deed of Trust be maiied to them at the addresses set forth in the first parapreph of this Deed of Trust. :
<br /> Wdver; Elactbn of Remsdles. A waiver by any party of a breach of a provision of this Deed of Trust shall not consHtute a waiver of or :
<br /> prejudice the party's rights otherwise to demand sMct compliance with that provision or any other provision. ElecHon by Lender to pu►sue any
<br /> remedy provided in this Deed ot Tn�st,the Note,in any Related Dxument,or provided by law shelt not exclude pursuit of any other remedy, :
<br /> and an elecBon to meke expenditures or to take actlon to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to :
<br /> perform shaN not affect Lender's right to dedare a default and to e�cercise any of its remedies.
<br /> AHorn�ys'Fees;E�enaes. If Le�der insHtutes any suft or acbon to enforc:e any of the terrr�of this Deed of Trust,Lender shall be enNtled b :
<br /> recover such sum as the court may adJudge reasonabte as attorneys' fees at trial and on any appeal. Whether or not any cou�t action is :
<br /> irnolved,all reasonable expenses incurred by Lender whkh in Lender's opinion are necessary at any Hme for the protection of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shaN bear interest at the Note rate irom the date of
<br /> expenditure until repaid. E�enses covered by this paragraph include,without IimitaUon, however subject to any limits under applicabie law, :
<br /> Lender's attorneys'fees whether or not there is a Iawsuit,indudiny attorneys'fees for bankruptcy proceedings (including efforts to modi(y or :
<br /> vacate any automatic stay or injur�ction), appeals and any anticipated pos�judgmeM collection services, the cost of searching records, :
<br /> obtaining title repais (including foredosure reports),surveyors' reports,eppraisal fees,title insurance, and fees for the Trustee,to the extent :
<br /> permitted by applicable law. Trustor also will pay any court costs,in addiHon to aN other sums provided by Iaw. :
<br /> Riqhts of T►uatee. Trustee shall have aN of the riyhts and duNes of Lender as set forth in this sectlon. :
<br /> POWERS AND OBLIGATIONS OF TRU3TEE. The fdlowing provisions relating to the powers and obliyaaons of Trustee are part of thts Deed of :
<br /> Trust.
<br /> PoMrers of Tru�. Ir►addiNori to aN powe►s ot Trustee aristng as a matter of I�w,Trustee shaq have the pow�er ta�ksthe loNowlnp acHons :
<br /> with respect to the Property upon the written request of Lend�and Trustor: (a)jan in preparing and filing a map or plat of the Real Property,
<br /> including the dedicadon of streets or other�iyhts to the public; (b)join in grantlny any easement or creaHng any restriction on the Real Property;
<br /> end (c)jdn M any subordinaHon or other agreement affectlng this Deed of Trust or the interest of Lender under thls Deed of Trust.
<br /> Trustee. Trustee shaN meet aN quaN6cadons required for Trusstee under appNcable law. In addiUon to the rights and remedies set forth abo�re,
<br /> with respect to aR or any part of the Property,the Tn�tee sheN have the ripht to foredose by notfce and sale,and Lender shall have the riyht to
<br /> forec�ose by judk�al forec�osure,in either case in accordance with and to the full extent provided by appHcabls law.
<br /> Successor Trustee. Lender,at Lender's opdon,may from Ume to tlme appoint a suocessor Trustee to any Trustee appanted hereunder by an
<br /> ir�strument e�cecuted and acknowledged by Lender and recorded in the office of the recorder of Valley County,Nebraska. The instrumeM shali
<br /> contain,in additlon to all other matters required by state law,the names of the original Lender,Trustee, and Trustor,the book and page(or :
<br /> compWer system reference)wh�e this Deed of Tn�st is recorded,and the name and address of the successor trustse,and the instrument shall
<br /> be executed and adcnowledqed by aN the beneficiaries under the Deed of Trust or their successors in interest. The successor trustee,without
<br /> conveyance of the Property,shaA succeed to aq the dde,power,and duties conferred upon the Trustee in this Deed of Tru�t and by applicable
<br /> law. This procedwe for s�s�tution of trustee shaN govem to the exdusion of all other provisions for substitutlon.
<br /> NOTICES TO TRUSTOR AND OTFIER PARTIES. My noUc:e under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> otherwise required by law),and shaA be effective when actuaNy delivered,or when deposited with a nationalty recogn(zed overnight courier, or,ff
<br /> mailed,shall be deemed effecdve when deposited in the United States maN ikst class,certified or repistered maA.Postaye Prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. My pariy may change ils address for notices under this Deed of Trust by giving formal
<br /> written notice to the other parties,specifyirq that the purpose of the notice is to change the party's address. All copies of notice.g of foreclosure irom
<br /> the holder of any lien which has prioriiy over this Deed of Trust shaA be sent to Lender's eddress,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,7rustor agrees to keep Lender and Trustee informed at sA times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The fdlowing miscellaneous provisions are a part of this Deed of Trust:
<br /> M�endmenb. Thfs Deed of Trust,together with any Related Dacuments,cons4tutes the entlre understanding and agreement of the parties as :
<br /> to the matters set forth in this Deed of Trust. No altera6on ot or amendment to this Deed ot Trust shall be effecHve unless given in writing and
<br /> signed by the party or partie.s sought t,o be charged or bound by the alteratlon or amendment.
<br /> Mnual Reporta. If the Property is used for purposes other than Trustor's residence,Trustor shaU furnish to Lender, upon request,a certified
<br /> statemeM of net operatln� income rec�ived irom the Properiy duriny Trustor's previous .�scal year in such form and detail as Lender shalt
<br /> requhe. "Net operafing fncome"shall mean a11 cash receipts from the Properiy less all cash expenditures made in connection with the operaHon
<br /> of the Property.
<br /> Applkable Law. This Deed of Truat has been delivered to Lender and eccepted by Lender M the State of Nebroslca. This Deed ot Trust
<br /> shdl be qovsmed by and conshuad In acc�dance wflh�e laws ot the State ot Nebrosice. :
<br /> Caption Fkadin�s. Ception headitps in this Deed of Trust are for convenience purposes oniy and are not to be used to interpret or define the
<br /> provisions of thls Deed of Trust.
<br /> Merpsr. There shaq pe no merger of the inter9st or estate created by this Deed of Trust with any other interest or estate in the Property at any
<br /> Ume held by or tor the banMit of Lender In any cepady,wfthout the wriHen consent of Lender.
<br /> SeverabNlf�r. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforc�aable as to any person or
<br /> dreumstance,such finding shaH not render that provisfon)nvalid or unentoroeable as to any ott�er persons or circumstances. If leasible,any
<br /> such offending provision shaA be deemed to be modified to be within the Nmits ot enforceabflity or vaiidity;however,N the offending provision
<br /> cannot be so moditied,it shall be sMdcem and all other provisions of this Deed of Trust in aN other respects shall remain valid and enfort�table.
<br /> Succeseora and Assipna. Subject to the IimitaHons stated in this Deed of Trust on transfer of Trustor's Interest, this Deed of Trust shall be
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