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� 11�9-1999 DEED OF TRUST Page 5
<br /> Loan No 1041326 (Continued) g 9 1110 2 2
<br /> the Property at the time and place of sale foced by it in such Notice of Sale,either as a whole, or in separate lots 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 lawful money of :
<br /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold,but without any covenant or warrany,express or implied. The recitals in such dsed of any matters :
<br /> or facis shall be conclusive proof of the truthfulness thereof. Any person, includiny without 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 shail eppiy the proceeds of sale to payment of (1)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 accxued interest and Iate Charges, (ii)all other sums then
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legally endUed thereto. :
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any porHon of the Properiy.
<br /> Remedies Not Exclusive. Trustes and Lender,and each of them,shall be entNled to enforce payment and performance of any indebtedness
<br /> or obligations secured by this Dsed of Trust and to exercise ail rights and powers under this Deed of Trust, under the Note, under any of the
<br /> Related Documents, 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 heresfter 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 enforcement,whether by court action or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or
<br /> enforce any other security 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 other securiiy now or hereaff�heid 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 Lander, is intended to be
<br /> exclusive of any other remedy in this Deed of Trust or by Iaw 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 e�dsting at Iaw or�in equity or by statute. Every power or remedy given by the
<br /> Note or any of the Related Documents to Trustse or Lender or to which either of them may be otherwise entitled, may be exercised, :
<br /> concurrently or independenHy, 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 deficiency 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 requesis 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 forth in the first paragraph of this Deed of Trust.
<br /> Walver, Electlon of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a wafver 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 expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to :
<br /> perform shall not affect Lender's right to declare a default and to exercise any of its remedies.
<br /> Attomeys'Fees;E7cpenses. If Lender insdtutes any sutt or ecdon to enforce any of the terms of this Deed of Trust,Lender shall be entiiled to
<br /> recover such sum as the court may adjudge reasonable as attomeys' fees at irial and on any appeal. Whether or not any court action is :
<br /> involved,all reasonable e�enses incurred by Lender which in Lenders opinion are necessary at any time for the protection of its interest or the :
<br /> enforcement of its righis shall become a part of the Indebtedness payabie on demand and shall bear tnterast at the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph indude,without IimitaHon, however subject to any limiis under applicable law,
<br /> Lende�'s attorneys' fees whether or not there is a lawsuit, including aitorneys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automatic stay or injunction), appeals and any anticipated post—judgment collection services, the cost of searching records,
<br /> obtaining title reporis (including foreclosure reporls),sunreyors' reports,appraisal fees, tide insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any court cosis,in addition to all other sums provided by law.
<br /> Riyhts of Trustee. Trustee shall have all of the righis and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligaHons of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addition to sll powers of Trustee 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 righis to the public; (b)join in granting any easement or creating any restriction on the Real Property;
<br /> and (c)join in any subordination or other agreement affecting 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 addition to the rights and remedies set forth above,
<br /> with respect to all or any part of the Properiy,the Trustee shall have the right to foreclose by noUce 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 appant a sucx�ssor Trustee to any Trustee appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the ofhce of the recorder of HALL County,Nebraska. The instrument shall
<br /> contain, in eddition to all other matters required by state law,the names of the original Lender,Trustee,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 title,power,and duties conferced upon the Trustee in this Dsed of Trust and by applicable
<br /> Iaw. This procedure for subs6tution of trustee shall govern to the exclusion of all other provisions for subsdtution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shaN be in writing, may be sent by telefacsimile (unless
<br /> otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recogni�ed overnight courier, or,if
<br /> mailed,shall be deemed effecHve when deposited in the UnHed States mail flrst class,c�rtified or registered mail,postege prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. 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 /> the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lend�and Trustee informed at all times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscc�lllaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,consdtutes the enHre understanding and agreement of the parties as
<br /> to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and :
<br /> signed by the party or pafies sought to be charged or bound by the alteratlon or amendment.
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Nebraska. Thls Deed of Trust
<br /> shall be�ovemed by and construed In accord�ce wlth the Mws of the State of Nebraska.
<br /> Caption Headinys. 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 /> Meryer. 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 /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Multiple Parties. All obiigations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each and
<br /> every Trustor. This means that esch of the persons signing below is responsible for dl obligations in this Deed of Trust.
<br /> Severability. If a cou�t of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance,such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any
<br /> such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however,if the offending provision
<br /> cannot be so modified,it shall be stricken and all other provisior�s of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Succesaors and Assiyns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest,thls Deed of Trust shall be
<br /> binding upon and inure to the benefit of the parties,their suc�essors and assigns. If ownership of the Properiy becomes vested in a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor irom the obligaHons of this Deed of Trust or liability under the
<br /> Indebted�ess.
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