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��-�2-�999 " DEED OF TRUST Pege 5
<br /> . Laan No 1043066 (Cor�tinued) 9 9 111 U 6 5
<br /> Riyht to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust
<br /> within the preceding iwelve (12) months, it may be cured (and no Event of Defauft will have occurred) if Trustor, after Lender sends written
<br /> notice demanding cure of such failure: (a)cures the failure within fifteen (15) days; or (b) ff the cure requires more than fifteen (15) days,
<br /> immediately initiates steps su(ficient to cure the failure and thereafter continues and completes all reasonable and necessary steps suf�CCient to
<br /> produce compliance as soon as reasonably practiccal. � '
<br /> RIGHTS AND REMEDIES ON DEFAI�T. Upon the occurrence of any Event of Defeult and at any time thereafter,Trustee or Lender,at iis option,
<br /> may exercise any one or more of the following righis and remedies,in addition to any other righis or remedies provided by law:
<br /> Acceleretlon upon Default; Additiond Remedks. If any event of default occurs as per the terms of the Note secured hereby,Lender mey
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable withoW
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent,with or without bringiny any action or proceeding, or by a reoeiver appanted by a court and without
<br /> regard to the adequacy of its security,enter upon and take possession of the Property,or any pert thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary cr cJesirable to preserve the value,marketability or rentability of the Properiy,or part
<br /> of the Property or interest in the Property;increase the income trom the Property or protect the security of the Prcperiy;end,with or without
<br /> taking possession of the Property,sue for or otherwise cdlect the rents,issues and proflts of the Prcperty induding those past due and
<br /> unpaid,and appiy the seme,less cosls and e�er�ses of operatlon and collection,including attorneys'fees,to any Indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Prope�ty,the coilection
<br /> of such rents,issues and profds,and the applicadon thereof shaN not cure or waive any defauft or�oUce of default under this Deed of Trust
<br /> or invalidate any act done in response to such defautt or pursuent to such notice of defaulh and, notwithstandinp the contlnuance fn
<br /> possession of the Property or the cdlectlon, receipt and application of rents, issues or prolHs, Trustee or Lender sheA be entitled to
<br /> exercise every right provided for in the Note or the Related Dxuments or by law upon the occu►rence of any event of default,induding the
<br /> right to exerase the power of sale;
<br /> (b) Commence an action to foreciose this Deed of Trust as a mortyege,appant a receiver or
<br /> hereof;and ��NY enforce any of the covenants
<br /> (c) Deliver to Trustee a wriften declaration of default and demand for sale and a written noUce of default and electlon to cause Trustor's '
<br /> interest in the Property to be soid, which notice Trustee shall catue to be duly flled for record in the appropriate ofNces of the Counly in '
<br /> which the Properiy is located;and
<br /> (d) Wfth respect to all or any part of the Personal Property, Lender shali have all the righis and remedies of e secured party under the '
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shall nodfy 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 sha�l cause to be recorded,published and d�ivered 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,aRer such time as may
<br /> then be required by law and aft�recordation of such Notice of DefauR and aRer Notice of Sale having been given as required by law,sell '
<br /> the Properiy at the Ume and place of sale foced by it in such Notice of Sale,either as a whole, or ln separate lots or parcels or items as
<br /> Trustee shall deem expedient,and in such order as it may determine,at public auction 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 Hs pood and su(ficient deed or
<br /> deeds conveying the properiy so sdd,but without any covenant or warranty,express or implied. The recitals in such deed of any matters
<br /> or fecls shall be conclusive proof of the truthfulness thereof. Any person, including without limitabon Trustor,Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting ail costs,fees and expenses of Trustee and of this Trust,including cosls of evidence of
<br /> title in connectlon with sale,Trustee shall epply the proceeds of sale to payment of (i)all sums e�ended under the terms of this Deed of
<br /> Trust or under the terms of the Note not then repaid,indudlnp bW not Rmited to accrued interest and late charges, (ii)ail other sums then
<br /> secured hereby,and (iii)the remainder,if any,to the person or perso�lepally entitled thereto.
<br /> (c) Trustee may in the menner provided by law postpone sale of all or any portion of the Property. :
<br /> Remedies Not ExGusive. Trustee and Lender,and each of them,shaH be entltled to enforce payment and performance of any indebtedness '
<br /> or obligaHons secured by this Deed of Trust and to exercise aN rights and powers under this Deed of Trust, under the Note, under any of the
<br /> R�eted Dxumenis, or under any other a�reement or any laws now or hereafter in force; notwithstandirq, some or aq of such (ndebtedness
<br /> and obligaHons secured by this Deed of Trust may now or hereafter be ptharwise secured�Wh��by m��� � of trust, pledpe, Nen,
<br /> assignment or otherwise. Neither the ecxeptance of this Deed of Trust nor its enforc;ement,whether by co�xt acHon or pursuant to the power of
<br /> sale a other powers conteined in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's riyht to realize upon or
<br /> enfwce any other security now or hereaRer held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be
<br /> entided to enforce this Deed of Trust and any other security now or hereatter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discxetlon det�mine. No remedy conferred upon or re,senred 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 shell be cumulative and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereatter e�dsting at law or in equity or by statute. Every power or remedy given by the
<br /> Note or any of the Related Documents to Trustee or Lender or to wh�h either of them may be otherwise entitled, may be exercised,
<br /> concurrenfly or independently, from Ume to time and as often as may be deerned expedient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be consh�d as prohibidng Lender trom seeking a deficciency judgment
<br /> against the Trustor to the extent such acHon is permitted by law.
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<br /> Request For Notice. Trustor,on behalf of Trustor and Lender,hereby requesis that a copy of any Notice of Defauft and a copy of any Nodce
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the�rst paragraph of thls Deed of Trust.
<br /> Wdver, Election of Remediea. A waiver by any pe�ty of a breech of a provi5ton of this Deed of Trust shall not constitute a waiver of or
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<br /> prejudice the pa�ty's rights otherwise to demand strict compliance with that provision or any other provision. Electlon by Lender to pursue any
<br /> remedy provided in this Deed of Trust,the Note,in any Related Dxument,or provided by law shaN �ot exdude pursuit of any other remedy,
<br /> and an election to meke expenditures or to take action to perform an oblpation of Trustor under this Deed of Trust after failure of Trustor to
<br /> perform shall not affect Lender's right to declare a defeuft and to exercisse any of its remedies.
<br /> Attorneys'Fees;E7cpenaes. If Lender institutes any suit or acNon fo enforce any of the terms ef this Deed of Trust,Lender shall be endded to
<br /> recover such sum as the court mey adjudge reasonabie as attorneys' fees at trial and on any appeal. Whether or not any court actlon is '
<br /> involved,all reasonable s�enses incurred by Lender which in Lender's opinion are necessary at any tlme for the protectlon of its interest or the
<br /> enforcement of its rights shail become a pa�t of the indebtedness payable on dema�d and shall bear interest at the Note rate from the date of
<br /> expenditure untll repaid. Expenses covered by this paragraph include,without limitatlon, however subject to any Iimits under applicable law,
<br /> Lender's attorneys'fees whetF�er or not there is a lawsuit, induding aitomeys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automedc stay or injunctlon), appeals and any anddpated post-judyment collectlon serv�Ces, tli6 cost ot seerchinp recprds, '
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<br /> obtaining title reporls (including foredosure reports),surveyors'reports,app�aLsal fees,title �r�urance, and fees for the Trustee,to the extent '
<br /> permiited by applicabie lew. Trustor also will pay any court c�is,in addition to aN other sums provided by law.
<br /> Riyhts of Trustee. Trustee shall have all of the rights and duiies of Lender as set forth in this sectlon.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relatlng to the powers and obligedons of Trustee are part of this Deed of '
<br /> Trust.
<br /> Powers of Trustee. In addition to sll powers of Trustee arisinp as a matter of law,Trustee shell 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 flling a map or plat of the Real Property
<br /> including the dedication of streeis or other righis to the public; (b)Join in granting any easement or creadng any reshicHon 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 qualificadons requtred for Trustea under applicable law. In addidon to the�phts and remedies set fath abeva,
<br /> with respect to all or any part of the Property,the Trustee shall have the right to foredose by notk;e 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 appiicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to tlme appant a succ�ssor Trustee to any Trustee appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the oiflc:e of the recorder of HALL County,Nebreska. The instrument shall
<br /> contain, in addition to�M aiher matters required by state law,the nemes of the originel Lender,Trustee,and Trustor,the book snd page(or
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