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��-��-1999 �� � � �� �J� DEED OF TRUST Page 5
<br /> Loan No 1043363 (Continued)
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the contlnuance in
<br /> possession of the Property or the collection, receipt and application of rents, issues or profiis, Trustee or Lender shail be entitled to
<br /> exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default,fnciuding the
<br /> right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appant a rec�iver or specifically enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for saie and a written notice of default and election to cause Trustor's
<br /> interest in the Property to be sold,which notice Trustee shall ceuse to be duly filed for record in the eppropriate of�of the County in
<br /> which the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a 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 noHiy 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 noHce from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such NoHce 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 Iaw and after recordation of such Notice of Default and after Notic:e of Sale heving been given as required by Iaw,sell
<br /> the Property at the time and place of sale foced by it in s�h Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br /> Trustee shall deem e�edient,and in such order as it may determine,at public euction 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 th�eof its good and sufBcient deed or
<br /> deeds conveying the property so sold,but without any covenant or warranty,e�ress or implied. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, including without IimitaHon Trustor,Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by Iaw,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, (ii)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 law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and each of them,shall be entlded to enforce payment and performence of any indebtedness
<br /> or obligations secured by this Desd of Trust and to exercise all righls 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 hereatfer in force; noMrithstandinp, some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust may now or hereaRer be otheiwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acxx;eptance of this Deed of Trust nor its enforcement,whether by court action or pursuent 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 reali�e upon or
<br /> enforce any other security now or hereafter heid 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 end 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 discretion determine. No remedy conferred upon or resenred 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 cumulafive and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereaRer existing at Iaw 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 which either of them may be otherwise entitled, may be exercised,
<br /> concurrendy or independently, 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 actlon is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lend�,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 forth in the first paragraph of this Deed of Trust.
<br /> Waiver; Election of Remedies. A waiver by any pariy of a breach of a provision of this Deed of Trust shall not constltute a waiver of or
<br /> prejudice the party's rights othervvise 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 Document,or provided by law shall not exclude pursuft of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor or Borrower under this Deed of Trust after failure of
<br /> Trustor or Borrower to perform shall not affect Lender's right to declare a default and to exercise any of its remedies.
<br /> Attomeys'Fees;Expenses. If Lender institutes any suit or acHon to enforce any of the terms of this Deed of Trust, Lender shall be entided to
<br /> recover such sum as the court may adjudge reasonable as attomeys' fees at Mal and on any appeal. Whether or not any court actlon 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 /> enfo�cement of iis rights shali become a part of the Indebtedness payable on demand and shall bear interest et the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph ir�lude,without limitation, however subject to any limits under applicable law,
<br /> Lender's attorneys'fees whether or not there is a lawsuit, including attorneys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automatic stay or injunction), appeals and any anticipated post judgment cdlection services, the cost of searching records,
<br /> obtaining tiHe reports (including foreclosure reports),surveyors' reports, appraisal fees,Ude insurance, and fees for the Trustee,to the e�ent
<br /> permitted by applicable law. Trustor also will pay any court costs,in additlon to all other sums provided by law.
<br /> Rlyhts ot 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 provislons relaHng to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustce. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions
<br /> with respect to the Property upon the written request of Lend�and Trustor: (e)jan in preparing and filing a mep o�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 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 shalt 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 Property,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 faw.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a suxessor Trustee to any Trustee appanted 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 addition to all other matters required by state Iaw, 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 neme and address of the successor trustee,and the instrument shall
<br /> be executed and acknowiedged by all the beneficiaries under the Deed of Trust or their s�sors in interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitufion.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any noHce under this Deed of Trust shall be in wriHng, may be sent by telefacslmile (unless
<br /> otherwise required by law), and shall be effective when actually delivered, or when deposited with a natlonally recognized ovemight cour(er, or,if
<br /> mailed,shall be deemed effective when deposited in the United States maii first class,cefifled or registered mail,postage prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change iis address for notic�s under this Deed of Trust by giving formal ,
<br /> written notice to the other parties,speciiying that the purpose of the notice is to change the pariy's address. All copies of notices of fweclosure from
<br /> the holder of any lien which has priority over this Oeed of Trust shall be sent to Lenders address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to kesp Lender and Trustee informed at all times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Oeed of Trust,toyether with any Related Dxuments,cons�tutes the enti�e understandiny and a�reament of the parties as
<br /> to the matte►s set forth in this Deed of Trust. No alteratfon of or amendment to this Deed of Trust shall be ef�ecdve unless given in wriNng and
<br /> signed by the parly Or pqrqes sought to be charged or bound by the alteration or amendment.
<br /> Applicable Law. Thls Deed of Trust has been dNivered to Lender and accepted by Lender In the Stete M Nebraska. This Deed of Trust
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