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<br /> � ' 11-35-1999 DEED OF TRUST 9 g 1112 7 6 page 5
<br /> Loan No 1042340 (Continued)
<br /> Existing Indebtedness. A default shall occur under any F�dsting Indebtedness or under any instrument on the Property securing any Existing
<br /> Indebtedness,or commencement of any suit or other action to foreclose any e�dsting lien on the Property.
<br /> Right to Cure. If such a failure is curable and if Trustor has not been given a nofice of a breach of the same provision of this Deed of Trust
<br /> within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written
<br /> notice demanding cure of such failure: (a) cures the failure within fiReen (15) days; or (b) if the cure requires more than fifteen (15) days,
<br /> immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to II
<br /> produce compliance as soon as reasonably practical. i
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the oc:currence of any Event of Default and at any time therseftar,Trustee or Lender,at its option, '
<br /> may exercise any one or more of the following rights and remedies,in addition to any other righis or remedies provided by law:
<br /> Accelerotion upon DeMult; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without i
<br /> any presentment,demand,protest or notice of any kind. ThereaRer,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proc�eding, or by a receiver appointed by a court and without �
<br /> regard to the adequacy of i1s security,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketabiliy or rentability of the Property,or part
<br /> of the Properly or interest in the Property;increase the income from the Property or protect the securky of the Property;and,with or without
<br /> taking possessiqn of the Property,sue for or otherwise cdlect the rents,issues end proflls of.the Property, including those past due and
<br /> unpaid,and apply the same,less costs and e�en5es of�pe�#�n ar.d collacticn,irsciuding attorr.eys'fees,to any indebt6dness secured
<br /> Gy��s��vfi irast;gif ir�sucn a��as�ender r►u�y oeiermine. i ne entenng upon and taking possession of the Properiy,the collec6on �
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any defauft or notice of default under this Deed of Trust
<br /> or invalidate any act done in response to such defauR or pursuant to such notice of defautt; and, notwithstanding the continuance in
<br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to
<br /> exercise every right provided for in the Note or the Related Documents or by Iaw upon the occurrence of any event of default,including the
<br /> right 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 cause Trustor's
<br /> interest in the Property to be sold,which notice Trustee shall cause to be duly filed for record in the appropriate ofFces of the County in
<br /> which the Properiy is located;and
<br /> (d) With respect to all or any part of the Personal Property, Lender shall have ali 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 Sele herein contained,Lender shall notiy Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such rec�ipts 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 NoHce of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shali, withoW demand on Trustor,after such time as may
<br /> then be required by law and after recordation of such Notice of Default and aRer Notice of Sale having been given as required by law,sell
<br /> the Property at the time and place of sale fixed 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 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 purchasars thereof its good and sufficient deed or
<br /> deeds conveying the property so sold,but without any covenant or warcanty,express or implied. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, inciuding without limitation Trustw,Trustee, or Lender, may
<br /> . ,-.•----,..�:---,,,.�.� __ ,_._.
<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 connecUon with sale,Trustee shall apply the proc�eds 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 late 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 Iaw postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness
<br /> or obligaHons 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 Documents, or under any other agreement or any laws now or hereafter in foroe; notwithstanding, some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust may now or hereatter be othervvise 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 Trustse or Lender, it being agreed that Trustee and Lender, and each of them, shall be
<br /> entitled to enforce this Oeed 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 discretion 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 addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter e�osting 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 /> concurrently or independently, from time to time and as otten as may be deemed e�edient by Trustee or Lender, and either of them mey
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be conshued as prohibiting Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such acdon is p�mitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notk:e 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; Electlon oi Remedies. 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 othervvise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any
<br /> remedy provided in this Deed ofTrusT;�ie Note,in any Related UoCUment,or pravided by law shail not exGude pursuit of any ott�er remedy,
<br /> and an election to make expenditures or to take action to perform an obligaHon of Trustor under this Deed of Trust aRer failure of Trustor to
<br /> perform shall not affect Lender's right to declare a default and to exercise any of ita remedies.
<br /> Attomeys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled 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 Lenders opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part 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 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 collection services, the cost of searching records, i
<br /> obtaining title reports (including foreclosure reports),sunreyors' 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 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 obligations of Trustse are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In additlon 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 /> includiny the dedication of streets or other riqhts to the public; (b)Join in orantiny any easement or creatiny 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 qualificafions required for Trustee under applicable law. In addition to the riyhts 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 noHce and sale,and Lender shall have the right to
<br /> foreclose by judicial foreclosure,in either case in accordance with and to the fuH extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from tlme to tlme appo(nt a successor Trustee to any Trustee appointed hereunder by an �
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