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��-18-1999 DEED OF TRUST �;� i i �2 7 � Page 5
<br /> ' Loan�IVo 1044478 (Continued)
<br /> � or invalidate any act done in response to such default or pursuant to such notice of default; 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 enBtled to
<br /> exercise every right provided for in the Note or the Related Documenis or by law 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, appant a receiver or specificaily 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 defauk and elecBon 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 otfices 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 righls and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Fweclosure by Power of Sale. If Lender elects to foreclose by exe�ise of the Power of Sale herein contained,Lender shall nodfy Trustee and
<br /> shatl 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,Trustse shaN cause to be recorded,published and delivered 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,after such Hme as may
<br /> then be required by law and aRer recorda4on 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 foced by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br /> Truste�shall deem expedient,and in such order as ii may determine,at puE�lic auction to the highesE bidder for cash in lawful money of
<br /> the Unitnd States payable at tha time of sale. Trustee shaY d�liver to such purchaser or purchasers thereof ifs�ood 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, including without limitation Trustor, Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting all cosls,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 /> Remedles Not Exclusive. Trustee and Lender,and each of them,shall be entiHed to anforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and to exercise aN riyhls and powers under this Deed of Trust, under the Note, under any of the
<br /> Related Documenls, or under any other agreement or any laws now or hereafter in force; noiwithstanding, some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust mey now or hereafter be othe►wise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment w otherwise. Neither the acc�tBnCe ofl�is Deed of Trust nor its enforoement,whether by court action or pursuant to the power of
<br /> sale or other powers contained irt this l�eed of Trust, shell prejudice or in any manner affect Trustse's or Lender's right to realize upon or
<br /> enforce any other security now er hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be
<br /> entitled to enforce this Dsed of Trust and any other security now or hereaft�held by Lender or Trustee in such ord�and manner as they or
<br /> either of them may in their absolute discretion det�r'nine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br /> euclusive of any other remedy in this Deed of Trust or by lew provided or permitted, but each shall be cumulative and shall be in additlon to
<br /> every other remedy given in this Deed of Trust or now or hereefter e�dsBng at law or in equiiy or by statWe. Every power or remedy given by the
<br /> Note or any of the Related Dxumenis to Trustee or Lender or to which either of them may be otherwise entlded, may be s�cercised,
<br /> concurrendy or Independently, from Ume to time and as often as may be deemed e�edient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Tr�t shaN be construed as prohibitinq Lender from seekinp a deNciency Judgment
<br /> against the Trustor to the extent such acHon is permitted by law.
<br /> Request 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 Sale under this,Deed of Trust be mailed to them at the Pddresses set forth in the first paragraph of this Deed of Trust.
<br /> Walver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not consdtute a waiver of or
<br /> prejudice the pari�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;Expenaes. If Lender ins6tutes 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 attomeys' fees at trial and on any appeal. Whether or not any court action is
<br /> involved,all reasonabls expenses incuned by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part of ihe 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 Nmltation, however subject to any limits under applicable law,
<br /> Lender's attorneys'fess whether or not there is a lewsuit, including attorneys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any sutomatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of searching records,
<br /> obtaining title reports (including fweclosure reports),sunreyors' reports,appraisal fees, tiUe insurance, and fees for the Trustee,to the extent
<br /> permitted by applicable law. Trustor also will pay any court cosls,in addition to all other sums provided by law.
<br /> Rlyhts of Trustee. Trustee shalt have all of the rights 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 Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. 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 requast 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)jdn in granUng 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. I
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addiUon to the riphts and remed(es set forth above,
<br /> with respect to all or any pa�t of the Property,the Trustee shell have the right to foredose by nodoe and sale,and Lender shall have the ripht to
<br /> foredose 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 irom time to time appoint a successor Tr'ustse to any Trustae�aointeo hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,Nebraslca. The instrument shall
<br /> contain, in addition to all other matters required by state law,the names of the original Lend�,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 hustee,and the instrument shell
<br /> be executed and acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The succ�ssor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in thls Deed of Trust and by applicable
<br /> .
<br /> law. This procedure for substitution of trustee shall govern to the exclusion of ell other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in wriHng, may be sent by telefacsimile (unless
<br /> otherwise required by law), and shall be effecHve when actually dNivered, or when deposited with a nationally recognized ovemight courier, or,if
<br /> mailed,shall be deemed effective when deposited iR the United States mail first class,certified or registered mail,postage prepald,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,speci(ying that the purpose of the notice is to change the party's address. All copies of notices of foreciosure 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 thls Deed of Trust.
<br /> For noHce purposas,Trustor agrees to keep Lender and Trustee Informed at aN times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of T�ust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and apreement of the pa�tia5 as
<br /> to the metter�set fcrth in this Deed of Trust. No alteration of or amendment tc this Deed of Trust shail be effective unless given in writing and
<br /> signed by the party or parties sought to be chsrged or bound by the alteration or amendment.
<br /> Applicable Law. This Deed of Trust hes been delivered to Lender and accepted by Lender In the State M Nebrseka. This Deed of Trust
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