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<br /> � "1�=19-1999 DEED OF"Y'RUST Paq� 5 `
<br /> Loan No 1044775 (co�nued) 9 9 1113 3 7
<br /> 1 of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust
<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 profits, Trustee or Lender shall be entitled to
<br /> exercise every right provided for in the Note or the Related Documents or by law upon the occunence 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 covenanis
<br /> hereof;and
<br /> (c) Deliver to Trustee a written dedaration of defauR and demand for sale and a written notice ot defauM and electlon to cause Trustors
<br /> interest in the Property to be sold,which notice Trustee shaN cause to be duly flled for record In the appropriate oiRws oi the CouMy in
<br /> which the Property is located;and
<br />� (d) Wtth respect to all or any part of the Personel Property,Lender shaN have aN the riphls and rertwdies of a secured party under the
<br /> Nebraska Uniform Commen�tl Code.
<br /> Forscloswe by Power M Sde. If Lender elecis to foredose by exerdse of the Pow�of Sale herein contained,Lender sheN noUy Trustee and �
<br /> shall deposit with Trustee#his Deed of Trust and the Note and such receipts and evidence of e�endftures made and secured by this Deed of
<br /> Trust as Trustee may require. ;
<br /> (a) Upon recelpt of such notice from Lender,Trustee shall 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 time as may
<br /> then be required by law and after recordallon of such Notice of Default and aHer NoC�ce of Sale having been given as required by Iaw,sell
<br /> the Property at the t+me and;plac�r of sale �zed by it in s�c,h Notice of Sale,9ith6r as a whole, Cr in separate lots or parcels or items as
<br /> Trustea shaH deem e�adfent,and in such ordar qs H mtly determine,at pubNc auction to the highest bidder for cash In I�wiul money of
<br /> the United States payabie at the Urt�s of sale. Trustee shaN dsliver to such purchaser or purohasers thereof 1ts yood and sWlioient deed or
<br /> deeds conveyinp the property ao sdd,but without any cownoM or warrany,e�ress or impNed. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of ihe truthfulness tF�ereof. My person, indudirp without Nmffatlon Trustor,Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting all costs,fees and e�enses of Trustee and of this Trust,includinp cosls of evidence of
<br /> title in connecNon with sale,Trustee shall apply the proceed5 of sale to payment of (f)all sums e�ended under the tenr�,5 of this Deed of ;
<br /> Trust or under the terms of the Note not then repaid,including but not IfmRed to accrued interest and late cherges, (ii)all other sums then
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legelly endtled thereto. j
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. "
<br /> Remedles Not bcclusive. Trustee and Lender,and each ot them,shall be endtled to enforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and to exercise ell 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 hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the aoceptar�ce 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 menner affect Trustee's or Lender's right to realize upon w
<br /> enforce any other securiiy now or hereafter held by Trustee or Lender, it beiny agreed that Trustee and Lender, and each ot them, shall be
<br /> entitled to enforoe this Deed 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 discretlon 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 shaH be cumuletive and shell be in additlon to
<br /> every other remedy given in this Deed of Trust or now'or hereaRer e�stlng at law or in equiiy or by statute. Every power or�medy given by the
<br /> Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entltled, may be exercised,
<br /> concurrenfly or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either oi them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shail be conshued as prohibiting Lender from seeking a deflciency judgment
<br /> against the Trustor to the extent such action is permitted by law.
<br /> Requ�t For iiotk�e. Trt�tt�;on baF�l ui i.►w�i•4��L�:�.;�r,.l:�,:by rayu:;.s"tM�:.t�.'cc�p-�f 3ry CJa':ca of Daf�Wt ansi.a copy,of eny Noiice
<br /> of Sale under thls Deed of Trust W rtwaed to tliem at,ths addresses set forth in the lkst para�raph of tMs Deed of Trust. +
<br /> Wdver, Election ot Remsdie�. A waiver by any party of a breach of a provfsion of this Deed of Trust shall not consHtute a waiver of or
<br /> prejudice the party's rights othervvise to demand sMct compllance with thet provision or any other provision. Elecdon by Lender to pursue any
<br /> remedy provided in this Deed of Trust,the Note, in any Related Document,or provided by lew 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 affer 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;Expenses. It Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be enfided 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 Lender's opinion ere 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 demend and shall bear interest at the Note rate hom the date of
<br /> expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits under appl(cable law,
<br /> Lender's attorneys'fees whether or not there is a Iawsuit, including attorneys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automaHc stay or injunction), appeals and any anticipated post�udgmeM collection services, the cost of searching records,
<br /> obtaining title reporis (including fweclasure �orts),surveyas' reporls,appraisal fees, tlile insurance, and fees for the Trustee,to the extent
<br /> permitted by applicable Iaw. Trustor also will pay any court costs,in additlon to all other sums provided by law.
<br /> Rlyhts of 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 provisions relating to the powers and obligations of Trustes 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 request of Lender and Trustor: (a)jan in preparing and flling a map or plat of the Real Property, '
<br /> including the dedication of streets or other rights to the public; (b)jan in granting any easement or creating any reshiction 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 ali qualificadons required for Trustee under applicable law. In addNion to the rights and remedies set forth above,
<br /> �t�ll or any part of the Property,the Trustee sheN have the rieht to forec;lose by notice and sale,and Lender sheN hav�e the ri�ht to
<br /> foreclose by judicial foreclosure,ira either case in acCordafis.�e with and to the full exient provided by applicabie�ah.
<br /> Successor Trustee. Lender,at Lender's option,may from time to tlme appoint a successor Trustee to any Trustee appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the otfice of the recorder of HALL County,Nebraska. The instrument shall
<br /> contain, in addition 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 conferred upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitution of trustee shail govern to the exclusion of all other provisions for substitutlon.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writiing, may be sent by telefacsfmile (unless
<br /> otherwise required by law), and shall be effective when actualty delivered, or when deposited with a nafionally recognized overn(ght courier, or,if
<br /> mailed,shall be deemed effective when deposited in the United States mail first class,certified or regist�ed mail,postage prepaid, directed to the
<br /> addresses shown near the beginning of this Deed of Trust. My 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 shali be sent to Lender's addr�s,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all Hmes of Trustor's current address.
<br /> MISCEILANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed qf Trust,toQether with any Related Dxuments,consdtutes the entire understandiny and agreement of the parties as
<br /> to the matte�s set brth in!Ms Deed of Trust. No alteradon of or amendment to this Deed of Trust shall be effect(ve untess piven in w�iHnfl and
<br /> signed by the party or paAles souqht to be char�ed or bound by the alterafion or amendment.
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