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<br /> ` Loan No 104492a (CoMlnued) 9 1113 3$
<br /> any presentment,demand,protest or noHce of any kind. Thereaiter,Lender mey:
<br /> (8) Efther tn person or by egent,with or without brinpiny any action or proceeding, or by a receiver appointed by a court and wHhout
<br /> repard to the adequecy of its security,enter upon and teke possesston of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any ecls which it dsems necessary or desirable to preserve the value,marketability or rentability of the Property,or pa�t
<br /> of the Property or interest in the Property;increase the income from the Property or protect the security of the Property;and,with or without
<br /> taking possession of the Property,sue for or otherwise collect the rents,issues and profiis of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operatlon and collecdon,induding altorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and takinp possession of the Property,the cdlectlon
<br /> of such rents,issues and profits,and the application thereof shaN not cure or waive any default or notloe of default under this Deed of Trust
<br /> or invalidate any act done in response to such defauR or pursuant to such notice of default; and, notwithstandinp the conHnutnoe In
<br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shaN be entltled to
<br /> euercise every right provided for in the Note or the Related Dxumenis or by law upon the occurrence of any event of default,Indudinp 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 declaratlon of defeult and demand for sale and a written notice of defauk and election to cause Trustors
<br /> interest in the Property to be sdd,which notice Trustee shaN ca�e to be duly filed for record in the appropriate otfic�of the County in �.
<br /> which the Property is located;and
<br /> ;t3�:.; 1� I�,�� � , ��_•!�}!�r*}�All h1�aM tFw riphis and remedies of a secured party under the
<br /> �, ,� fi'
<br /> _ �w�ith�Tn�s�tss this Dead�Tnnt�the Note and s rocelpls a wldw�ioe�af��lu�d acund by Ihis DNd�ot
<br /> Trust as Tn�stee may require. •
<br /> (a) Upon receipt of such notice irom Lender,Trustee shall cause to be recorded,published and delivered to Tn�ator such Nodce of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shad,without demend on Trustor,aRer such Ume as may
<br /> then be required by lew and after recordatlon of such NoUce of Default and after Notice of Sele havirp been�iven as reqWred by lew,sell
<br /> the Property at the time and place of sale foced by H 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 wder as it may determine,at public aucHon 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 its good and suttioient 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 th�eof. Any person, including without limitation Trustor,Trustee, or Lender, may
<br /> purchase at such sele.
<br /> (b) As may be permitted by Iaw,affer deductirp all costs,fees and expenses of Trustee and of this Trust,induding costs of evidence of
<br /> tltle M connection with sele,Tn�stee st�apply the proceeds of sale to payment of (i)all sums expended under the terms of this Deed of
<br /> Tn�st or unda�the ienns of ths Nda rwt then repaid,indudinp but not Iimited to accxued interest and lete charges, ((i)all other sums then
<br /> secured hereby,and (w)Me ranrf�dar,�amr,to ths Person or Persons�epaAY endded thereto.
<br /> (c) Tn�stee may in the manner provided by Iaw poa�one sela oi aN or any porMon of the Property.
<br /> Remedles Not Exdusive. Trustee and Lender,and e�h of Me�m,shaN be enUded to enforce payrrwnt and performance of any Indebtedness
<br /> or obiigaHons secured by this Deed of Trust and to exercise aN riphts and powers under tt�s Dsed of Tnist, under the Note, under ar�y of the
<br /> Related Dxuments, or under any other agreement or any laws now or hereafte�'in foroe; nolwfthstandlnp,some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust may now or hereaRer be otherwise 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 actlon 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 Trustee or Lender, it being agreed that Trustee and Lender, and each of them,shall be
<br /> entitled to enforee this Deed of Trust and any other security�ow.or:hEr�eaft3r hold by Lend3r or Trustee in such order and manner as they or
<br /> either of them may in their absolute disaWon d�ertNrw. IV� ra�nedy conf�erred upon or reserved to Trustee ar Lender. is Intended to be i
<br /> exdusNie of any other remedy in tF�is Dwd�Trust or by I�w proNded or permHted,but each shaM be cumulaHv�a and shaA be in addNion to
<br /> every othe�romedy�hren In this Daed of Trust or now or hare4fter eodatlrp si law or in equity or by statute. Every power or ramedy piv�en by the
<br /> Note or any of the Ralated Dxumenis to Trustee or Lender or to which efthar of them may be otherwise entltled, mey be axerdsed,
<br /> concuRently or IndependenUy,hom tlme to tlme a�d as o(ten as may bs deemed expedient by Trustee or Lender, and efther oi them mey
<br /> pursue inconsiste�t remedies. Nothing in tFus Deed of Trust shaA be construed as prohibking Lender irom seeking a de�ciency Judgment
<br /> against the Trustor to the extent such action fs permitted by law.
<br /> Request For Notks. Trustor,on behalf of Trustor and Lender,hereby requesfs that a copy of any Notice of Default and a copy of any NoHce
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed o(Trust.
<br /> Waiver; Election of Remedlea A waiver by any parly of a breach of a provi5ion of this Deed of Trust shall not consHtute e waiver of or
<br /> prejudke the party's rights otherwise to demand strict complience 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 Releted Dxument,or provided by iew shali not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take ac6on 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 deciare a defauft and to exercise any of its remedies.
<br /> Attomeys'Fees;Expenaes. If Lender insHtutes 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 e�cpenses incurred by Lender which in Lender's opinion are�sary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedr�ss payable on demand and shaN bear interest at the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph indude,without limitabon, 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), eppeals and any anticipated poshjudgment cdlection s�, the cost of searching records,
<br /> obtaining title reports (including foreclosixe reports),surveyors' reports, eppraisal fees,tide insurence, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any cou�t costs,in addidon to aA other sums provided by Iaw.
<br /> Rl�hta of TruMae. Tnistee shall have all of the rights and duties of Lender as set forth in this sectbn.
<br /> POWERS AND.OBLIGATIONS OF TRUSTEE. The following provisio�relaHrp to the powers and oblipatlons 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 request of Lender and Trustor: (a)jan in preparing and filing a mep or plat of the Real Property,
<br /> including the dedication of streets w other rights to the public; (b)join in granfing any easement or creating any restriction on the Real Properly;
<br /> and (c)join in any subordination or other agreement aifecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualiflcations required for Trustee under applicable law. In addiHon 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 Jud"�cial foreclosure,in either case in axordance wfth and to the full extent provided by applicable law.
<br /> Succesaor Trustee. Lender�at Lender's option,may from Hme to time appant a suocessw Trustee to any Trustee appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL Couniy,Nebraska. The instrument shall
<br /> contein, in eddiHon 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 fhe name and address of the sucx�essor trustee,and the instrument shali
<br /> be executed and acknowledqed by all the beneficiaries under the Deed of Trust or their suocessors in interest. The successor hustee,without
<br /> conveyance of the Property,shaN suxeed to aN the Utle,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitutlon of trustee shaN yovem to the exclusion of aN other provisions for subs�tuHon.
<br /> NOTtCES TO TRUSTOR AND OTFIER PARTIES. Any notloe under this Deed of Trust shall be in w�tinq, mey be sent by telefacsimile (unless
<br /> otheiwise required by law), and shall be effecUve when actually delivered, or when deposited with a naHonally recogni�ed overnight courier, or,M
<br /> mailed,shali be deerr��.effective when deposited in the United States mail first dess,cerd8ed or registered maii, postege prepaid,directed to the
<br /> addresses shown near tbe beginning of this Deed of Trust. Any party may chenge its address for notir�s und�this Deed of Trust by giving fwmal
<br /> written notk:e to the other pa�ies,specifying that the purpose of the notice is to change the paAys address. All copfes of notices of foreclosure irom
<br /> the holder of any lien wh�h has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust.
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