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_ 12w06-1999 DEED OF TRUST 9 9 i 116 6 ,� Page 5
<br /> - Loan No 1051705 (Continued)
<br /> (b) Commence an acHon to foreclose this Deed of Trust as a mortgage,appant a receiver or specitically enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written dedaratlon of defauR and demand fa sale and a written notice of default and elecdon to cause Trustor's
<br /> interest in the Property to be sold,which notice Trustee shall cause to be duly flled for record in the appropriate oific�ss of the County in
<br /> whkh the Property is loceted;and
<br /> (d) WRh respect to all or any part of the Personel Property, Lender shaH have aN the ►iflhts and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Forcclosure by Power of Sale. If Lender elecls to foreclose by exercise of the Power of Sale herein contained,Lender shall notliy Trustee and
<br /> shall deposft with Trustee this Deed of Trust and the Note and such receipts and evidence o(expenditures made and secured by this Deed of
<br /> Trust as Trustee may require.
<br /> (a) Upon receipt of such notice irom Lender,Trustee shaH cause to be recorded,published and delivered to Trustor such Notice oi 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 dme as may
<br /> then be required by law and after recordaHon of such Notice of Default and after Notice of Sale havinq 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 percels or items as
<br /> Trustee shall deem e�edient,and in such order as ik may determine,at publ�auction to the higF�est bldder for cash in lawful money of
<br /> the United States payable at the time of sale. Trustee shaH deliver to such purchaser or purchasers thereof its pood and sutficient deed or
<br /> deeds conveyiny the properiy so sold,but wRhout any covenant or warranty,express or implied. The recitals in such deed of any metters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, includinp without limitetion Trustor,Trustee, or Lender, may
<br /> �purchese at such sale.
<br /> (b) As may be permifted by law,after deducUng aN cosis,fees and e�enses of Trustee and of this Trust,including costs of evidence of
<br /> title fn connection with sale,Trustee shall apply the procesds of sale to payment of (i)aN sums e�ended under the terms of this Deed of
<br /> Trust or under the terms of the Note not then repaid,including but not limited to aocrued interest and late charges, (ii)all other sums then
<br /> secured hereby,and (iii)the remafnder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by Iaw postpone sele of all or any portion of the Property.
<br /> Remedles Not Exclusive. Trustee and Lender,and each of them,shail be entitled to enforce payment and performance of any indebtedness
<br /> or obligatlons secured by this Deed of Trust and to exercise all ri�hts 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 herearier in force; notwithstanding, some or aH of such indebtedr�ess
<br /> and obligat(ons secured by this Deed of Trust may now or hereaRer be otherwise secured,whether by mortgage, deed of trust,pledpe,Nen,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforoement,whether by court acHon or pursuanf to the power of
<br /> sale or other powers contained in this Deed of Trust, shaN prejudice or in any manner affect Trustee's or Lender's right to realize upon or
<br /> enforce any oth�securiry now w hereaiter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of 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 absdute discre6on determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br /> exclusive o(any other remedy in this Deed of Trust or by law provided or permitted,but each shaN be cumulative and shail be in additlon to
<br /> every other remedy given in this Deed of Trust or now or hereafter e�dsdng at law or in equiiy or by statute. 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 othe►wise entitled, may be exercised,
<br /> concurrenily or independenily, from tlme to 6me and as often as may be deemed expedient by Trustee or Lender, and either of them may
<br /> pursue incor�istent remedies. Nothirp in this Deed of Trust sheN be construed as prohibitinq lender from seekirp a deBciency judpment
<br /> against the Trustor to the extent such action is permitted by law.
<br /> Request For Notk:e. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default and a copy of any NoBce
<br /> of Sale under this Deed of Tn�st be mailed to them at the addresses set forth in the flrst paragraph of this Deed of Trust.
<br /> Wdver; Election of Remedbs. A waiver by any party Qf a breach of a provision of this Deed of Trust shaN n�constitute a wafver of or
<br /> preJudice the party's rights otherwise to demand sMct compNance 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 Dxument,or provided by law shaR not exdude pursuit of any other r�medy,
<br /> and an elecUon to make expenditures or to teke aciion fo perform an obHyaHon of Trustor under this Deed of Trust eftar failure of Trustor to
<br /> perform shaN not affect Lender's rqht to declare a de(ault and to exercise any of iis remedies.
<br /> Attomeys'Fees;Eupenses. Ii Lender institutes any suit or acdon to enforce any of the terms of this Deed of Trust,Lender shaN be entlded to
<br /> recover such sum as the court may adjudge reasonabie as attorneys' fees at Mal and on any appeai. Whether or not any court action is
<br /> involved,all reasonabie expenses incurred by Lender which in Lender's opinion are r�ecessary at any time for the protectlon of Ns interest or the
<br /> enforcement of fts riqhis shaN become a pa�t o(the Indebtedness payable on demand and shall bear interest at the Note rate trom the date of
<br /> expenditure un�l repaid. Expenses covered by this paragraph include,without Hmitation, however subject to any limits under applicable law,
<br /> Lender's attorneys' fees whether or not there is e lawsutt, including attorneys'fees for bankruptcy proceedings (includinp efforts to modi(y or
<br /> vacate any automatic stay or injunction), appeals and any andcipated post-judymeM coNeciion services, the cost of searching records,
<br /> obtaining Ude reports (including foreclosure reports),surveyas' repo�is,appraisal fees,NUe insurance, and fees for the Trustee,to the extent
<br /> permiHed by applicable law. Trustor also wiN pay any court c�ts,in addition to sll other sums provided by lew.
<br /> Riphts of Trustee. Trustee shall have aH of the riyhts and duties of Lender as set fath in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relatlng to the powers and obligaHons of Trustee are pert of this Deed of
<br /> Trust.
<br /> Powers of Truslee. In addition to aA powers of Trustee arising as a matter of law,Trustee shall have the power to take the foNowing ac8ons
<br /> with respect to the Property upon the written request o(Lender and Trustor: (a)jan in preparirp and�linq a map or plat of the Real Properly,
<br /> includirq the dedicatlon of streeis or other rights to the public; (b)jan in yranting any e4sement or cxeatinp any rosMcdon on tha Real Propsriy;
<br /> and (c)jdn In any subordinaUon or other a�reement affectlnp rids Deed of Trust or the interest of Lender under this Daed of Trust.
<br /> Trustee. Trustee shaN meet aH qualificeNons requked for Trustea under appHcable law. In addidon to the ri�his and remedies sef forth abovs,
<br /> with respect to aN or any part of the Property,the Trustee shab have the right to foredose by notice and sale,and Lender sheN heve the ripht to
<br /> foreclose by judicc�aal foreclosure,in either case in axordance with and to the fuN extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may firom tlme to tlme appoMt a suocessor Trustee to any Trustee appofnted hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the otflce of the recorder of HALL County,Nebraska. The instrumeM ahaN
<br /> contain, in addition to aN other matters required by stote law,the names of the original Lender,Trustee,and Trustor,the book and paye(or
<br /> computer system reference)where this Deed of Trust is reoorded,and the neme and address of fhe s�sor trusfee,a�d the instrument shall
<br /> be e�cecuted and acknowledged by aN the benefic�aries under the Deed of Trusf or their successors in interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to aA the tide,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitution of trustee shaN�ov�n to the exdusion of aN other provisions for substltutlon. '
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimNe (uMess
<br /> otherwise reqWred by Iaw), and shall be effecHve when actually delivered, or when deposited with a nationelly recognized overnight courier, or,M
<br /> mailed,shall be deemed effective when deposited in the United States meN first dass,ceriified or registered maN,postage prepa(d,dkected to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change Ns address for notic�s under this Deed of Trust by�ivinp formal
<br /> written notice to the other parties,specitying that the purpose of the notice is to change the party's address. Ail copies of noHces of foreclosure irom
<br /> the hdder of any lien which has priority over this Deed of Trust shaH be sent to Lenders address,as shown near the beginniny of this Deed of Trust.
<br /> For notice purposes,Trustor a�rees t�keep Lender and Trustee inftxmed at atl tlmes ot Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constltutes the entlre understanding and agreemAnt of the partles as
<br /> to the matters set forth in this Deed of Trust. No alteratlon of or amendment to this Deed of Trust shall be effective unless gfven in w�itiny and
<br /> sifl�ed by the party cK pa�tias soupht to be charyed a bound by the alteration a amendment.
<br /> Mnud Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a cerdfied
<br /> statement of net operating income received from the Propeity durir� Trustor's previous fisscal year in such form and detail as Lender shall
<br /> require. "Net operadn�income"shall mean ail cash receipts irom the Property less aA cash axpenditures made in connecHon with the operatlon
<br /> of the Property. ,
<br /> Applkabk Law. This Deed of Trust has been delivered to Lender arM accepted by Lender k1 the State M Nebrodra. Thts Deed M Trust
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