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W 14.03-1999 DEEb OF TRUST 9 9 11 i 6 9 , Pa� 5
<br /> Loan No 1050921 (Continued)
<br /> Y'_
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstandirq the contlnuance in
<br /> possession ot the Property or the collecNon, receipt and applicaHon of renis, issuas or profits, Try�stee or Lender shall be entltled to
<br /> exercise every right provided for in the Note or the Releted Documents or by law upon the axurrence of any event of default,includiny the
<br /> right to exercise the power of sale; �
<br /> (b) Commence an acdon to foredose this Deed of Trust as� mortgage,appoint a reoeiver or specifically enfo�ce any of the covenanis
<br /> hereof;and �
<br /> (c) Deliver to Trustee a writfen decleration of defauit and demand for sale and a written noUce of default and election to cause Trustor's �
<br /> interest in the Property to be sold,which notice Trustee shaA cause to be duly flled for record in the appropriate o�of the County in
<br /> which the Property is located;and ' �
<br /> (d) With respect to all or any part of the Personai Property, Lender shaA have ail the rights and remedies of a secured party under the
<br /> Nebraska Unfform Commercial Code.
<br /> Foreclosuro by Power M Sde. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shaN notify 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 Ler►der,Trustee shaA cause to bs recorded,published and delivered to Trustor such Notice of Defauft
<br /> and Notic�of Sale as then required by lew and by tMs Deed d Trust. Trustee shaN, without demand on Trustor,after such tlme as may
<br /> then be�requked by law and aRer recordaBon of such Nodce o1 Default and after Notloa of Sale havinp been piven as required by law,sell
<br /> the Property at the time and place of sale foced by R 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 /> 1tN Unilad Stales payabls�ttN tirtr of sde. Trusbe stWF dNiwr b wCh purCh�s�r or purChasers thareof Hs pood and sufikiant d»d or
<br /> deeds conveying the properiy so sold,but wlthout arry covsnard or werranty,'e�s or impNed. The rocttals in such deed of any meMers
<br /> or facts shall be conclusive proof of the truthtulness thereof. Any person, includinp wffhoW Hmitatlon Trustor,Trustee, or Lender, may
<br /> purchase et such sale.
<br /> (b) As may be permitted by law,after deducting all costs,fees and expensa�of Trustee and of this Trust,fnduding costs of evidence of
<br /> title in connection with sale,Trustee shall apply the proceeds o(sale to payment o} (i)aA sums e�ended under the terms ot 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 otF�er 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 aA or any portion of the Property.
<br /> Remedles Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness
<br /> or obligatlons securAd by this Deed of Trt�t and to axercise aH riyhts and powers under this Deed of Trust, under the Note, under any of the
<br /> Related Dxuments, or under any other apreement or any laws now or hereafter in fo�ce; notwithstandiny,some or all of such fndebtedness
<br /> and obligadons secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage, deed ot trust, pledge,Nen,
<br /> assignment or otherwise. Neither the aa�ptar�ce of this Deed o(Trust nor its enforcement,whether by court action or pursuant to the power of
<br /> sale or other powers conteined in this Deed of Tru.st, shaA prejudice or in any manner affect Trustee's or Lender's right to reaNze upon or
<br /> enforce any other security now or hereafter held by Tn�stee or Lender, R being agreed that Trustse and Lender, and each of them, shall be
<br /> entiUed to enforc;e 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 fheir absolute discxetlon determine. No remedy conf�erred 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 shaN ba in additlon to
<br /> every other remedy given in this Deed of Trust or now or h�eafter e�as4ng at law or in equily or by statute. Every power or remedy yiven by the
<br /> Note or any of the Related Documenls to Trustee or Lender or to which either ot them may be otheiwise entlYtl�ed, may be exercised,
<br /> concurrenHy or independently, hom time to time and as oRen as may be deertred expedient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shaN be construed as prohib�ing Lender irom seeking a deficfency judgment
<br /> apainst the Trustor to the extent such action is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Defauft and a copy of any Notice
<br /> of$ak under this Deed of Trust be mailed to thQm at ih4 adclr�w�a.set,fo�ttl In thp_frst par�raph of this Deed of Trust.
<br /> Wdver; Election of Remediea. A waiver by any pariy of a breach of a provision of this Deed of Trust shaU not constitWe a waiver of or
<br /> prejudice the part�s rights otherwise to demand sMct compiiance with that provision or any other provision. ElecHon by Lender to pursue eny
<br /> remedy provided in this Dsed of Trust,the Note,in any Related Document, or proNded by law shaN not exdude purst�t of any other rerr�edy,
<br /> and an election to make expenditures or to take actlon to perform an obNgadon of Trustor under this Deed of Trust after faNure of Trustor to
<br /> periorm shall not affect Lenders right to deciare a defaun and to exercise any of its remedies.
<br /> Attomeys'Fees;E�enaes. If Lender insdtutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entiUed to
<br /> recover such sum es the cotxt may adjudge raasonable as attorrreys' fees at trial and on any appeal. Whether or not any court actlon is
<br /> invdved,all reasonable expenses incurred by Lender which in Landsrs opirdon are necessary at any time for the protection of its lnterest or the
<br /> enforcement of Ns righls sheil become a part oi the Indebtedness payable on demand and shall bear interest at the Note rate irom the de�of
<br /> e�enditure uniil repaid. Expenses covered by this paragraph indude,without Nmitatlon, however subject to any limiis under eppl�able Inw,
<br /> Lender's attorneys' fees whett�er or not there is a laws�t, indudirp attorneys'fees for bankruptcy proceedings (including efforts to modiry or
<br /> vacate any sutomatic stay or injunction), appeals and any anticipated pos4-�udgment collection services, the cost of searching records,
<br /> obtaining title repoAs (including forecl�ure reporis),surveyors' reporis,appraisal fees,Hde insurance, and fees for the Trustee,to the extent
<br /> permitted by applicable law. Trustor also wiN pay any court costs,in additlon to aH other sums provided by law.
<br /> Ri�hts M Trustee. Trustee shall have ali of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The foNowing provisions relaHng to the powers and obligatlons of Trustee are pert of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addition to aN powers of Trus�e arisiny as a metter of law,Trustee shall have the power to take the fdlowir►q acNons
<br /> with respect to the Properiy upon the written request ot 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 riphls to the public; (b)jan in granbng any easement or creaUng any restrictlon on the Real Property;
<br /> and (c)jan in any subordination or other agreement affecfiny this Deed�Trust or the interest of Lender under this Deed oi Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under appUcable law. In addidon to the righis and remedies set forth above,
<br /> wRh respect to aN or any part of the Property,the Trustee shaN have the right to foreclose by noUce and saie,and Lender shaN he�re the ripht to
<br /> toredose by judidal foredosure,in eithsr case in acxordance with and to the full extent provided"by appNcabla law.
<br /> Successor Trustee. Lender,at LendePs option, may from time to time appant a successor Trustee to any Trustae appointed hereunder by an
<br /> instrument executed and acknowtedged by Lender and recorded in the office of the recorder of HALL County,Nebraska. The instrument shall
<br /> contaln, in addition to all other matters required by state law,the names of the originai 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 beneflciaries under the Deed of Trust or theK successors In interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to all the tide,power.and dutles conferred upon the Trustee in this Dsed of Trust and by appNcable
<br /> law. This procedure for substitution of trustee shaN govem to the exclusion of aN other provisio►is for subsHtution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shell be in writlng, may be sent by telefacsimfle(unless
<br /> otherwise required by law), and shell be effective when actually delivered, or when deposited with a naHonally recopni�ed overnight courier, or,ff
<br /> mailed,shall be deemed effecNve when deposited in the United Stetes mail flrst class,certified or registered mail,postage prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change its address for noticas under this Deed of Trust by giving formal
<br /> written notice to the ott�er pa�ties,spedfying that the pu►pose of the notice is to change the party's address. All copies of notices of foredosure irom
<br /> the hdder of any lien whfch has priority over this Deed of Trust shall be se�t to Lender's address,as shown near the bepinning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at aN tlmes of Trustor's cunent address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendmenis. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as
<br /> to the matters set forth in this Deed of Trust. No alteration of or amendme�t to this Deed of Trust shall be effective unless qiven in w�iting and
<br /> sig�ed by the parl�►or parties sought to be alrrped a bound by ih�al�retion or amendmoat.
<br /> Appikabk Law. This Deed of Trust has been:dellvered to Lender and accepted by Lender In the State of Nebraaka. Thla Deed M Trust
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