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' �1-24i1999 , DEED OF TRUST Page 5
<br /> Loen No 104T141 9 9 1118 7 3 (Continued)
<br /> by this Deed of Trust,ail in such order as Lender may determine. The entering upon and taking possession of the Property,the collection
<br /> of suCh rents,issuas and proflts,and the applica8on 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 conHnuance 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 occurrence of any event of default,including the 9
<br /> right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receivar or specifically 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 default and election to cause Trustor's
<br /> interest in the Property to be sold,which notice Trustee shali cause to be duly filed for record in the appropriate offlc�s of the County in f
<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 rights and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shall notlfy Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of e�cpenditures made and secured by this Deed of
<br /> Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of Default
<br /> �roquked by law and by this Dsed of Trust. Trustee shall,without demand on Trustor,after such bme as may
<br /> � -,..,- �r e�a�a�ef spr�NdfoY of Dshult and after Notice of Sale havinp been piven as requMed or fEartis asl
<br /> ���'. ��� '=�;�OS i�1 trMilk-�iii�!by��a"a�h N�Ilo�ef 8w,MGnr as a wl�ob�or In s�p�nir Ibts ar percels
<br /> Trustee shall deem expedient,and in suc� order as ft may deterrfrl�3e;at pubAc auelrart b the htghest tstdder for cash in iawful monAy of
<br /> the Unifed States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good 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 costs,feas 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 late charges, (ii)all other sums then
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legaily entitled thereto.
<br /> (c) Trustee mayin the manner provided by Iaw postpone sale of all or any paUon of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and each of them,shall be entltl�ed to enforce payment and performance of any indebtedness
<br /> or obligations securced by this Deed ot Trust and to ex�cise all righis 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 naw or hereafter in force; noiwithstanding,some or all of such indebtedness
<br /> and obligations secured by this Deed of Trust may now a hereafter 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 hereaRer held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be
<br /> entiHed to enfwce 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 discretion 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 shall be cumulative and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existing at Iaw or in equity or by statute. Every power or remedy given by the
<br /> Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entided, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohib�ing Lender from seeking a deficiency judgment
<br /> against 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 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 peragraph.qf this Deed of Trust.
<br /> ., ���p. A waNrer by any paAy of a breach of a provisfon of this Deed of Trust shall not constitute a waiver of or
<br /> brV�l�tb demand sMct compNa►�ce with that provfsion 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 law shail not exclude pu�sult of any o�her 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;bcpenses. If Lender institutes 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 expenses incurred 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 the 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 limitation, however subject to any limits under applicable law,
<br /> Lenders 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), appeals and any anticipated post—judgment collection services, the cost of searching records,
<br /> obtaining title reports (including foreclosure reports),surveyors' reports,appraisal fees, title insurance, and fees for the Trustee,to the extent
<br /> permitted by applicable law. Trustor also witl pay any court costs,in addition to all other sums provided by Iaw.
<br /> Rights of Trustee. Trustee shall have all of the rights and duU�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,Trustes shall have the power to take the following ecNons
<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 dedicaHon of streets or other rights to the public; (b)join in granting any easement or creating any restricdon 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 all qualifications required for Trustee under applicable Iaw. In addition 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 judicial foreclosure,in either case in accordance with and to the full extent provided by applicable Iaw.
<br /> Succesaor Trustee. Lender,at Lender's option,may nom time to time appant a successor 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 County,Nebraska. The instrument shall
<br /> contain, in addition to all other matters required by state taw,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 sua�ssor trustes,without
<br /> conveyance of the Property,shall suxeed to all the title,power.and duties conferred upon the Trustee in this Deed of Trust and by appNcable
<br /> law. This procedure for substitution of trustes shall govern to the exclusion of all other provisions for substifudon.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> otharwise required by Iaw), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if
<br /> mailed,shall be deemed effective when deposited in the United States maii first 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 notices under this Deed of Trust by giving formal
<br /> written notice to the other pafies,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 shall be'sent to Lender's address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustors current address.
<br /> MISCELLANEOUS PROVISIONS. The foltowiny miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documenls,constltutes the entire understanding and agreement of the pa�ties as
<br /> to the matters set forth in this Deed of Trust. No alteration ot or amendment to ihis Deed of Trust shall be effective unless given in writing and
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