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' �2��7-1999 DEED OF TRUST Page 5
<br /> � Loan No 1064690 (Continued) 9 9 112 2 5 0
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appanted by a court and without
<br /> regard to the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Property,or part
<br /> of the Prope�ty or interest in the Property;increase the income from the Property or protect the security of the Property;and,with or without
<br /> takinq possessfon of the Property,sue for or otherwise collect the renis,issues and profits of the Property, including those past due and
<br /> unpafd,and apply the same,less costs and expenses of operation and collection,including attomeys'fees,to any indebtedness secured
<br /> by this Dsed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Prope�ty,the collection
<br /> of such rents,issues and proflts,and the application thereof shall not cure or waive any default or notice of default under this Dsed of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in
<br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be en6tled to
<br /> exercise every right provided for in the Note or the Related Documents or by Iaw upon the occurrence of any event of default,including the
<br /> right to exercise the power of sale;
<br /> (b) Commence an action to foreciose 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 declaraHon 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 shall cause to be duly filed for record in the appropriate oifices of the County in
<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 shaN notify Trustee and
<br /> sha�l deposit with Trustee this Deed of Trust and the Note and such rec�ipis and evidence of expenditures made and secured by this Deed of
<br /> Trust as Trustee may requlre.
<br /> (a) Upon receipt of such notf�e 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. Trustes shall,without demand on Trustor,after such time as may
<br /> then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell
<br /> the Property at the time and place of sale fixed by it fn 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 /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and su(ficient deed or
<br /> deeds conveying the property so sold,but without any covenant orwarranty,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 Iaw,afler deducting all costs,fees and expenses of Trustee and of this Trust,includfny costs of evidence of
<br /> tide in connection with sale,Trustes 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)al�other 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 Iaw postpone sale of all or any portion of the Property.
<br /> Ramedles Not Exclusive. Trustee and Lender,and each of them,shall be enHHed to enforce payment and performance of any indebtedness :
<br /> or obligations secured by this Deed of Trust and to exercise all 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, pledqe, lien,
<br /> assignment or otherwise. Neither the acceptance 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 manner affect Trustee's or Lenders right to realize upon or
<br /> enforce any other securiiy now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shali be
<br /> entltled to enforc�this Deed of Trust and any other security now or hereafter held by Lender or Trustse 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 w by Iaw provided or permlt�ed,but each shail be cumulative and shall be in additlon to
<br /> every other remedy given in this Deed of Trust or now or hereafter e�dsHny at law 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 entitled, may be exercised,
<br /> concurrendy or independently, irom time to time and as uften 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 prohibiting Lender fiom seeking a deficiency Judgment
<br /> against the Trustor to the extent such action is permitted by Iaw.
<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 Notioe
<br /> of Sale under this Dsed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Waiver, Electlon of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or
<br /> prejudice the party's rights otherwise to demand strict compliance with that provisfon or any other provision. Election by Lender to pursue any
<br /> remedy provided in this Deed of Trust,the Note,in any Related Document,or provided by law shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trusto� under this Deed of Trust after failure of Trustor to
<br /> perform shall not affect Lenders right to declare a default and to exercise any of its remedies. :
<br /> Attomeys'Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shaU be entided to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at hial and on any appeal. Whether or not any cou�t acbon is :
<br /> involved,all reasonable expenses incurred by Lender which in Lenders opinion are necessary at any dme for the protectlon of iis interest or the :
<br /> enforcement of its riflhts shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate hom the date of
<br /> expenditure until repafd. Expenses covered by this paragraph include,without Umitation, however subject to any Ilmits under applicable law,
<br /> Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modity 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 Trustse,to the extent
<br /> permitted by applicable law. Trustor elso will pay any court cosls,in addition 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 Trustee are paA of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addition to all powers of Trustee arisinp as a matter of Iaw,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)join in prepa�ing and flling a map or plat of the Real Prope�ty, :
<br /> including the dedication of streets or other rights to the pubiic; (b)jan in grantlng any easement or creaHng any resMction 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 T�rustee under appl�abie law. 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 /> }oreclose by jud�ial foreclosure,ln either case in accordance with and to the full extent provided by applicable Iaw. :
<br /> Successor Trustee. Lender,at Lender's option,may from tlme to Bme appoint a successor Trustee to any Trustse 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 addiHon 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 shaN
<br /> bs executed and acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The suxessor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties confened upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution.
<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 /> otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally reooqnizsd owrnight Oou�, Or,M
<br /> mailed,shall be dsemed effective when deposited in the United States mail 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 parties,specitying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure trom :
<br /> the hdder 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 nofice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address.
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