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<br />10-07-1988 <br />Loan No 5870 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />88~ <br /> <br />105575 <br /> <br />pega 5 <br /> <br />(n) upon rocolpl of such nDlleo lrom Londor, TrutilOO shall couse 10 bo rocordod. publlshod and dollvored to Granlor such NoUco 01 Dolault <br />and Nollco 01 SnJo as thon requIred by law and bV this Dood of Trust. Trusloe shall, wlthout domand on Grantor, after ouch tlrne as may thon <br />bo required bV lsw and after rocordatlon 01 such NoUca of Dolault and ollor Notice 01 Salo having boon glvon as required by law, oolllno <br />Proporty ollho nOlO end pIneD of SalD nxod by II In such Nallco at Salo, ollhor as 8 whole. or In soparato 10113 or parC'.olo or Ilorns as TruatGO <br />oh:1lJ doom expodiont, and In such ordor as II mov dOIDrmlno, 01 public nuctlon 10 tho hlghost blddor for clWh In lawful monay of tho United <br />States payablo at tho timo 01 sala. Trusloe sholl dollvar 10 9uch purchasor or purchasors lhoroot its good and sulflclenl dood or deeds <br />convoying lho property so sold, bul wilhoulnny covenant or warrnnly, oMpress or Implied. The rocllals In such deed 01 any maners or facts <br />shl1ll be conclusive proal of Ihe truthlulness theroof. Any porson, Including wlthoutllmllnUon Grantor, Truslee, or Lendor, may purchase at <br />such sole. <br />(b) As may be permined by law. allor deducting all cosm, foos and expenses 01 Trusloo nnd of this Trust, IncludIng COlJts 01 ovldence of UUa <br />in connection wlth solo, Trustee shnll apply the proceeds of sale to paymont of (I) all sums expended under the terms or Ihls Ceed of Trus1 or <br />under the terms ollhe Noto nollhen repaid, including but not IImlled to accruod Inlorost and lote charges, (II) all other BUms thon secured <br />hamby, and (ill) the remalnder.1f any. to tho porson or persons legally enUlIad Ihorolo. <br />(c) Trustoo mat In the manner provided by law postpone sale 01 all or any portion of Iho Property. <br />R.medlu Not Exclusive. Trustee and Lender, and each of them, shall be ontttJed to enlorco payment and perlonnanco of any indebtedness or <br />obligations socured by this Deed of Trust and to exerclse all rights and powers under Ihls Ooed 01 Trust, under the Note, under any of the Related <br />Cocuments. or under any olher agreement or any laws now or hereafter In force; notwlthslandlng, some or all 01 such Indebtedness and <br />obllgatlons BBCUrod by this Ooed of Trust may now or heroafler be otherwiso aacured, whether by mortgage, deed of trust, pledge. lien, <br />assignment or olherwise. Neither the acceptance of this Coed of Trusl nor lls enlorcement. whether by coul1 action or pursuant to the power of <br />sale or other powors contained in this Oeed of Trust, ('hall prejudlco or In any manner anect Trustee's or Lender's right to realize upon or onforce <br />any othm socurlty now or hereafter held by Trusl69 or Lender, It bolng agrood lhllll Trustee and Londor, Bnd each of lhem, shall be entitled to <br />enlorce this Doed of Trust and any other security now or herealler hold by Lendor or Trustee in such order and manner as they or ellher of them <br />may In tholr absolute discretion delermlne. No remedy conlerred upon or reserved 113 Trustee or Lender. Is inlended to be exclusive of any other <br />remedy In this Ooed of Trust or by law provldod or ponnined, but each shall be cumulative and shall be In addition 10 every other mmedy given In <br />this Deed 01 Trust or now ar hereafler exisllng at law or In equUy or by statuto. Every power or remedy given by the Nole or any 01 the Related <br />Oocuments ta Trustee or Londor er to which either althorn may be olherwise ontitled, may be exercised, concurrently or Independently, from time <br />to time and as often as may bo deemed oxpodionl by Trustee or Londer, and eithor 131 them may pursuo Inconsistent remedies. Nothing In this <br />Oeed 01 Trusl shall be conslrued 119 prohibiting Lender Irom aeoldng 8 doficlency ludgment against the Grantor to the extenl such action Is <br />permlned by law. <br />R.qu.st For NoUc,,_ Grantor, on bohalf 01 Grantor and Lender, hereby toquosls Ihat a copy 01 any Notice 01 Default and a copy 01 any Nollce 01 <br />Sale under this Deed of Trust be mailed 113 thom at the nddloSl30S 501 torth In the I1mt paragraph of this Ceed 131 Trust <br />Walvllr; Blletlo" of Rllmlldlllll. A waivor by any party 01 a broach 01 a provl!lion of this Oeed of Trust shall not conslitute a waIver of or prejudlca <br />the party's rights otherwlso 10 demand Iilrlcl compliance With that provision or any other provision. Election by Lender to pursue any remedy <br />provided In this Doed 01 TruSI, the Nato, In any Relatod Oocumont, or prevldod by law shall n01 eMclude pursull of any other remedy, and an <br />eloctJon 10 make expenditures or to take actlan to perform an ebl/galion 01 Granlar under thIs Ooed 131 Trust alter lanure of Granlor 10 perform shall <br />not alloct Lender's right to declare a delaull and to olColclso any olll!> romedles. In the ovenl olloroclosure 01 this Ceed af Tmsl, Lendor shell be <br />entitled to recover Irom Grantor Londor's actual dmbursemonts noce!>sarlly incurrod by Londer in pursuing such loreclosure. <br />Rights of Trustlle. Trustoe shall have all ollhe lights and dutlo!l 01 Londor as sollor1h In this soctlan. <br />POWER AND OBUGATIONS OF mUSTEE. The lollowlng preVisions rolatlng to tho powers and obligations 01 Trustoe aro part ellhls Deed of Trust. <br />Power of Trustee_ In addition to aU powern 01 Trustee arISing 0.9 a mailer ot law, Truslee shall havo tho powor to fako the following acllons with <br />respect to the Property upon the request of Lender and Grantor: (a) join In proparing and fiUng a map or plat of the Real Property, including the <br />dedicatlan 01 streets or other rights ta Ihe public; (bl join in granllng any oasemant or creatIng any restrIction an the Real Property; and (c) Join In <br />any subordination or olher agrooment aMoctlng 1hls Deed 01 Trust or 1he intorest 01 Lender under this Oeed 01 Trust. <br />Trustell. Trustee shall meel an qualifications required for Trustee under applicable stale law. In addlllon to the rights and remedies set forth <br />above, with respect to all or any pan of the Froperty, tho Trustee shall have the righlto loroclase by notice and sale, and Londer shall have the <br />right to foreclose by judiclalloreclosure, In ellhBr caso In accordance with and to the lull extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may Irom timo fo lime appolnl a successor Trustoo to any Trustee appointed hereunder by an <br />Instrumenl executed and acknowledged by Lender and recorded In the office 01 the recorder 01 Hall County, Nebraska. Tho instrument shall <br />contaln, in addition 10 all olher manors required by stalo law, the names of the arlginal Lender, Trustee, and Grantor, the book and page (or <br />computor syslem relerence) where this Deed of Trusl is recorded, and the name and address 01 Iho successor trustoo, and the instrument shall be <br />oxecuted and acknowledgod by all the beneficlaries under the Deed of Trusl or their successors In Intoresl. The successor trustee, wilhoul <br />conveyance of the Property, shall succeed to a1llhe tille, power, and duties conlerred upon Ihe Trustee In this Deed 01 Trust and by applicable <br />law. This precedure for substitutlon 01 trustee shall govern 10 the elCcluslon of all other provisions lor substilutlon. <br />NOTICES TO GRANTOR AND OTHER PARTIES, Any nolleo undor this Deed 01 Trusl, tndudlng without limitation any notice 01 default and any notice <br />01 sale to Granlor, shall be In wrillng and shaD be onecllve when actually dolivered ar, If mallod, shall be deemed offective when deposltod In the Unlt9d <br />StatB9 mati first class. roglstered mall, postage prepwd, directed to tho addresses shown at tho top 01 page one (1). Any party may changa lis address <br />far notices under thls Doed of Trust by giving farmal written notice 113 the other parties, specifying that the purposo 01 the nollce Is to change tho party's <br />address.. Atl copies 01 notices 01 fareclosure from Ihe holder of any lien which has prionty over this Ooed 01 Trust shall be Bent to Lender's address, as <br />shown near tho lop 01 the first pege of this Coed of Trust. For nolice purposos, Grnntor agrees to keep Lander and Trustee Informed at all times 01 <br />Granlar's current address. <br />MISCELLANEOUS PROVISIONS. The lollowing miscellaneous provisions are a part 01lhl5 Doad 01 Trust <br />Amendment. No alterallon or amendment 01 this Deed 01 TrusI shan be ollocllvo unloss glvon In wrilmg and signed by Ihe party or parties sought <br />10 be charged or bound by the atleraUon or amendment. <br />Annual Reports. II tho Property is used for purposes other than Grantor's resldenco. GrantOl shall furnish to Lender, upan tequest, a slatement of <br />not cash prolit rocelved from the Property during Granlor's prevIous fiscal year in such dotail as Landor shall requiro. "Net cash profif shall mean <br />an cash receipts from the Property less all cash expendnures made in connoclion with the operation ollila Property. <br />AppnCllble Law, Thts Dood 01 Trust has been dollvered ta Lendor and accepted by Londer In the Slalo ef Nebraska. ThIll Deed 01 Trust shall be <br />governed by and construed In accordance with tho laws 01 the State 01 Nebraska. <br />€:aptian Hudlngs. Capllon h08dlnga In this Oued or Truel ara lor convenionC;(] purposes only and arB nat to be used to interpret or define tho <br />provisions ot this Oood 01 Trust <br />