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<br />,,. ,,. , ,, p ;, ~~ ;; . DEED OF TRUST
<br />Loan No: 15b89 (Continued) 2 0 0 9 0 9 5 8 8 P~~B s
<br />causs Trustor's interest in the Proparty to be sold, which notice Trustse shall cause to bs duly filed for record ih the
<br />appropriate offices of the County in which the Property is located; and
<br />Id1 .With respect to all or any part of the Personal Proparty, Lendsr shall hays all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Cade.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of 5als herein contained, Lendsr shall notify
<br />Trustee and shall deposit with Trustse this Deed of Trust and the Nate and such receipts and evidence of expenditures mods and
<br />secured by this Desd of Trust as Trustee may require.
<br />la1 Upon receipt of such notice from Lender, Trustee shall causs to be recorded, published and delivered to Truster such
<br />Notice of Default and Notice of Sals as then required by law and by this Daed of Trust. Trustse shall, without demand on
<br />7rustor, after such time as may then be required by law and after recordation of such Notice of Default and after Natics of
<br />Sale having been given as required by law, sell the Proparty at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels ar items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property sa
<br />sold, but without any covenant ar warranty, express or implied. The rsaitals in such deed of any matters ar facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustse, or Lender, may
<br />purchase at such sale.
<br />Ibl As may be permitted by law; after deducting all costs, foss and expenses of Trustse and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of U- all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c- Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Desd of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now ar hereafter in farce; notwithstanding,
<br />some or all of such indebtedness and obligations sscured by this Dssd of Trust may now or hereafter be otherwise secured, whether
<br />by mortgago, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance of this Deed of Trust nor its snfarcement,
<br />whether by court action ar pursuant to the power of sale or other powers contained in .this Deed of Trust, shall prejudice ar in any
<br />manrisr affect Trustee's or Lender's right to realize upon or eriforce any other security ndw or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they ar either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but sash shall be cumulative and shall be in addition to every other remedy given in this Dssd of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power ar remedy given by the Note ar any of the Related Documents
<br />to Trustee or Lendsr or to which either of them may bs otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of 7rustor under this Decd of Trust, after Trustor's failure
<br />to perform, shall not affect Lsndsr's right to declare a default and exercise its remedies.
<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
<br />Notice of Sals under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Dsed of Trust.
<br />Attorneys' Fees; Expenses. If Lendsr institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by iaw, all reasonable expenses Lendsr incurs that in Lender's opinion are
<br />necessary at any time far the protection of its interest or the snfarcement of its rights shall became a part of the Indebtedness payable
<br />pn demand and shall bear interest at the .Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expanses for bankruptcy proceedings (including efforts to modify ar
<br />vacate any automatic stay or injunction-, appeals, and any anticipated past_judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure raportsl, surveyors' reports, and appraisal fees, title insurance, and fees far the
<br />Trustee, to the sxterrt permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />MISGELLANEOU5 PROVISIONS. Ths following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lendsr and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Daed of Trust has bean accepted by
<br />Lender in the State of Nebraska. ^~.: ^ ' .. ~ ~~.~ ~~' ~'
<br />Choice of Vsnu®. If there is a lawsuit, Trustor agrees upon Lsndsr's request to submit td tha~ijF?ritrdietitin of the co4rts of ADAMS
<br />County, State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Desd of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Dssd of Trust.
<br />DEFINITIONS. Ths following capitalized words and terms shall hays the following meanings when used in this Dasd of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall hays the meanings attributed to such terms in the Uniform Commercial Code;
<br />Beneficiary. The word "Beneficiary" means FIVE POINTS SANK OF HA5TINGS ,and its successors and assigns.
<br />Borrower. The word "Borrower" means STEPHEN D SCHUPPAN and includes all cosigners and ca-makers signing the Note and all
<br />their successors and assigns.
<br />Daed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustse, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all stets, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq, ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, st esq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., ar other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this. Dead of Trust in the events of
<br />default section of this. Dsed of Trust:
<br />Guaranty. Ths ward "Guaranty" means the guaranty Pram guarantor,' eridorser, surety, or accommodation party to Lendsr, including
<br />without limitation a guaranty of all or part of the Note.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction an the Real Property.
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