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Lean No: $10068
<br />o~~U o~ rRUSr 2 010 0 6 8 91
<br />(Continued) Page 5
<br />(a) Upon receipt of such notir..e from Lender, l rustee shall cause to he recorded, published and delivered to Trustor such
<br />Notice of Default acrd Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without dernan[i on
<br />Trustor, after suet[ tune as may then be required by law and after recordation of sur..h Notice of Default an[1 after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a WhDIP., or in separate, Iota or parf•.ols or items as Trustee shall dearer expedient, and in such order as it may
<br />determine, at public, atJCt.ion to the highest bidder for cash in lawful money of the lJnited States payable at the tune of sale.
<br />Trustee shall deliver to such purchaser or purchasers [.hereof its good and sufficient [teed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. the recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without lirnilalion Trustor, Trustee, or Loader, may
<br />purchase at such sale.
<br />(b) As may he permitted by law, after dedurtiny all costs, fens and expenses of lYuslee 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 li) all sums expended under
<br />the terms of this Deed of lYust or under the terrns of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, Iii) all other sums then secure[i hereby, an[1 (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 he entitled to enforce payment and perfonnanr•.e of any
<br />in[lebte[lness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related por,urnertls, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />same or all of such indebtedness and obligations secured by this feed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignrrtertt or otherwise. Neither the acceptance of this Deed of Trust. nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this peed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's riyftt to realize upon or enforce any other security now 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 Lander or Trustee in such order and manner as they or either f)f then[ may in their absolute discretion deterrrtine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to t.)e exclusive oT any other remedy in this Deec.1 0( Trust or by
<br />law provided or permitted, but each shall be cumulative and shall b[: in addition to every other remedy given in [Iris feed pf Trust yr
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to tirrte and as often as may he deernerl expedient by Trustee or lender, and either of them may pursue inconsistent remedies,
<br />Nothing in this Deed of Trust shall he construed as prohibiting Lender from seeking a deficiency judgn)ent ayair)sl the T rusror to the
<br />extent such action is permitted by law. Election by Lender fo pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take acuort to perfnnn an obligation of truster under tt)is peed of TrUSt, after Trustee's failure
<br />to perform, shall not afiert Lender'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 Sale under this Deed of Trust he mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes qny suit or action 1:o enforce any of the terrns of this peed of Trust, l_endrr shall he
<br />entitled to recover such sum as the court may acJjudye 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 law, all reasonable exf.)enses Lender incurs that in Lert(ler's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall ber,orne a part of the Indebtedness payable
<br />on demand and shall hear interest at the Note rate from the date of the experuiiture urtlil repaid. Expenses covered by this paragraph
<br />include, without limitation, however suhjert to any limits under applicable law, Lend(r's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy_proceedings (including efforts to modify or
<br />.._Y... - -. _. _...._. __.
<br />vacate any automatic stay cir injunction), appeals, and any ehticipated poste-Judgment collection services, the Cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fetes for the
<br />Trustee, to the extent permitted by applicable law, Trustor also will pay any court. costs, in addition fo all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of L..ender as set. forth in this section.
<br />POWERS ANp OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of 'Trust;
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: lest join in preparing and filing a map or plat of
<br />the Beal Property, including the dedication of streets or other rights to the f)ul)lir„ Ibl join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agrrernent affecting this f.)eed of t"rust or the interest of
<br />Lender under this peed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee undor applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of ttte Property, the Trustee shall have the right to foreclose by entire and sale, and Leander
<br />shall have the right to foreclose by judicial foreclosure, in either case in acrordanre with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to tune appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and arknowledyed by Lender and recorded in the office of the recorder of FiAk_L County,
<br />State of Nebraska. Tha instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) whrtre this Deed of 'T'rust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed1 and acknowledged by all the beneficiaries under this peed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall surreed to all the title,
<br />power, and duties conferred upon the Trustee in this feed of Trust and by applicable law. This firocedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to he giv(an under this bee[l of Truer, incluring without limitation any erotica of default and any nonce of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually recekved by telefacsimile (unless otherwise
<br />required key lawl, when deposited with a nationally recognized overnigftt rourker, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, direr.ted to the addresses shown near the beginning of this Deecf of Trust. All
<br />copies of notices of foreclosure from t:he holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this peed of Trust. Any party may rhanye its address for notices under this Deed of 'Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's a[ldress. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of 7rustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any 'Trustor is deemed to be notice given to all '1'castors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Arnendrnents. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall he affective unless
<br />given in writing and signed by the party or parties sougktt to be charged or hound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustee's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Properly [luring Trustee's previous fiscal year in such form and (feteil as
<br />Lender shall require. "Net operating income" shall moan all casks receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Ffeadings. Caption headings in this Deed of Trust are for ronv(anience purposes only and ere not io be tJSed to interpret or
<br />define the provisions of this Deed of trust.
<br />Merger. There; shall be nn merger of the interest or estate created by this Dead of Trust with any other interest or estate in the
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