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Loan' N,o: $0835$
<br />DE�D OF TRUST
<br />IContinued) � p 1 p 0 9 4 5 i Paga 5
<br />collect tha rents, issues and profita of the Property, includfng those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attnrneys' fees, to any indeb#edness secured by this peed of Trust, all in such order as
<br />Lender may determina, 1'he entering upon and taking possession of the Prpperty, the collection of such rents, issues and
<br />profits, �nd the appllcation therepf shall not cure or waive any default or notice of default under this bead nf Trust or
<br />lnvalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />cantinuance ln possassion of the Property or the cnllection, receipt and application of rents, issues vr profits, Trustee or
<br />Lender shall be entltled ta exercise every right provided for in [he Note ar the Ralatad pocuments or by law upon the
<br />occurrence of any event of default, including the right to exarcise the power of sale;
<br />(b) Commence an sction to foreclose this beed of Trust as a mortgage, appqint a receiver or specffically enforce any of the
<br />covanants heraof; and
<br />(c) Deliver tp Trustae a written declaration of default and demand for sale and a written notice of default end elsction ta
<br />causa Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for recard in the
<br />apprvpriate officea of the County in which the Property is loceted; and
<br />(d) Wlth respect to all or any part of the Personal Property, Lendar shaii have ell the rights and remedies of a secured party
<br />under the Nebraska Uniform Commerciel Code.
<br />ForecloBUCe by Power pf Sale. If I.ander elects tq foreclase by exerpise of the Power- op Sale herein contained; Lender shall notify
<br />Trustee and shall depo5it with Trustee thls peed of Trust and the Note and such receipts and evidenca of expenditures made and
<br />secured by this Deed of Trust as Trustee may require,
<br />(e) Upon receipt af such notice from Lender, Trustae shall cause #o be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of 5ale es then required by law and by this �eed of Trust. Trustee shall, wi[hout demand on
<br />Trustor, aftar such tima as may then be requirsd by law and after recordatibn nf such NoYice of pefault and after Nntice of
<br />5ale having been given as requirad by law, sell the Praperty at the time and place of sale fixsd by it in such Notice of Sale,
<br />either as a whole, or in separate Ints or parcels ar items as Trustee shall deem sxpedient, and in such order as it may
<br />datermine, at public auction to tha highest bidder for cash in lawful money of tha United StaCes payable st the time of sale,
<br />7rustee shall deliver to such purcMasar pr purchasers thereof its gpod and sufficient deed or deeds conveying the property so
<br />sold, 6ut without any coven�nt pr warranty, express qr impliad. 7ha recitals in such deed of any matters or facts shall ba
<br />conclusive prpof qf the truthfulnesa thereof. Any person, including without limitation Trustar, Trustee, or Lender, may
<br />purchase at such sale,
<br />(b) As may be permitted by law, after deducting a�� qnsts, fees and expenses of Trustee and of this Trust, including cvsts of
<br />evidence of title In cvnnection with sale, Trustse shall app�y the procaeds of sale ta payment of (i) all sums expended under
<br />the terms of this beed af 7rust or under the terms of #he Note not then repaid, including but not limited to accrued intarest
<br />and late charges, (ii) all othsr sums then sscured hereby, and (liq the remainder, if any, to the persan or parsons legally
<br />entitled theretn.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any partion of the Property.
<br />Remadies Nnt Exclusiva. Trustee and Lender, and each ot them, shall be enti#led to enforce
<br />indehtedness or pbiigatinns sacured by this Deed of Trust and to exercise ali righta and powers under this peed st� under the
<br />Nnte, under any of the Related Dacuments, or unde� any other agraamsnt or any laws naw or hereafter in force; notwithstanding,
<br />some or all of such indebtadness snd ohligations secured hy this Deed of 7rust may now or hereefter be othsrwlse secured, whather
<br />by mvrtgage, dead of trust, pledge, lien, assignment or otherwise, Neither the acceptance of this peed of Trust nor its enforcement,
<br />whether by court action vr pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or anforce any pther security now or heraafter held by Trustee or Lender, it
<br />being agreed that Trustes and Lender, and aech of them, shall be entitled to enforce this Deed of 7rust and any other sacurity now Qr
<br />hereafter held by Lender or 7rustea in such order end manner as they or either of them mey in their absolute discretion determine. No
<br />remedy cpnferred upon or reserved to Trustee or Lender, is intended to be exclusive ot any other remedy in this []eed of Trust ar by
<br />law provided or permitted, but each shall 6e cumulativa and shall be in addition to every other remedy given in this peed of Trust or
<br />now or hereafter existing at law or in equity or 6y statute. Every power or remedy given py the Note or eny of the Related Documents
<br />to Trustae or Lender or ta which either of them msy be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often es may be deemad expedient by 7rustee or Lender, and either of Xhem may pursue inconsistent remedies,
<br />Nothing in this Deed of 7rust shell 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 Lendsr to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an slection to make expenditures or to take action to perform an obligation of Trustar under this Deed of Trust, after Trus#or's failure
<br />to perfarm, shall npt affact Lendsr's right to declare a default and exercise its remediss,
<br />Raquest for Notice. Trustnr, pn pehalf of Trustor and Lander, hereby requests that a copy of �ny Notica of befault and a copy of any
<br />Notice of Sale under this Deed of 7'rust be mailed ta them at the addresses set forth in the first paragraph of this peed of T'rust.
<br />Attqrneys' Fees; Expenses. If I�ender institutes any suit or action to enTorce any of tha terms of this pesd of Trust, Lender shsll 6a
<br />entitled to recover such sum as the court may adjudge reasoneble as attarneys' fees at trial and upan any appeal, Whether or not any
<br />court action is involved, and to the extent npt prohibited by law, all reaxonable axpenses Lender incurs that in Lender's apinion are
<br />necessary at any time for the protectinn of its interast or the anfnrcement of lts rights shall become a part of the Inde�tednesa payable
<br />on damend and shall bear interest at the Note rate from the dats of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicabl� law, Lender's attorneys' feas and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and axpenses far bankruptcy prpceedings (including effarts to modify or
<br />vacate any automatic stay ar injunetion►, appeals, and any anticipated post-judgment collectivn sarvices, the cost of searching
<br />records, abtaining title reports lincluding foreclosure reports►, survayors' reports, and sppraisal fees, Citla insurance, end fees for the
<br />Trustee, to the extent permitted by appliceble law, Trustpr also wlll pay any court costs, in addition Yp all ather sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this secCion.
<br />POWERS AND pBI.IGATIONS QF TRUS7'EE. The following provisions ralating to the powers and obligations of 7rustae are pert of this
<br />Daad pf Trust:
<br />Powers of Trustee. In additian to all pawers of Trustee srising as a matter of law, Trustee shall have the ppwer to #ake the following
<br />ections with respect to the Praperty upon the written request of Lender and Trus#or: (a) join in preparing and filing a map or plac of
<br />tha Re81 Prqperty, including the dedication pf streets or pther rights to #he public; (b) joln in grantfng any easement or creating any
<br />restriction on the Real property; and (c) join in any subvrdination or other agreement affecting this Deed of Trust or the interast of
<br />Landar under this Dsed nf Trust.
<br />Trustae. Trustae shail meet all qualificatipns required for 7rustee under applica6le law. In addition to the righta and remedies set
<br />forth above, with respect to all or any part of the property, the 7rustee ahell have tha right to foraclose by nqtice and sale, and Lender
<br />shall have the right to foreclose by Judicial foreclosure, iii either case in accordance with end tp the full extent provided by applicaple
<br />law.
<br />Succassor Truatee. Lender, at Lender's option, may from time to time appolnt a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an Instrument executed and scknowledged by Lender and recorded in the affice of th� rscorder of HALL County,
<br />State of Nei�raska, The instrumant shall contain, in addition to all othar matters required by state law, the narnes of the original
<br />Lender, Trustee, and Trustor, the book and pa�a lor computer system reference► w►iere this peed of Trust is recorded, and the nama
<br />and address of the successor trustee, and the instrumant shali 6e exacuted and acicnawledged by all the beneficiaries under this beed
<br />af Trust or their successora in interest. Tha succesaor trustea, without conveyance of the Property; shall succeed to all the title;
<br />power, and duties conferred upon the Truste� in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govarn ta the exclusion af all other provisions for substitution.
<br />NpTIC�S. Any nntice required to be given under this Deed pf Trust, including without limitativn��n� i�� p�f9wlt', and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually �'a� i a �i I��a irnile' (unless otherwise
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