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DEED OF TRUST � O 12 O�"� "� �
<br />(Continued) Page 7
<br />deeds conveying the property so sold, but vvithout any covenant or warranty, express or implied. The
<br />recitels in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees end expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connaction with sale, Trustea shall apply the proceeds of sa(e
<br />to payment of (i) ell sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, inclutling but not limited to accrued interest and late charges, tii) all other sums then
<br />secured hereby, and (iiil the remafnder, if any, to the person or persons legally errtitled thereto.
<br />(c1 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 entftled to enforce payment and
<br />performance of eny indebtedness or obligations secured by this Deed of Trust and to exercise ell rights and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligetions secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or othervuise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sele or other powers contained in this Daed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender`s right to realize upon or anforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee 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
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documerrts to Trustee or Lender or to which either of them may be othervvise eMitled, may be exercised,
<br />concunently or independently, from time to time and as often as may be deemed expedierrt by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed es
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and en election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, efter Trustor's
<br />failure to perform, shall not affect 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 IVotice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms ot this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees et trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a paft of the Indebtedness payable on demand and shail bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitaiion, however subject to any limits under appiicable law, Lender's attorneys' fees and Lendar's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post judgment
<br />collection services, the cost of searching records, obtaining title reports (inciuding foreclosure reports), surveyors'
<br />reports, end appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable lauv.
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have el� of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIQATIONS OF TRUSTEE. The following provisfons relating to the powers and obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In additfon to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing and filing e map or plat of the Real Property, including the dedication of streats or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Real Property; and 1c) join in eny
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Qeed of Trust.
<br />Trustee. Trustee shell meet all qualifications required for Trustee under applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender shali have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full axtent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an lnstrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State ot Nebraska. The instrument shall contaln, in addition to all other
<br />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
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