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Loan No: 1 0 7 25541 0 D E Con�t nuedlST 2 012 0 6 3 21 page 8
<br />deeds conveying the property so aold, but without any covenent or warranty, express or implied. The
<br />recitals in such deed of eny matters or facts shatl be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitetion Trustor, Trustee, or Lender, mey purchase at such sale.
<br />(b) As may be permitted by law, after deduct(ng all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not limited to eccrued interest end late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sele of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce peyment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under eny of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstending, some or elI of such indebtedness and obligetions secured by
<br />this Deed of Trust may now or hereafter be otherwise aecured, whether by mortgege, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers conteined in this Deed of Trust, shall preJudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce eny other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shsll be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order end menner as they or
<br />either of them may in their ebsolute 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 shell 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 />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as often es mey be deemed expedient 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 ageinst 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 />meke expenditures or to teke action to perform an obligation of Trustor under this Deed of Trust, efter Trustor's
<br />failure to perform, shall not effect Lender's right to declare a default and exercise its remediea.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defeult
<br />and e copy ot 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 />Attomeys' Fees; Expenses. if Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum es the court may adjudge reasonable as ettorneys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, ell
<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 shell become a pert of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include,
<br />without limitation, however subject to eny limits under applicable law, Lender's ettorneys' fees and Lender'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 eutometic stey or injunctionl, eppeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obteining title reporta (including toreclosure reportsl, surveyors'
<br />reports, and appraisal fees, title insurance, end fees for the Trustee, to the extent permitted by epplicable taw.
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall heve ell of the rights and duties of Lender es set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers end obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of lew, Trustee shall heve 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 end filing a map or plat of the Real Property, including the dedicatlon of streets or other rights to the
<br />public; (b) join in granting any easement ar creating eny restriction on the Real Property; and (c) join in any
<br />subordination or other egreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust.
<br />Trustee. Trustee ahall 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 heve the right to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judiciat foreclosure, in either case in
<br />eccordance with and to the full extent 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 />eppointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebraska. The instrument shell contain, in addition to alt other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and pege (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
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