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201�0753i
<br />DEED OF TRUST
<br />(Continued) Page 6
<br />Trust, including costs of eviden� of title in connection with sale, Tnastee 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 accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entRled 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
<br />pertormance of any indebtedness or obligatlons secured by thfs Deed of Trust and to exercise all 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; nofinrithstanding, some or all of such indebtedness and obligatfons secured by
<br />this D�d of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Ilen,
<br />assignment or otherwise. Neither the acceptance of thfs Deed of Trust nor its enforcement, whether by court
<br />actlon or pursuant to the power of sale ar other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to real'¢e upon or enforce any other secu�ity 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 Tnist 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 additlon 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 efther of them may be otherwise entitled, may be exercised,
<br />concuRently ar independenUy, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue fnconsistent remed(es. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deflciency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exdude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after 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 Notice 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 flrst
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fe�; Expens�. If Lender institutes any suft or action to enforce any of the term.s of this Deed of
<br />Trust, Lender shall be entitled to recover such sum � the court may adjudge reasorrable � attomeys' fees at trial
<br />and upon any appeal. Whether or not any court acdon is involved, and to the extent not prohibfted by law, all
<br />reasorrable expenses Lender incurs that in Lenders opinion are neoessary at any tfine for the protection of its
<br />interest or the enforcement of its Mghts shall be�me a part of the Indebtedness payable on demand and shall bear
<br />fnterest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expens� for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or InJunction), appeals, and any anticipated post judgment
<br />collection seMces, the cost of searching records, obtaining title reports (includfng foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in additlon to all other surr� provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duUes of Lender as set forth in this secUon.
<br />POWERS AND OBUGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In additlon to all powers of Trustee arfsing as a matter of law, Trustee shall have the power to
<br />take the following actions with respect to the PropeKy upon the written request of Lender and Trustor: (a) join in
<br />preparing and filing a map or plat of the Real Property, including the dedicaUon of streets or other �ights to the
<br />public; (b) Join in granting any easement or creating any resMction on the Real Property; and (c) join in any
<br />subordination or other agreement affecUng this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applfcable law. In addiUon to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the �Ight to
<br />foreclose by notice and sale, and Lender shall have the �ight to foreclose by judicial foreclosure, in either case in
<br />accordance 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 />appointed under this Deed of Trust by an instrumant executed and acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in additlon to all other
<br />matters required by state law, the names of the o�iginal 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
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor t►vstee, without conveyance of the Property, shall succeed to all the
<br />title, power, and dutles conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br />and any notice of sale shall be given fn writing, and shall be effective when actually delfvered, when actually receNed
<br />by telefacsimfle (unless otherwise required by law), when deposited with a nationally recognized ovemight courier, or, if
<br />mailed, when deposited in the United States mail, as flrst class, certifled or registered mail postage prepafd, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br />any lien which has prioriry over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of
<br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, speciTying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice gNen by Lender to any Trustor is deemed to be notice
<br />gfven to all Trustors.
<br />MISCELLANEOUS PROVISION3. The follow(ng miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understandfng and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteratlon of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteratlon or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residen�, Trustor shall fumish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income° shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />CapUon Headings. Captlon headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
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