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201211012
<br /> DEED OF TRUST
<br /> Loan No: 89002047 (Contaneaed) Page 6
<br /> at public auction to the highest bidder for cash in lawfuf money of the United States paya6le at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereofi its good and sufficieni deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truth#ulness thereof. Any
<br /> person, induding without limitation TrusYor,Trustee, or Lender, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting al�l costs, fees and expenses ofi Trustee and of this
<br /> Trust, i�cluding 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 ofi the Note
<br /> not then repaid, induding but not I.imited to accrued interest and tate charges, (ii) all other sums then
<br /> secured nereby, and (iii) tne remai�nder, if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of alf or any portion of the Property.
<br /> Recnedies Not Exclusive. Trustee and Lender, and each ofi them, shall be entitled to enfiorce payment 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 ofi Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br /> any laws now or hereafter in fiorce; notwithstanding, some or all of such indebtedness and obligations 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 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 contained in�this Deed of Trust, shall prejudice or in any
<br /> manner affect Trustee's or Lender's ri.ght to realize upon or enforce any other security now or hereafter held by
<br /> Trusiee or Lender, it being agreetl that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br /> ofi Trust and any other security now or hereafter held by Lender or Trustee in such order and rnanner 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 rernedy given in this Deed of Trust or now or
<br /> hereafter existing at law or i�n 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 otherwis.e entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of thern may pursue inconsistent remedies. Nothing in this Deed of Trust shall be consYrued as
<br /> prohi.biting Lender from seeking a deiiciency judgment against the Trustor to the extent such action is permitted 6y
<br /> law. Election by Lender to pursue any remedy shall not exclude 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 affeci Lender's right to decla�.re 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 Defiault
<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 Le:nder institutes any suit or action to enfiorce any of the terms ofi this Deed of
<br /> Trust, Lender shali be entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at trial
<br /> and upon any appeai_ Whether or not any court acti�.on is involved, and to the extent not prohi.birted 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 enfiorcement of its righis shall become a part of the lndebtedness payable on demand and shall bear
<br /> interest 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 attomeys' 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 automati�c stay or injunction), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br /> reports, and appraisai fiees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATtONS OF TRUSTEE. The fioilowing provisions reiating to the powers and obligations ofi Trustee
<br /> are part of this Deed of Trust: �
<br /> Powers of Trustee. In addition to all powers ofi Trustee arising as a matter of law, Trustee shall have the power to
<br /> take the foliowing actions with respect to the Property 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 dedication of streets or other rights ro the
<br /> public; (b) join in granting any easement or creating any restriciion on the Real Property; and (c) join in eny
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Tmustee�. Trustee shall meet all qual.ifi.cations 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 shall have the right to foreclose by judinial foreclosure, in either case in
<br /> a.ccordance with and to the full extent provided by applicable L.aw.
<br /> Successor Tnestee. Lender, at Lender's option, may from ti�me to time a.ppoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recoeded in the
<br /> office of ihe recorder of Hall County, State of I�iebraska. The instrument shall contain, in addition to all other
<br /> matters requirecl by state law, the names of the original Le�nder, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Yrust is recorded, and the name and address of the successor
<br /> trustee, anci the instrument shall be executed and acknowledged by aU the benefiiciaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Pro�perty, shall succeed to all the
<br /> title, power,and duiies conferred upon the Trustee in this Deed of Trust and by appi�icable law. This procedure for
<br /> substitution of Trustee shall govern to the exdusion of all other provisions for substitution.
<br /> NOTICES_ Any notice required to be given under this Deed of Trust, induding without limitation any notice of default
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actua:lly received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recogn:ized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning ofi this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's 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, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to I<eep Lender informed at all times of Tr�stor's current address. Unless otherwise provided
<br /> or required by law,if Yhere is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MlSCELLANEOU�S PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Avnendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br /> agreement ofi the parties as to the matters set fiorth in this Deed of Trust. t�lo alteration of or amendment to tt�is
<br /> Deed of Trust shall be ei�fective unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by ihe aiteration or amendment.
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