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DEED OF TRUST 201304093
<br /> Loan No: 101264935 (Continued) Page 8
<br /> recitals 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 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 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 entitled 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 /> 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 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 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 right to realize upon or enforce 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 /> 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 as may 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 as
<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 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 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 of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at 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 part 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 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 expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic 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 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 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 OBLIGATIONS 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 addition 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 a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting 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 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 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 instrument executed and acknowledged.by Lender and recarded_in the
<br /> office of the recorder of Hall County, State of Nebraska. The instrument-shall contain, 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
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
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