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201400196
<br /> DEED OF TRUST
<br /> Loan No: 81004480 (Continued) Page 6
<br /> to Trustor such Notice of Default and Notice of Sale as #hen required 6y law and by this Deed of Trust.
<br /> Trustee shall, withouF demand on Trusior, after such time as may than be reguired 6y law and after
<br /> recordation of such �fotice of �efault and after Notice of Sale ha�ing been given as requirecf by law, sell
<br /> the Property at the time and place af sale fixed by it in such �[otice of Sa[e, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shall deem expedient, and in such order as i#may de#ermine,
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the tirne
<br /> of sale. 7rus#ee shall deli�er to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but wiihout any covenant or warranty, express vr implied. The
<br /> recitals in sucf� deed of any matters or facts shalE be canclusive proof of the truthfulness tE�ereof. Any
<br /> person, including without limitation Trustor,7rustee, or Lender, may purchase at such sale.
<br /> {h} As rnay be permitted by law, afiter deducCing all costs, fees and expenses of Trustee and of this
<br /> TrusY, inc]uding costs o'f evidence of title in connection with sale, Trustee sE�al[ apply xhe procaeds of sa]e
<br /> #o payment of ;iI ali sums expended un8er the terms of this Deed of Trust or undes the terms of the Note
<br /> not then repaid, induding but not fimited to accrued interest end late charges, iii) all other sums then
<br /> secured hereby, and iiii) the remainder, if any,to the person or persons legal[y entitled thereEa.
<br /> {c} Trustee may in the manner provided by law postpone saie of al] or any portion of the ProperCy.
<br /> Remedies Not Exclusi�e. Trustee a�d Lender, and each of them, s[�al[ be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Oeed of Trust and to exercise al1 rights and powers
<br /> under Ehis Deed of Trust, under the Note, under any ofi the Related Documents, or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding, some vr a[I of such indsbtedness and o6ligaiions secured by
<br /> this ❑eed of Trust may now ar hereafiCer be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment ar otherwise. Neither the acceptance af this �eed of Trust nor its enforcement, whether by court
<br /> action or purs�ant to the power of sale or otE�er powers contained in this Deed of Trust, shall prejudice ar in any
<br /> manner affect Trustee's or Lender's right to realize uport or enforce any other security naw or hereafiter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, sha[I 6e entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held hy Lender or Trustee in such order and manner as tF�ey or
<br /> aither of them may in �heir absofute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusi�e of any other remedy in this �eed of Trust or by law provided or permitted, but
<br /> each sF�alE be cumulative and shall ba in addition to every other remedy given "sn this Deed of l-rust or now or
<br /> hereafter existing at]aw or in equity or 6y statute. Every power or remedy given by the Note or any of the RelatecE
<br /> Documents to Trustee Dr Lender or to which either of them may be atherwise enxit[ed, may be exercised,
<br /> cancurrentiy or independently, from Yime ta tirne and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsis#ent remedies. �[otf�ing in this Deed of Trus# sha�l be construed as
<br /> prohibiting Lender from seeking a deficieney judgmant against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remecly shal[ not exclude pursuit o€ any ather remedy, and an electian to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustar's
<br /> failure to perform, shall not affect Lender's rig[�t to daclare a default and exercise its remedies.
<br /> Req�est Lor Notice. Trustor, on 6ehalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy nf any Notice of Sale vnder this Deed of Trust 6e mailed to them at the addresses set forth in the first
<br /> paragraph ofi this Deed of Trust.
<br /> Attorneys' �'ees: Expenses. If Lender institutes any suit or action ta enforce a�y of the terms of t[�is Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonab�e as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohihited by law, ail
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of 9ts
<br /> interest or the enforcement of its rigf�ts shaEl become a part of tf�e Indebtedness payable on demand and shall bear
<br /> interest at Yhe f�ote rate from the date of the expenditure unti[ repaici. �xpenses covered by this paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys` fees and Lender's �egal
<br /> expenses, whether or not there is a [awsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to modify os vacate any automatic stay or injunction], appeals, and any anticipated past-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br /> reports, and appraisa[ fees, title insurance, and fees for the Trustee, to ths extent permitted by applicab[e law.
<br /> Trustor also wil! pay any caurt costs, in addition ta all a�her sums provided by law.
<br /> Rights of Srastee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND pBLIGAT[pNS QF SRUSTEE. The following provisions relating to the powers and obligations vf Treastee
<br /> are part of this �eed of Tr�st:
<br /> Powers of Trustee. [n addition io all powers of Tsustee arising as a ma#ter of law,Trustee shall have the power to
<br /> take tha foElowing actions wiih respect to the Property upon the written request of Lender and Trustor: (a) loin in
<br /> preparing ar�d filing a map or plat of ihe Real Property, incfuding the dedica#ion of streets or other righ#s to the
<br /> pub[ic; db] join in granting any easement or creating any restriction on the Real Property; anc[ ;c} join i� any
<br /> subordination or other agreernent affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee s[�al[ meet all qualifica#ions requ9red for Trustee under applicable law. In addi#ion to the rights
<br /> and remedies set forth above, with respect to all or any part of the Property, the Trustes shalf have ihe right to
<br /> foreclose by notice and sale, and Lender shal] have the right to foreclase by judicial foreclose�re, in either case in
<br /> accordance with and to the ful[extent provided 6y applicai�le law.
<br /> Successor Tr�stee. Lender, at Lender's option, may from time tn time appoint a successor Trustee to any Trus�ee
<br /> appointed 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 s�nfll] contain, in addition to alf other
<br /> matters required by state law, the names o# the originaf Lender, Trustee, and Trus#or, 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 shali be executed and acknowledged by ali the beneficiaries under this Deed of Trust or
<br /> their successors 9n interes#. The successor#rustee, without con�eyance of the Property, shali succeed to alE the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applica6fe law. This procedure tor
<br /> substitutoon of Trustee shall govem to the exdusior�of all ather pro�isions for substituEion.
<br /> HOTICES. Any notice required to be given under this Deed of Trust, irscluding without fimitation any notice of c�efault
<br /> and any notice of sa[e shall be given in writing, and shalf be effecti�e when actually delivered, when actua[ly received
<br /> by telefacsimile {un�ess otherwise required by law), when deposi#ed with a nationally recognized overnighi courier, or, if
<br /> mai[ed, when deposited in the United 5tates mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the 6eginning of this Deed of Trust. All copies of notices of foreclosure fram the holder of
<br /> any lien which has priority over this Deed of Trust s[�al[ be sent to Lencter'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 fosmal written
<br /> notice to ihe other parties, specifying that the purpose of the notice is to change the party`s address. For notice
<br /> purposes, Tr�stflr agrees to fceep Lender in�ormed at ail times of Trustor's current address. Unless otherwise provided
<br /> or required by law, if there is more ihan one Trustor, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> given to aq 7rustors.
<br /> MISCELLANE�l3S PROVISIONS. The folfowing miscellaneous provisions are a part of this Deed of Trus#:
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