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201401415 <br /> DEED OF TRUST <br /> Loan No: 123 (Continued] Page 6 <br /> to Trustor such Notice of Default and Notice af 5ale as then required by law and by this �eeci of Trust. <br /> TrusEee shall, without demand on 7rustor, after such time as may then be required by law and afiter <br /> recordation of such Notice of Default and a€ter Notice of Safe having been given as required by ]aw, sel[ <br /> the Property at the time and p[ace o€ sale fixed by it in such Notice of 5ale, either as a whale, or in <br /> separate lots or parcels or items as Trustee shail deem expedient, and in such order as it may determine, <br /> at public auction to the E�ighest bidder for eash in lawful money of the United States payable at the time <br /> of sale. Trustee shall deliver to such purchaser or purchesers thereof 9ts good and sufficient deed or <br /> deetis conveying the property so sold, but without any co�enant or warranty, express or imglied. The <br /> recitals in such deed of any matters or facts shall be canclusive proof of Yhe truthfulness Thereof. Any <br /> person, including withaut limitation Trustor,Trustee, or Lender, may purchase at such sale. <br /> ib) As may be permitted by law, after deducting afl costs, fees and expenses of TrusCee and of this <br /> Trust, inc[uding costs of evidence of title in connection with sa1e,Trustee sha[I apply the proceeds of sale <br /> to payment of ii} a11 sums expended under xhe terms of this Deed of 3rust or under the terms of the Note <br /> not then repaid, including but nat limited to accrued interest and fate chargas, [ii] all oxher sums the� <br /> secured hereby, and iiii}the remainder, if any,#o the person os persons lega[ly entitled thereto. <br /> (c] Trustee rnay in the manner pro�ided by[aw postpona sale of all or any portion of the Property. <br /> Ftemedies Nat Exclusive. Trustee and Lender, and each of #hern, shall be eniitled ta er�fiorce payment ancl <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 ❑ocuments, or under any other agreement or <br /> any laws now ar hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by <br /> ihis Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pladge, Gen, <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 t[�is Deed af Trust, sF�al! 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�ender, it being agreed thaE Trustee and Lender, and each of them,shall be entitled to enforce this Deed <br /> ofi Trust and any ather security now or hereafter held by Ler�der or Trustee in such order and manner as they or <br /> either vf them may in xheir absalu#e discretion determine. No rerr�edy canferred upon or reserved to Trustee or <br /> Lender, is intended io be exclusive of any other remedy in this Deed of Trust or by ]aw pro�ided or perrrEitted, but <br /> each shall be cumu[ative and shall be in addition to every oFher remedy given in this Deed o# Trust or now or <br /> herea�iter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related <br /> Dacuments to Trustee or Lendar or to which either of them may be otherwise entitled, may be exercised, <br /> cancurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br /> and aither of them may pursue inconsistent remedies. Nathing in this Deed of 7rust 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 Lo pursua any remedy sha[I not exclude pursuit of any other remedy, and an election to <br /> make expenditures or to take action to perform an obligation of �rustor under this Deed of Trust, after Trustor's <br /> failure to perfarm, shall not affeet Lender's right fio decEare a default and exercise its remedies. <br /> Fiequest for Notice. Trustor, on beha[f of Trustor and Lender, herehy requests that a copy of any Notice of pefau[t <br /> and a copy of any Natice af Sa[e under this Deed of Trust be mailed to them at the addresses set for€h in the first <br /> paragraph of this Deed of Trust. <br /> Attarneys' Fees: Expenses. If Lender in5tituFes any suit or action to enforce any of the terms of this Deed of <br /> Trust, Ler�der shal] be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at#rial <br /> and uporo any appeal, Whether or not any court action is invoived, and #o tha extent not prohi6iied by law, all <br /> reasonab9e expenses Lendar incurs that in Lender's opinion are necessary at any time for the protection of its <br /> interest ar t[�e enforcerr�ent of its rights shall become a part of the Inc[ebtedness payabla on demand and shal] bear <br /> interesE at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph inelude, <br /> without Ifmitation, however subject to any limits under app[icable law, Lender's aYYorneys' fees and Lender's legal <br /> expenses, whether or noE ihere is a lawsuit, including attameys' fees and expenses for bankruptcy proceedings <br /> (including efforCs to modify or vacate any automatic stay or iniunctionl, appeals, and any anticipated post-judgment <br /> collection services, the cost of searching records, obtaining title repor�s {including foreclosure reports}, sur�eyors' <br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. <br /> Trustor also wiEl pay any caurt costs, in addition to all other sums provided by Eaw. <br /> RigFrts o#Trustee. Trustee shal[ ha�e alE of the rights and duties of Lender as set forth in this section. <br /> POWERS AND OBLIGATIONS OF TRUSTEE. The fol[owing provisions relating io the powers and obligaYions of Trustee <br /> are part of this Deed of TrusE: <br /> Powers o�f Trustee. In addition to alf powers of TrusFee arising as a matter of law,Trustee shall have ihe power to <br /> take Ihe following actions with respect to the Property upon the wr'stten request of Lender and Trustor. [a} join in <br /> preparing and fifing a map or p{at of the Real Property, irscluding 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 agreemersE affecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br /> Trustee. Trustee shall meet al[ qualifications required for Trustee under applicable faw. In addition to the rights <br /> and remedies set forth above, with respect ta all or ar�y part of the Property, ihe Trustee shall have the right to <br /> forec[ose by notice and sale, and Lender shall have the right to forec[ose by judicia! #oreclosure, in either case in <br /> accordance with and to the full extent pro�ided hy applica6le law. <br /> Successor Trustee. Lender, at Lender's option, may from Yime 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 recorded in the <br /> office of the racorder of HALL County, State of Ne6raska. The instrument shaEl contain, in addition #o all other <br /> maEEers required by state law, the names of the original Lender, Trustee, and Trustor, the book and page [or <br /> compucer system reference) where this Deed of Tr�st is recorded, and the name and address of the seaccessor <br /> trustee, and the instrument sha[I 6e executed and acknowledged by all the heneficiaries under this Deed of Tre�st or <br /> their suc�essors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the <br /> title, pawer, and duties canferred �pon the Trustee in this Deed Q#Trust and by applicable iaw. This procedure for <br /> substitution of Trustee sha[I govern to the exclusion of all other provisions for substitution. <br /> NQT[CES, Any notice required to be given under this Deed of 3rust, ineluding without limitation any notice o€ default <br /> and any notice of sale shall be gi�en in writing, and shafl be ei`fective when actuaEly de]ivered, when actually received <br /> by telefacsimile [unless otherwEse required tay Esw}, when deposited with a nationally recognized overnight courier, or, if <br /> mailed, when deposited in the EJnited States mail, as first class, certified or registered mail postage grepaid, directed to <br /> the addresses shown near the beginning of this Deed of Trust. Afi copies of notices of foreclosure from the holder ot <br /> any lien whic[� 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 not9ce <br /> purpases, Trustor agrees to kaep Lender informed at all times of Trustor`s current address. Efnless otherwise pro�ided <br /> or requirecE by law, if there is more than one Trustor, any notice given by lender to any Trustor is deemed ta be notice <br /> given to al]Trustors. <br /> MfSCELLANE�US PRdV[510NS. The following miscellaneous provisions are a part of this Deed of Trust: <br />