highest bidder for cash in lawful money of the United States payable at the time of sale, or as otherwise may then be
<br />required by law. Trustee will deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation,
<br />Borrower, Trustee or Beneficiary, may purchase at such sale. Trustee may in the manner provided by law postpone sale
<br />of all or any portion of the Premises. The Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and
<br />expenses of exercising the power of sale and of the sale, including the payment of the Trustee's fees actually incurred
<br />not to exceed the amount which may be provided for in the Deed of Trust, second, to the payment of the obligation
<br />secured by the Deed of Trust, third, to the payment of junior deeds of trust, mortgages or other lienholders, and the
<br />balance, if any, to the person or persons legally entitled thereto.
<br />If Borrower is in default, Lender may elect not to accelerate the Secured Indebtedness but instead may refuse to
<br />make additional advances or reduce the Credit Limit. Even if Lender elects not to exercise any remedy under this
<br />Security Instrument, Lender does not forfeit or waive Lender's right to do so at a later time or to do so if Borrower is
<br />in default again.
<br />16. Reconveyance. Upon payment of all sums secured by this Deed of Trust and provided Lender's obligation to
<br />make further advances under the Note has terminated, Lender shall discharge this Deed of Trust without charge to
<br />Borrower, except that Borrower shall pay any fees for recording of a satisfaction of this Deed of Trust. Upon written
<br />request of Beneficiary stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and
<br />any note to Trustee for cancellation and retention and upon payment by Beneficiary of Trustee's fees, Trustee shall
<br />reconvey to Beneficiary, or the person or persons legally entitled thereto, without warranty, any portion of the Premises
<br />then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled
<br />thereto."
<br />17. Trustee. Trustee accepts the trusts herein created when this Deed of Trust, duly executed and acknowledged, is
<br />made a public record as provided by law. Trustee shall not be liable for any error of judgment or act done by Trustee, or
<br />be otherwise responsible or accountable under any circumstances whatsoever. Trustee shall not be personally liable in
<br />case of entry by it or anyone acting by virtue of the powers herein granted it upon the Deed of Trust for debts
<br />contracted or liability or damages incurred in the management or operation of the Premises. Trustee shall have the right
<br />to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by
<br />it hereunder or believed by it in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses
<br />incurred by it in the performance of its duties hereunder and to reasonable compensation for such of its services
<br />hereunder as shall be rendered. Borrower will, from time to time, pay compensation due Trustee hereunder and
<br />reimburse Trustee for and save and hold it harmless from and against any and all loss, cost, liability, damage and
<br />expense whatsoever incurred by it in the performance of its duties.
<br />All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the purposes for
<br />which they were received, but need not be segregated in any manner from any other moneys (except to the extent
<br />required by law) and Trustee shall be under no liability for interest on any moneys received by it hereunder.
<br />18. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument
<br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power, and duties
<br />conferred upon Trustee herein and by Applicable Law.
<br />19. Request for Notices. Borrower and lender hereby request a copy of any notice of default, and a copy of any
<br />notice of sale there under, be mailed to each party at the address for such party set forth in this Deed of Trust.
<br />20. No Claim of Credit for Taxes. Borrower shall not make deduction from or claim credit on the principal or
<br />interest secured by this Security Instrument by reason of any governmental taxes, assessments, or charges. Borrower
<br />shall not claim any deduction from the taxable value of the Property by reason of this Security Instrument.
<br />21. Waivers. To the extent permitted by applicable law, we waive and release any error or defects in proceedings
<br />to enforce this Deed of Trust and hereby waive the benefit of any present or future laws providing for stay of execution,
<br />extension of time, exemption from attachment, levy and sale and homestead exemption.
<br />NEBRASKA HELOC Deed of Trust
<br />IDS, Inc.
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