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2� 15�73��
<br /> DEED �F TRL�ST
<br /> �Cantinued� Page 6
<br /> separate IQts or parcels or items as Trustee shall deem expedient� and in such order as it may determine�
<br /> at public au�tion ta �he highest bidd�r for cash in lawfui maney ❑� the Uni�ed 5ta��s payab�e at the time
<br /> vf sale. Trustee shall deli�er to suGh pur�has�� or pur�hasers therevf its go�d �nd sufficient deed ar
<br /> deeds Gon��ying the property so Sold� bu# withnut any co��nant ❑r warranty, express or implied. Th�
<br /> rec�tals in such deed o� �ny matters ar facts shai� b� conclusi�e proof af the truthfulnsss thereof, Any
<br /> person. including without I�mitation Trustor, Tr�stee, or Lender, may purchas�at su�h sale.
<br /> �b) As may be permittsd by law, after deducting all cost�, fees and expenses Qf Trustee and a�f th+s
<br /> Trust, inGluding costs�of e�idence of titls in�onnection with sa�e.Trustee shall apply the proceeds of sa�e
<br /> tv payment flf �i� all sums expended�nde�the terms of this Deed❑f Trust o�un�er the terms�af the No�e
<br /> nat then repaid, including but not limited to accrued interest and �ate charges, �iif a�i ather sums then
<br /> secured hereby, and �iii� the remainder, if any,t�the p�rson vr persvns legally entitled thereto.
<br /> ��y Ttustee mey in the manner prv�ided �y law postpone sale vf all ar any portian of the Pro��rty.
<br /> R�medies Nat ExGlusi�e. Truste� and L�nd�r, and each of them, shall be enti�led to enforc� payment and
<br /> per�ormanc�of any�ndebtedness or obfigations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of T'rust, under the Note, under any of the Related Do�uments. �r under �ny other agreement or
<br /> any laws nnw ar hereafter in force; notwithstanding, some or all of such indebtedness and vbligations secured by
<br /> this Deed vf Trust may now or hereafter be ❑therwise s�cured, whether by martgage, deed a�trus�, pledge, lien,
<br /> assignment ❑r othe�wise. Neither the accep�tance ❑� thi� C��ed a�f Trust nor its en#o�cement, w►hether by court
<br /> aCtian ar pursuant t� �he power of sale or vther powers c�ntained in this ❑eed vf Trus�, shall prejudi�e or in any
<br /> manner affe�t Trustee's or Lender's right t❑ realize upon or enforce any ❑ther security naw a�r hereaft�r hsld by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled tv enforce this De�d
<br /> of Trust and any a�ther securi#y now or hereafter held by Lender or Trustee in such order and manner as they vr
<br /> either of them may in their a�bsolute discre�ian de#srmine. N❑ remedy cc�nferred upvn or reser�ed t� Trustee flr
<br /> Lender, is intended tv b� ex��us��e af any ather remedy in this Deed of Trust or by law► pro�ided �r permitted, but
<br /> eaGh sha�� be cumulati�� an�! shall be in addition to e►►ery other remedy gi�en in this Deed of Trust or naw ar
<br /> hereafter existing at iaw vr in equity or by statute. E�ery power ar remedy gi�en b�r the Nate or any❑f the Re�ated
<br /> Documents tv Trustee or Lender ar to w►hi�h either of them may be vtherwise entit�ed, may be ex�rcised.
<br /> con�urr�ntly or inci�p�ndently, from time to time �nd as often as may be deemed expedient by Trustee or Lender,
<br /> and �i�her of tham may pursue inconsisrent remedies. Nothing �n this D��d ❑f Trust shall be construed as
<br /> prahibiting Lender�r�m seeking a defi�ieney judgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursu� any remedy shall not exclude pursu�t af any other rem�dy, and an ele�tion to
<br /> make expenditures or ta take actian ta perform an vbligativn af Trustor under this D�ed of Trust, af�er Trustor`s
<br /> failure ta per#arm, shall no#affect Lender's right to declare a default and exer�ise its remedies.
<br /> 1��quast for Notice. T�ustor, �n behalf of Trustor and Lend�r� h�reby reque�ts that a Gapy of any NvtiGe of De�aul�
<br /> and � cQpy of any Nati�e o�Sal� under this Qeed of Trust be mailsd tv them at the addresses set forth in the #irst
<br /> paragraph of this Deed of Trus#.
<br /> Attvrnsys' Fees; Expanses. If Lender institutes any suit �� �ction tv �nf�rce any of the terms of this Deed o�
<br /> Trust, Lende�5hall be enti#led to reco�e�su�h sum as the court may adjudge reason�ble as attorneys' fees at tria�
<br /> �nd upvn any �pp�al. Whether or not any cpurt action is in�ol�ed, and tv the extent nQt prohibited by law, all
<br /> reasonable �xpens�s Lendsr incurs that in Lender's ❑pinivn are neeessary at any time fc�r the prot�ciion of +ts
<br /> int�rest ar the�n#vrcement vf its �ights shall bec�me a part o�the Indebtedness payabfe on demand and sha�l �ear
<br /> inter�st at#he Note rate frvm the date of the expenditure unt�!repaid. Exp�enses G�v�red by this paragraph inciude�
<br /> wi#hout 1�mitation. how���r sub�je�t t� any limits under applicahle law. Lender's attvrneys' fees and Lender's iegal
<br /> expens�s� wh�ther or not there �s a �awsuit, including a��orneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to madi�y or�a�ate any autamatic stay or in}un�tionj, ap�peals, and �ny�nticipatsd post-judgment
<br /> cv�lection ser�ices, the cost a�f sear�hing records, vbtaining titlQ reparts �in�luding forec#osure reportsy. sur�eyvrs'
<br /> reports. and appraisa� fees, ti�le insurance, and fees fvr the Trustee, to the ex#ent permit�ed b�► appl�cable lawr.
<br /> Trustar alsa wi�l pay any court costs, in additian tv all other sums prv�ided by law.
<br /> ��ghts�f Trustde. Trust�e shall ha�e a��of the rights and duti�s�f Lender as set forth in this sectivn.
<br /> P�VIIERS AIV��BLIGATIL�NS OF TRUSTEE. The fflllt�wing pr��isians relating to the powers and obiigations ��Trustee
<br /> �re part❑f this Deed vf Trust:
<br /> Powers o�Trustee. In additian ta all pow�rs of Trustee arising as a matter af law,Trust�e shall ha�e the pvwer tv
<br /> tak�the fa���wing actions with respe�t to thp Praperty upvn the written re�uest of�ender and Trustar: ��y �oin in
<br /> pr�paring and filing a map vr plat of the R�al Property, in�luding the dedi�ation ❑f str�ets a� other ri�hts ta �he
<br /> puhli�; �b� jain in granting any e�ssment �r �reating any r��triGtivn on the Rea� Praperty; and �cy join in any
<br /> subordinetivn or�ther agreement affecting this D�ed v'f Trust or the interest of Lender under this Deed❑f Trust.
<br /> T�ru�tee. Trustee shall meet alf qua�ificativns required fo� Trustee under appl+�ab�� law►. In addition t� the rights
<br /> an�t remedies set farth abv�e� with �espect tv all ar any p�rt of the Prvperty, the Trustee shali h��e the right to
<br /> for�clos� by notic� and sale. and Lender shai� ha�e the right to foreclose by judicia� far�c�osure, in eixher �ase �n
<br /> accordan�e w�th and to the full extent prv��ded by applicable 18w.
<br /> 5ucc�ssvr Trustee. Lender, at Lend�r's aption� may iram time to time appo�nt a successor Trustee to any Trustee
<br /> appaint�d under this �eed of Trust hy an instrumgnt executed and ackna�rvled�ed by L�n�er and re�arded in �he
<br /> of�ice of the recorder �f HALL Gounty, 5tate vf Nebr�sl�a, The instrumeni shall �ontain, in add�tivn to ali other
<br /> rr�attar� required by sta�e �aw, the names o� the orig�nel Lender, Trust��, and Trustar, the �ak and pa�e ��r
<br /> cvmputer system r�ference� where this Deed of Trust is rec�rded, and the name and address of the �uccessor
<br /> trustee, and th�instrumen#sheli be executed �nd acknowledged by al1 the beneficiaries under this Deed of Trust ar
<br /> their successors in intgrest. The successor t�ustee, wi#hout c�n�eyance af th� Prop�rty, sh�ll succeed to all the
<br /> title, power, and duties can�err�d upvn the Tru�tee En thi� ���d of Trus#�nd by applicable law. This prv�edure far
<br /> suhs�titc�#�a�n af Yrustee shall go�ern t�the exclusion of a�i att�er pro�isions for substitution,
<br /> N�TiCES. Any nvtic� required to be gi�en under this Deed of Trust� including without limitation any notice vf default
<br /> and any natice vf sa�e shail be gi�en in writing, and sha11 be�ffscti►►e when actually deli�ered, when actual�y recei�ed
<br /> by telefacsir�ile �unless atherwise r�quired by lawy, when depQs�ted with a national�y recvgnized❑►►ernight�ourier,vr, i#
<br /> ma+ied, when deposi�ed in the�nit�d States mail, a�first class, GeMified ar r�gist�r�d mail p�stege prep�id, direeted to
<br /> the addresses shQwn ne�r�he beginning o�this C�eed of Trust. All capies ❑f natices of foreclosu�e rtrom th� holder ❑f
<br /> any fien whi�h has priori�y a�er this deed of Trust sha�1 b� sent to Lender's address, as shawn near the beginning ❑f
<br /> #his Deed vf Trust. Any party may change i�s address for notices under this D�ed of Trus# by gi�ing formal written
<br /> nvtice t� the vther parties, specifying that the pu�pose of the noti�e is to change the party's address. For notice
<br /> purpflses, Trustvr a��ees to keep Lender infvrm�d at all times af Trustor's current address. Un�ess ath�rwise prvr►ided
<br /> vr requir�d by law, i�the�re is more than c�n�Trus�v�r, �ny na�tiG�gi�en hy Lender t� any Trustar is deemed t❑ be notice
<br /> gi�en to all Trustors.
<br /> MISCELLANE�US PR�VISI�NS. The following m�scel�aneous pro�isions are a part of thi$ Deed of Trust:
<br /> Amendments. This D�ed of T�ust, together with any Re�ated Dacuments, constitutes the entire understanding and
<br /> e�reement of th� parties as to the metters set iarth in this L]eed of Trust. N� elt�f�tit�n of�r �mendment tv thi�
<br /> ❑eed �f Trust sh�ll be� �ffecti�e unless gi�en in writing and signed by the party or partie� �augh�to b� charged or
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