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2� 15�7793
<br /> aEEv �F TRusT
<br /> �C�ntinued� Page s
<br /> separate lots vr par�els or items as Trustee shail deem exp�dient, and in such order as it may determine,
<br /> at puk�lic auction t❑ the highest bidder for cash in lawful money vf the �nited States payable at the tEme
<br /> of saie. Truste� shall deli�er to such purchaser vr purchasers thereof its gaod and sufficient deed ❑r
<br /> deeds can�eying th� proper�y so so�d, hut without any co�enant or warranty, express ar implied. The
<br /> recitals in such deed ❑f any matters or facts shall be canclusi�� proof of#he truthfulness thereof. Any
<br /> p�rson, including without limitation Trustar,Trustee, or Lend�r, may pur�hase at such sals.
<br /> �b� As may he permitted hy law. af#er d�du�t�ng ai! costs, fees and expenses of Trust�e and ❑# this
<br /> Trust, including cvsts of e�idence of title in c�nnection with sale, Trustee shall apply the proceeds of sale
<br /> to payment of �iy all sums expended under the terms af this Deed of Trust or under the terms of the Nate
<br /> not then repaid, including hu# nvt I�mited �o accrued interest and late �ha�ges, �ii� all vther sums then
<br /> secured hereby, and �iii� th�remain�ier. ifi any,to the person ar persvns legally entitled theretv.
<br /> �cy Trustee may in the manner pro�ided hy law postpone sale af all�r any portion of the Property.
<br /> Remediss N�t Ex��usi�e. Trustee and Lender, and each of them, shail he entitled to �nfarce payment and
<br /> performance of any indebtedness or obligations secured by this Deed o#Trust and ta exercise afl rights and pawers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents, o� under any vther agreement or
<br /> any laws now or hereafter in force; nvtwithstanding, some vr all af such ind�bt�dness and obiigati�ns secured by
<br /> this Deed of Trust may naw or hereafter be vtherwise secured, whether by mortgage, deed of trust, pledge, �ien,
<br /> assignment or vtherwise. Neither the acc�ptance of this Deed of Trust nor �ts enfarcement, whether by caurt
<br /> activn vr pursuant to the pawer of sale or other pawers cvntained in this Deed of Trust, shalf prejudice vr in any
<br /> manner affect Trust�e's or Lender's right to rea��ze upon vr enfvrce any other security now �r hereafter held by
<br /> Trust��or Lender, it heing agreed tha#Trustee and Lender, and each of them, shall be entitied to enfvrce this Deed
<br /> af Trust and any other security now or hereafter held by Lender or Trustee in su�h order and manner as they or
<br /> either of them may in their absvlute discretion determine. No remedy cvnferred upon vr reser►►ed to Trustee or
<br /> Lende�, is intended to be exclusi�e af any other remedy in this Deed of Trust or by law prv�id�d vr permitt�d, but
<br /> each shall be cumulati�e and shall be in additian to e�ery a#her remedy gi�en in this Deed of Trust or nvw vr
<br /> hereafter exis#+ng at�aw or in equity or by statute. E►►ery power or remedy gi►►en hy the Note or any af the Rela�ed
<br /> flo�uments ta Trustee or Lender vr to which either af them may b� vtherwise entitled, may be exerc�sed,
<br /> cancu�rently or independently, from t�me t❑ time and as o#ten as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remediss. Nothing in this Deed vf Trust shall he construed as
<br /> prohibi�ing Lender f�om seeking a defi�iency judgment against the Trustor to the extent such activn is permitted by
<br /> law. Election by Lender t❑ pursue any remedy shall nvt exclude pursuit of any other remedy, and an ele�tion to
<br /> make expenditures or to take activn t� perform an obligativn of Trustor und�r this Deed of Trust, after Trustor's
<br /> failure to perfarm, shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Request for Nvtice. Trustor� on behalf af Trusto�r and Lender� hereby requests that a cnpy of any Noti�e of❑efauit
<br /> and a capy of any Notice o�Sale under this Deed of Trust be mailed#v th�m at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. lf Lender institutes any suit vr action to enforce any of the terms ❑f this Deed v�
<br /> Trus#, Lender sha�i be ent�tled to reco�er such sum as th� caurt may adjudge reasonab�e as attvrneys' fees at trial
<br /> and upon any appeal. INhether ❑r not any �ourt actian �s in�al�ed, and to th� extent nat prohibited by �aw, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time far the prote�tion of its
<br /> tnterest or the enforcement vf its rights shail become a part vf the Indebtedness payal�te on demand and shall bear
<br /> interest at the Nvte rate from the date�f the expenditure until repaid. Expenses co�ered hy this paragraph include,
<br /> withaut limitation. hawe�er subject t� any limits under applicah�e law, Lender's attorneys' �ees and Lender's legal
<br /> expenses, whether nr not there is a lawsuit, including attvrneys' fees and expenses for bankruptcy proceedings
<br /> �including effvrts to modify or�acate any automatic stay vr injunction}, appeals, and any anti�ipated pos#-judgment
<br /> c�llectivn ser�ices, the cost of searching records, ob�aining title reports tincluding foreclvsure reports�, sur�eyors'
<br /> repvrts, and appraisal #ees. title insurance. and #ees fvr the Trustee, to the exten# permitted by applicable law.
<br /> Trustar also will pay any court costs, in addition to all other sums pra�ided hy law.
<br /> Rights o#T�ustee. Trustee shall ha�e all of the rights and duties v�Lender as set fvrth in this section.
<br /> P�WERS AND QBLIGATIflNS �F TI�USTEE. The fvllowing pro�isions relating to the powers and obligations of Trustee
<br /> are part of this aeed of Trust:
<br /> Pow��s of Trustae. In addition to a!I powers of Trustee arising as a matter❑f law, Trustee shall ha�e the pvwer to
<br /> take the foliowing actions with respect t❑the Praperty upon the written request of Lend�r and Trustor: �ay jvin in
<br /> preparing and #il+ng a map or plat �f the Reai Property, including the dedicatian o� streets or other rights to the
<br /> public; �by join in granting any easement or crea�ing any restrictivn on the Real Property; and �cy join in any
<br /> subordinatian ar o�her agreement a#fecting#his Deed of Trust or the interest of Lender under this Deed vf Trust.
<br /> Trustee. Trustee sha11 meet all qualifications required fvr Trustee under applicable law. In addition to the rights
<br /> and remedies set forth abo�e, with respect to all or any part af the Property, the Trustee shall ha�e the right to
<br /> fvreciase lay notice and sale, and Lender shalt ha�e the right to #oreclose by judicial foreclosure, in either case in
<br /> a�cordance with and to the�ull extent pro�ided by app�icable law.
<br /> Successor Trustee. Lend�r, at Lender's option, may from time to time appvint a successor Trustee ta any Trustee
<br /> appointed under this Deed vf Trust by an instrument executed and acknowledged hy Lender and record�d in the
<br /> office of the recarder af Ha�l County, State of Nebraska. The instrument shall contain, in additian to all other
<br /> matters required by state law, the names of the original Lender. Trustee, and Trustor, the bvok and page �or
<br /> �omputer system reference} where this Deed of Trust is recorded, and the name and address of the successor
<br /> truste�, and the instrument shall be executed and acknowledged by all the beneficiaries under this ❑eed a#Trust or
<br /> their successors in interest. The successor trustee, without con�eyance of the Prope�ty, shal! succeed to al� the
<br /> title, pvwer� and duties conferred up�n the Trustee in this D�ed of Trust and by appiicahle law. This procedure for
<br /> substitution of Trustee shall go�ern to the exclusion of all ather pro�isians�vr substitution.
<br /> N�TiCES. Any notice required to be gi�en under this Deed of Trust, including without limitation any noti�e of default
<br /> and any nvtice v�sale shall be gi�en in wr�ting, and shall be effecti�e when actually deli�ered, when actually recei�ed
<br /> by#efefacsimils tunless vtherwise required by law�,when depasited with a nati�nally recvgnired❑�ernight�ourier,or, �f
<br /> mailed, when depvsited in the linited States ma+i, as #irst�lass, certifted or registered maii postage prepaid, directed to
<br /> the addresses shown near the be�inning of this Deed of Trust. A11 copies of notices of fareclosure frvm the holder of
<br /> any lien which has prior�ty o�er this Deed of Trust shall be sent to Lender's address� as shown near th� heginning of
<br /> this ❑eed vf Trust. Any party may change its address �or nvtices under this Deed of Trust by gi�ing fvrmal written
<br /> notice #v #he vther parties, specifying that the purpose vf the notice is #o change the party's address. For notice
<br /> purposes. Trustvr agrees to keep Lender informed at all times of Trustvr's current address. Unless otherwise prv�ided
<br /> or required by law, if there is more than one Trustar, any notice gi�en by Lende�to any Trustor is de�med to �e notice
<br /> gi�en to al�Trustors.
<br /> M15CELLANE�US PR�ViSiQNS. The follow�ng miscellaneous pro�isions are a part o�this Deed of Trust:
<br /> Amendments. This Desd of Trus�, tvgether with any Rela#ed Do�uments, canstitutes the entire unders#anding and
<br /> agreement of the parties as to the matters set f�rth in this Deed of Trust. Nv alteration of ar amendment to this
<br /> C3eed vf Trust shall be ef�ecti�e unless gi�en in writing and signed by the party �r parties sough#to bs charged or
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