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DEED OF TRUST 2001015w," <br />(Continued) Page 6 <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after <br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the <br />terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late <br />charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of <br />such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's <br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order <br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative <br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every <br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise <br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency judgment against the Trustor to the extent such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to <br />spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will <br />not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice <br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If the Indebtedness secured by this Deed of Trust is referred for collection after default to an attorney who is <br />not Lender's salaried employee, Trustor will pay all amounts Lender actually incurs as court costs and Lender's reasonable attorneys' fees. If <br />Lender forecloses on any Property, Trustor agrees to pay any reasonable fees or charges paid to any Trustee in connection with this Deed of <br />Trust, including without limitation fees for enforcing the lien, posting for sale, selling, or releasing the Property. <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of <br />Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions <br />with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real <br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the <br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of <br />Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth <br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the <br />right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this <br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County Register of <br />Deeds County, State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the <br />original Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of <br />Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and <br />duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the <br />exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall <br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), <br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or <br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure <br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed <br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or <br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender <br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice <br />