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2� 1 �� 1 �35
<br /> DEED �F TRUST
<br /> ��onti�ued� F�age 6
<br /> Trustee shall, without d�mand on Trustor, after su�h fiime as may fihen be required hy law and after
<br /> recordation o�such N�tice o� De�ault and a�te� Nvtice of 5ale ha�ing been g��en as required by law, sell
<br /> the Prvperty a� the time and place ❑� saie f�xed by it in such Notice of Sa[e, either as a whoie, or in
<br /> separate �a�s or parcels or items as Trustee sha�! de�m expedient, and in such order as it may determine,
<br /> at pu��ic au�tivn t❑ the highes� bidder for cash in law�u( money ❑f the Uni�ed S�ates payable a�the t�me
<br /> of sa[e. Trustee shall deli��r to such purchaser or purchasers �hereof its good and suf�ic�ent de�d or
<br /> deeds c�n�eying the property so sold, but wi�haut any co�enant or warranty, express or implied. The
<br /> reci�als in such deed o� any matters or facts shall t�e concfusi�e proo� o#the truthfulness �herevf. Any
<br /> persvn, including without�imitation Trustor, Trustee, vr Lender, may purchas� at such sale.
<br /> �b� As may �e permitted hy law, a�ter deducting all costs, fees and expenses of Trus�ee and o# this
<br /> Trust, including cos�s af e�idence ofi tit[e in connectian with sale, Trus�ee shaff app�y fihe proceeds of sale
<br /> ta payment o�f �i� all sums expended under the terms o�this Deed of Trus't or und�r the terms of the Note
<br /> not then repa�d, including but not Eimi�ed to accrued interest and late charges, 4ii� af[ ath�r sums then
<br /> secured here�y, and �iii} the remainder, i�f any, to fihe persvn ar persons legally entitled�hereto.
<br /> �cj Trusfiee may in the mann�r pro�ided by law p�stpone safe o#a�l flr any por�ion af the Prop�rty.
<br /> Remedies No� Exclusi�e. Trustee and Lender, and ea�h of �hem, shalf be �ntitled t❑ enforce payment and
<br /> perfa�mance❑#any indeb�edness or abfigations secu�ed hy this Deed of Trus�and to ex�rcise all rights and pawers
<br /> under �his De�d af Trust, under the No�e, und�r any o��he Re�ated Dacuments, or under any other agreement ar
<br /> any laws naw or herea�te� in forc�; notwi�hstanding, some vr aff ❑f such inde�tedness and ab[igations seGured by
<br /> th�s ❑eed ❑f Trust may n�w or herea�t�� �e otherwise secured, whether by ma�tgage, deed of trust, p�edge, lien,
<br /> assignment or o�herwise. Neither the acceptan�e of this ❑eed of Trust nor its en�arcement, whether by cour�
<br /> acti�n or pursuant to �he pov►rer of sa[e or oth�r powers canta�ned in this Deed of Trust, shall pre�udi�e ❑r in any
<br /> manner a�fect Trustee's ar Lender's right to realize up�n vr en�Qrce any other security n�w or hereaf�er held by
<br /> Trustee or Lender, it b�ing agreed that Trus�ee and L�nder, and each o�F them, sha�l be en�i�led to�n�orce this Deed
<br /> o� Trust and any a�her security naw or he�ea#ter he�d by Lender or Trus�ee in such order and mann�r as they or
<br /> either ❑� th�m may in �heir absalute discretian determine. No remedy conferred upon or reser�ed tv Trusfiee or
<br /> Lender, is intend�d to be �xclusi�e of any o�her remedy in this Deed a�Trust vr by �aw pro��ded or permitted, but
<br /> each shall be �umulati�e ancl sha�l be in addi�ian to e�ery other remedy gi�en �n this Deed of Trust or now or
<br /> herea�te�exis�ing at law or in equity or by statute. E�ery power or remedy gi�en by the Note or any o�the Relat�d
<br /> Dacuments tv Trustee vr Lender or to which either v� them may #�e otherwise entit(ed, may b� exercised,
<br /> concurrently or independently, frvm time to time and as often as may be d�emed expedient by Trustee or Lende�,
<br /> and either of �hem may pursue inc�ns�stent remedies. No�hing in this Deed of Trust shall be construed as
<br /> prohibit�ng Lender�rvm seeking a deficiency�udgment against the Trus�or to the extent such a��ion is permitted by
<br /> �aw. Efectivn by L�nder tv pursue any remedy shall not exc�ude pursuit ❑f any a�her remedy, and an election to
<br /> make exp�nditur�s or to take action ta perform an obligation o�F Trustor under this De�d of T�ust, after Trustar's
<br /> failure tfl perfarm, shall n�t a��ect Lender's right ta declare a default and exercise i�s remedies.
<br /> Reques#for Nati�e. Trustor, on behalf of Trustor and Lender, hereby requests that a �opy a�any Notice af De�au�t
<br /> and a copy ❑f any Notice of Sale under�his Deed of Trust be mai[ed ta them at the addresses s�t�flrth in�he first
<br /> parag�aph of this Deed of T�ust.
<br /> Attarneys' Fees; Expenses. �f Lender institutes any suit or actifln to enfor�e any of the terms of this Deed af
<br /> Trus�, Lender shalf b� entitied to reco��r such sum as the court may adjudge reasonable as attorn�ys' fees at trial
<br /> and upon any appeal. Whether or not any cvurt action is in�vl�ed, and t� the extent nvt prohibit�d by law, aff
<br /> reasona�ie expenses Lender incurs that in Lender's vpinion a�e necessary at any �ime fo� the protection of its
<br /> interest or�he en�orcemen�of i�s rights shall l�ecame a part o��he lnde#atedness payable on demand and sha[� bear
<br /> interes'�a�th� Note rate�rom�he date of�he expendi�ture until repaid. Expens�s co�ered by this paragraph in�fude,
<br /> withaut f imi�ation, hvwe�er subject�o any lim�ts under appli�able law, Lender's attorn�ys' fees and Lender's legaf
<br /> expenses, wh�ther or not there is a fawsuit, including attorneys' f��s and expenses for bankruptcy proceedings
<br /> {incfud�ng���orts t� madify or�aca�e any automatic sfiay or injunction3, appeals, and any anticipated post-judgm�nt
<br /> collectivn ser�ices, the cost af searching recvrds, ❑btaining titfe reports 4�nciud�n� fare�lasure repo�ts�, sur�eyors'
<br /> repo�-ts, and appraisaf fees, �itle insurance, and fees for the Trustee, to th� extent permi��ed hy appl�cable law.
<br /> Trustv�a�sfl will pay any court c�sts, in addition to a��o�her sums pro�ided by law.
<br /> Rights o�Trustee, Trustee shall ha�e all of the rights and duties o�Lende�as set farth in this s�ction.
<br /> P�WERS AN❑ �gLIGATIDNS �F TRUSTEE. The following pro�isions relating t� the powers and obligations of Trus�ee
<br /> are part o�this Deed of Trust:
<br /> Povrrers of Trust�e. fn addition to all powers of Trustee aris�ng as a matter of faw, Trustee shall ha�e the power t❑
<br /> take�he folbw�ng actions with respect�o the Property upon the written request of Lender and T�ustar: �a� join in
<br /> preparing and filing a map or plat a� the R�al Proper�y, in�luding th� dedication o� stree�s or other rights '�o �he
<br /> public; {b3 join in granting any easement o� cr�ating any restriction on the Reaf Praperty; and {c} jain in any
<br /> subordination or vther agreemen�affecting this D��d o�Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee sha�! meet al! qualifica�ions required for Trust�e under app�ica�le law. ln addition to fihe rights
<br /> and �emedies set forth ab��e, wifih respect to all or any par� of �he Property, the Trustee shafl ha�e the right �o
<br /> fore�lose by no�ice and sale, and Lend�r shafl ha�e �h� right tv �oreclose �y judicia[ foreclvsure, in eith�r case in
<br /> a�cordance with and to the full ex�en�pro�ided by app�Ecable �aw.
<br /> Successor T�ustee. Lender, at Lender's optivn, may from time t�fiime appoint a su�c�ssor Trustee�o any Trust�e
<br /> appainted under �his Deed a� Trust by an instrument execu�ed and acknowledged by Lender and recorded in �he
<br /> office o� the r�corder of Hall County, State a� Nebraska. The instrument shall cantain, in addi�ivn to a�i other
<br /> matters required k�y sfiate law, �he names of the ❑rigina� L�nd�r, T�us�ee, and Trustor, the book and page tor
<br /> compu�er system re�erence3 where this Deed of Trust is recarded, and the name and addr�ss o� the successor
<br /> trustee, and�he instrument sha�� t�e executed and acknvwledged by alf the bene'�icia�ies under�his Deed❑f Trust vr
<br /> �he�r successars in interest. The successar trustee, without can�eyan�e of the Property, shall succeed to all the
<br /> titfe, pawer, and duties conferred upon the Trustee in this Deed o�Trus�and by applicable law. This pro��dure�or
<br /> substitut�on��Trustee shall go�ern�o the exclusivn af aff other pro�isions for substituti�n.
<br /> N�TI�ES. Any n�tice required to he gi�en under this Deed of Trust, in�iud'€ng without limi�ation any nofii�e of default
<br /> and any nv�i�e of sale sha[l be giv�n �n writing, and shall be effe�ti�e when actuaffy d�li�ered, when actually re�ei�ed
<br /> by te�e�a�simiie tunless otherwise required by law�, wh�n deposited with a nativnally recogni�ed o�ernight cQurie�-, or, if
<br /> mailed, when d�pasited in �he United 5ta�es mai[, as first c�ass, certi��ed ar registered mail postage prepaid, directed �o
<br /> fihe addresses shown near the beginning of�his Desd of Trusfi. All copies of notices af fore�f�sure #rom �he holder o#
<br /> any lien which has priority o�er this ❑eed af Trust shall }�e sent ta Lender's address, as shown near the beginning of
<br /> th�s �]eed of Trust. Any party may change its address for na�ices und�r �his Deed of Trust by g��ing formal written
<br /> notice to the other parti�s, spec€'�ying �hat the purpose of the notice is to change �he party's address. For notice
<br /> purposes, Trustor agrees�o keep Lender in�ormed at a�� times of Trus�ar's curren# address. Unless otherwise proWided
<br /> or required by law, if�here is more than one Trustor, any nvtice gi�en by Lender t❑ any Trustar is deemed to be no�ice
<br /> gi�en t� a(�T�ustvrs.
<br /> M15CELLANEC3US PRaVESiDNS. The fv[I�wing m�sce�laneous prv�isivns are a part❑f this ❑eed af Trust:
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