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2� 1 �� 1719
<br /> DEEa �]F TRUST
<br /> ��otlttrlued} Page 6
<br /> separa�e �ots or parce[s vr ifiems as Trustee shall deem expedient, and in su�h order as it may determine,
<br /> at public auctivn t� th� h�ghe�fi bidder for cash in la►rvful money of the Uni�ed States payahle at the time
<br /> o# sale. Trus#ee shall de���er �o such purchaser or purchasers thereof i�s gvod and su�ficient deed or
<br /> d�eds con�eying th� propert� so s�ld, but withaut any co�enant or warran�y, express or implied. The
<br /> recitals in such deed of any matt�rs vr facts shali be cfln�lusi�e praof of the tru�hfulness �herea�. Any
<br /> p�rson, including wi�hout limitation Trustor, Trustee, or Lend�r, may purchase at such sale.
<br /> �b� As may be permit�ed bY law, after dedueting all costs, fees and expenses of Trus�ee and ❑� �his
<br /> Trust, including costs vf e�idence of�itle in connecti�n with safe, Trusfiee shall apply the prviceeds o�sa�e
<br /> ta payment vf �i� all sums expended under�he terms of thEs Deed �f Trust o�under the terms of the Note
<br /> nvt th�n repaid, including bu- no� limited to accrued interest and late char�es, �ii} all ❑ther sums then
<br /> secured hereby, and �iii} the remainder, if any, �o�he person or persons lega��y entit�ed there�v.
<br /> �c� Trustee may in the mannEr pro�id�d by law postpone sale vf all or any portion o�th� Prop�rty.
<br /> Remedies Nv� Exclusi�e. Trust�e an�1 Lender, and each of them, shall be enti�led to enforce paymen� and
<br /> per�vrmance ofi any indebtedness or ob�igatinns secured by this Deed of Trus�and�o exer�ise a�� rights and powers
<br /> under this ❑eed af Trust, under �he Nvfie, under any of the Rela�ed Documents, or under any vther agreement or
<br /> any laws now or hereaft�r in farc�; natwifihstanding, same vr all ❑f such �ndebtedness and ob[igations secured by
<br /> this Deed of Trus� may n�w �r herea�tyr be otherwise secured, ►rvhether �y martgage, deed of trust, p��dge, li�n,
<br /> assignment flr vtherwise. Neither the acceptance o� this Deed o# Trusfi nvr its enforcemen�, whether by court
<br /> ac�tion or pursuant to the power �f sa[e or oth�r powers contained in this De�d o�Trust, shall prejudice or in any
<br /> manner af�ect Trustee's or Lender's right ta realize upon or en��rce any othe� security now ar her�after he�d by
<br /> Trustee or Lend�r, it being agreed that Trustee and Lend�r, and each of them, shall be�nt�tled to enfiorce thi� Deed
<br /> of Trust and any �ther security nvw o• hereafter held kay Lender or Trustee in such ord�r and manner as they or
<br /> either of �hem may in their a�solute disc�et�on determine. No remedy conferred upan or reser�ed to Trus�e� or
<br /> Lender, is intended ta be excfusi�e o#any other remedy in this ❑eed of Trus�ar by law prv�ided or pe�-mit�ed, hut
<br /> each sha�� be cumulati�e and shaff �e in add�x€on to e�ery other remedy gi�en in this Deed of Trust or nvw or
<br /> her�after existing at law or in equity or by statute. E�ery pvwer or remedy g��en hy the No�e�r any vf the Relafied
<br /> Documents to Trustee or Lender or -o whi�h either of them may be atherwise entitl�d, may be exercised,
<br /> concurrently or indep�nden�ly, �ro�n tirr�e tv time and as vften as may be deemed expedienfi by Trustee or Lender,
<br /> and either of them may pursue incorsistent remedies. No�hing in this Deed af Trust sha�� be cvns�rued as
<br /> prohibiting Lender fr�m seeking a defici�ncy judgment against the Trus�or to the ex�ent such action is permitt�d �y
<br /> law. Ele�tian �y Lender ta pursue any r�medy shall not exclude pursuit of any other remedy, and an electivn ta
<br /> make expendi�ures or �v take action t� per�a�m an obiigation o� Trustvr under this Deed of Trust, after Trustar's
<br /> �ailure tv per�orm, shall no�affect Lender's right tv dec[are a default and exercise its remedies.
<br /> Request for Not��e. Trustor, on behalf�f Trustar and Lender, hereby requests that a copy o�any Noti�e of Default
<br /> and a cvpy of any Notice o�Sale under this Deed vf Trust be mailed to them at the addr�sses set fvrth in the first
<br /> parag�aph af this Deed❑f Trust.
<br /> Attorneys' Fees; Expenses. lf Lender institutes any suit ar actian to enf�rce any of the terms �� this ❑eed ❑f
<br /> Trust, Lender shall be entitled �o reca�er such sum as the cau�t may adjudge reasonable as a�torneys' f��s at trial
<br /> and upon any appeal. �Illhether or not any court a�tion is in�o��ed, and t❑ the extent not prohibited by iaw, all
<br /> reasonable expenses Lender in�urs that in Lender's opinion are necessary at any time fvr the pratectian o� its
<br /> interest ar the enforcement of its rights shall become a par�of the Indebtedness payab€� on demand and shall bear
<br /> interest a��he Note rate�rom the date v�the expendi�ure until repaid. Expenses cv�ered �y this paragraph include,
<br /> without limitati�n, howe�er subject to any lim�ts under applicable law, Lender`s a��vrneys' #ees and Lender's fegal
<br /> expenses, whe�her ar not �here i� a fa�rvsuit, inc�uding attorneys' �ees and expenses for bankruptcy pr�ceedings
<br /> �including���o�ts to modify or�a�ate any automatic stay or injunction�, appeals, and any an�icipa�ed pvst-judgment
<br /> colle�tivn ser�ices, the cast vf searching recvrds, obtaining tit�� reports 4in��uding �rore�losure reports}, sur�eyors'
<br /> repvrts, and appraisal fees, title insur�nce, and �ees for the Trustee, to th� extent perm�tted by applicabl� law.
<br /> Trus�or alsa wilf pay any court casts, in addi�ion�o all other sums pro�ided by law.
<br /> R�ghts af Trustee. Trustee shal� ha�e al���the rights and du�ies of Lender as se�forth in this se�tian.
<br /> P�VIIERS AND �BLIGATiaNS 4F TRUSTEE. The faflowing pr��isions refat�ng to the powers and obligations o�Trustee
<br /> are part of�his De�d of Trust:
<br /> Powers o#Trustee. !n addit�on to all powers of Trustee arising as a ma��er af law, Trustee sha�l ha�e the power to
<br /> take th� ���lawing ac�ions wi�h re�pect to the Property upon the writfien request of Lender and Trustor: �a} join in
<br /> preparing and ��ling a map or pla� af th�e Real Pr�perty, inc�uding th� dedication of streets or o�her rights to the
<br /> pu�lic; �by join in granting any easerr�en� �r creating any restriction on �he Reai Proper�y; and �cy join in any
<br /> subordination or other agr�em�nt a�fe�ting this Deed of Trus�❑r the in�eres�of Lender under this De�d of Trust.
<br /> Trustee. Trustee shall meet all quafific�tions requ�red �vr Trustee under applicable law. !n addition to the righ�s
<br /> and remedies set forth abo�e, wi�h respe�t to alf ar an� part �� the P�operty, the Trustee shall ha�e the right to
<br /> fo�-e�lase by nv#ice and sale, and Lender shall ha�e the right to �ore�f�se by �ud��ial foreclosure, in either case in
<br /> accordance with and to the�ul�extenfi�-o�ided by applicable law.
<br /> Su�Gessvr Trustee. Lender, at Lender's opt�on, may fram time to time appoin�a successor Trustee tv any Trus�ee
<br /> appointed under this Deed ❑f Trust by an �nstrument executed and acknawledged by Lender and reco�ded in �he
<br /> office of th� r�corder of Hall County, �tate of N�braska. The instrumenfi sha�1 contain, in addition to ali other
<br /> ma�ters requir�d �y state law, the names of �he original Lender, Trustee, and Trustor, the boak and pag� �or
<br /> computer system r�fer�nc�� where this Deed vf Trust is re�orded, and the name and address of the successor
<br /> trustee, and�he instrument sha�� be exe��uted and acknowledged �y all the beneficiaries under this Deed of Trust or
<br /> their successars in interest, The successar �rus�ee, w�thout cvn�eyance vf the Property, shalf succeed to all the
<br /> title, power, and du�ies conferred upon:he Trustee in th€s D��d o�Trust and by applicable law. This p�ocedure�or
<br /> substitutivn o�Trustee shall goWerr��o�h�exclusivn�f a[� ather pro�isi�ns�or substitutivn.
<br /> NDT�CES. Any natice r�quired to be gi�en linder this Deed of Trus�, including without fimitation any noti�e of defau��
<br /> and any nvtice af sale sha�! be gi�en i� wri�ing, and shall �e effecti�e when ac�ually defi�ered, when actually recei�ed
<br /> by te�e�acsim�le {unless atherwise required h�,� ia►nr�, when depvsited with a nationally recognized o�ernight courier, vr, if
<br /> mailed, when depasited in the Unit�d S�at�s rnail, as first class, certi�ied vr regis�ered mail postage prepaid, d�rected �v
<br /> the addresses shown nsar the beginning af this Deed of Trust. All copies o� notices af fareclasure fram the holder of
<br /> any �ien which has priority o�er this Deed of Trust shalf b� sent �o Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any par�y may change its address fior notices under �his Deed of Trust by gi�ing formal written
<br /> no�ice to the oth�r parties, specifying tha� t°�e purpose af the notice is �o chang� the party's address. Fvr notice
<br /> purposes, Trustvr agrees t❑ keep Lender infc�rmed at all times of Trustor's current address. Unless vtherwise pro��ded
<br /> or requi�ed by law, if there is more than one Trustor, any no�ice gi�en by Lender to any Trustvr is deemed �❑ be nvti�e
<br /> given t� all Trustors.
<br /> MISCELLANE�US PR�V151QNS. The�allowi�g miscel�aneous pro�isions are a part of this Deed af Trust:
<br /> Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br /> agreement af the parties as to �he ma##ers se# �orth in th�s Deed o�Trust. No a�teration of or amendment to this
<br /> De�d of Trust shall bs effec�i�e unless gi�en in writing and sign�d by�he party or parties sought ta be charged or
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