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2� 1 ��313�
<br /> DEED �F `TIRUS`T
<br /> L�an N�: 'I���958�� �Cont�nue�� Page 8
<br /> d�eds ��n�eying the praperty sa s�ld, �ut vtiri�hout any co�enant ar warranty, express ar implied. The
<br /> recitals in such deed a� any matters or facts shall be canclusi�e proof o� the �ru�h�ulness #hereof. Any
<br /> persvn, in�ludin� withou�limitation Trus�ar, Truste�, or Lend�r, may purchase at such sale,
<br /> �b� As may be parmi�ted by law, after deducting al� cvsts, fees and expenses of Trustee and o� this
<br /> Trus�, inCluding costs of eWidence of ti�le in cannectivn with sale, Trus�ee shall apply#he pr�ceeds o�sale
<br /> to payment�� �i� a[I sums sxpended under the terms of this Deed fl�Trust ar under the terms❑f the Note
<br /> not then repaid, including but na� IEmited �o accrued interesfi and late charges, �ii} al� other sums then
<br /> secured hereby, and �iii� the remainder, i�any,tQ the person❑r persons legally en�i�led�hereto.
<br /> [c� T�us�ee may in�he manner pra�ided by law p�stpon�sale af al� ar any portion of the Property.
<br /> Rernedies Nat Exclusi�e. Trustee and Lender, and each ❑f them, shal! �e �nti�led to en'��rce payment and
<br /> performan�e of any inde�tedness or abligati�ns s�cured by this D��d of Trust and�o exercise all �igh�s and powers
<br /> under this D�ed of Trust, under the Note, under any of the Rela�ed Documents, ar under any other agreement ar
<br /> any laws now or hereaf�er in force; notwithstanding, some �r al� at such indebtedness and o�[igatians secu��d by
<br /> �his Deed af Trust may naw or herea�Ft�r be ofihe�wise secured, whether by marfigage, deed af trust, pledge, lien,
<br /> assignm�n� ar o�herwise. NeE�h�r the ac�ep�ance �� �this C�eed of Trus� nor its enforcement, wheth�r by cflurt
<br /> action or pursuant ta the power of sale vr other powers cQntain�d in this Deed af Trust, shal[ prejudic� vr in any
<br /> manner a�fiect Trustee's or Lender's right to reafi�e upan or snf�rce any ��h�r security now ar hereafter held by
<br /> Trust�e or Lender, it being agreed tha�Trustee and Lender, and each of them� shall be entitled�o enforce this Deed
<br /> af Trus� and any other secur�ty now or hereaf�er held by Lender or Truste� in such order and manner as �hey or
<br /> ejther of them may in �heir absolute discretion determin�. Na remedy conferred upon or reserved �ko Trustee or
<br /> L�nder, is intended �o be �xclusi�e a� any other remedy in this Deed of Trust or by lavu pro�ided or permitted, but
<br /> each sha�l b� cumulati�e and shall b� in addition �� e�ery othe� remedy ��v�n in this Deed of Trust or no�rv vr
<br /> hereaf�er exis�ing �t law or in equity v�-by statute. E�ery pow�r or remedy given by the Note or any ot the Related
<br /> D�cuments ta Truste� or L�nder �r to which e�ther af them may be otherwise enti�l�d, may be exer�ised,
<br /> cancurrently vr independently, from time fio time and as often as may be ds�med expedient by Trustee or Lender,
<br /> and either of them may pursue in�onsistent remedies. NQ�hing in this Deed of Trust shal) be construed as
<br /> prohibitin� Lender from seeking a de�Eciency judgment against�hs Trustar�a the extent such action is pe�mitted by
<br /> law. Election by L�nder ta pursue any remedy shall not exclude pursuit of any other r�medy, and an electi�n to
<br /> mal�� exp�nditures ar to take acti�n to perform an ob�igatian of Trustor under this Deed of Trust, after Trustor's
<br /> faifu�e to perform, shall not a��ect L�nder's right to declare a default and exercis� i�s remedies.
<br /> Request for No#ice. Trustor, an behalfi of Trustor and Lend�r, h�reby requ�sts tha�a capy of any N�tice of De�aulfi
<br /> and a copy o�f any Notice vf Sale under this Deed ot Trust be mailed ta them at the addresses set fiorth in the first
<br /> paragraph of this Deed o�F Trust.
<br /> A#�korneys' Fees: Expsnses. If Lender ins�itutes any suit or actian to en�Force any ofi th� �erms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge r�asanabl� as attarneys' fees at�rial
<br /> and upon any appsa[. VIlhe�her ar n��t any court a�tion is invol�ed, and to the exten� nvt prohibited by law, ai!
<br /> reasonable expenses Lend�r incurs that in L�nder's apini�n are ne�essary a� any �ime far �he protection af its
<br /> interest or the �nfar�ement af its rights shal! became a parfi of the Ind�b�edness payable vn d�mand and shall bear
<br /> interest at�he Nate rate from the date of the expenditure until repaid. Expenses coversd by this paragraph include,
<br /> without limi�tativn, however su�j�ct to any limits under applicab�� law, Lend�r's atta�neys' fees ancl Lender's legal
<br /> expenses, whether �r not �here is a lawsuit, including at�orneys' fees and e�cpenses for hankruptcy proceedings
<br /> �including e�forts to modify or Waca�e any automatic stay or injunct�on�, appeals, and any an�i�ipa�ted pQst-judgment
<br /> callection services, the cost of searching recvrds, ohtaining titfe reparts �including foreclasure r�por�s�, sur�eyors'
<br /> reparts, and appraisal f�es, �title insurance, and #ees for the Trustee, �a the exfent permitted by applicab[e law.
<br /> Trustor also will pay any�ourt costs, in addition�o al1 other sums provided by�avir.
<br /> �iights o�l rus�ee. T�-us�ee shafi have all of�che�ights and duties of Lender as set forth in�his sec�ivn.
<br /> P�VIIERS AND aBLIGATIONS UF TRUSTEE. The fvllowing provisions relating �a the pawers and vhli�afiions of Trustee
<br /> are part af this Deed o�F Trust:
<br /> Pvwers o�Trustee. In addi�ion to all powers of Trustee arising as a ma�ter af law,Trustee shal� ha�e �he pawer tc�
<br /> take �rhe fo��owing a�tivns wi�h r�spe�t ta the Proper�y upon the written request of Lender and Trustor: {a} j�in in
<br /> preparing and filing a map or pla� of �he Real Property, including the dedicativn o� streets or vthe� righ�s ta the
<br /> public; tby join in gran�ing any easement or creating any restriction ❑n �he Real Property; and �c} jflin in any
<br /> subordina�ion or ather agreement affecting this Deed �f Trust or the in��r�s�ofi L�nd�r und�r this Deed�f Trust.
<br /> Trustee. Trus�tee sha11 mee� a11 quafif�cations required for Trustee under applicable law. In ad�ition �o the rights
<br /> and remedies set �arth abo�e, wi�h respect to aft or any part of the PrQperty. th� Trustee shall ha�e �he ri�ht #v
<br /> foreclose by notice and sale, and Lender shalf haWe the righ� to �oreclos� by judicia� foreclasure, in either cas� in
<br /> accordance with and to�he full extent pro��ded by appli�able [aw.
<br /> 5uccessor Truste�. Lender, at Lender`s optifln, may from time to time appoint a successor Truste� to any Trustee
<br /> appvinted und�r th�s ❑�ed of Trust by an instrument executed and acf�nowledged by Lender and recorded in the
<br /> vffice of the re�order of HALL �aunfy, �tate �f Nebraska. The instrument sha�l con�ain, in addition ta af! o�ther
<br /> ma���rs �equired by state lav�r, the names of the original Lender, Trustee, and Trust�r, �he b�o�c and page �or
<br /> computer system r���rence} where this Deed of Trust is recorded, and the name and adc�ress of the successor
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