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2� 1 ��41 ��
<br /> DEED ��' TRUST
<br /> �Continu�d� Page �
<br /> �a� Upon re�eipt of such natic� frvm Lender, Trustee shall cause to �e record�d, pu�lished and deii�er�d
<br /> ta Trustor such Notice o� Default and Nvtice of 5ale as then required by law and hy this Deed of Trust.
<br /> Trus�ee shall, without demand ❑n Trustar, after such time as may then be required by law and a�ter
<br /> recorda�ian of such Natice a� De�ault and after NatiGe of 5ale ha�ing been gi�en as required by law, se[I
<br /> the Prap�rty at the �ime and place of sale fiixed hy it �n such Notice of Sa�e, e�ther as a whole, or in
<br /> separa�e �o�s ❑r pa�ce�s ar items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction to �he highest bidder fvr cash �n Iawful money ❑f the �nited Stafies payable at the time
<br /> af sale. Trustee shal[ deii�e� �o such purchaser or purchasers thereof its good and suffi�ient deed ar
<br /> deeds con�eying the property so sold, but without any cv�enan� �r warranty, express or implied. The
<br /> recitals in such deed of any ma�ters or facts shall be conclusi�e proof of the truth�ufness thereof. Any
<br /> pers�n, including withou�limitation Trustor, Trustee, ar Lender, may pur�hase a�such safe.
<br /> �b� As may be permitted by �aw, after deducting a�l costs, fees and �xpenses af Trustee and of this
<br /> Trust, inciuding costs of e�idence�f title in connect��n wrth sa�e, Trus�tee shall apply th� proc��ds o�sale
<br /> to payment of �i} all sums expended under the terms o�th�s ❑eed o�Trust or under�he terms o�the Note
<br /> not then repaid, including but no� Iimi�ed to accrued interest and late charges, �ii� all other sums then
<br /> secured here�y, and �iii} the remainder, if any, ��the person or persans �egally entitled there�o.
<br /> �cy Trustee may in the manner pra�ided by law postpone sale��ai��r any portion of the Property.
<br /> Remedies N�t Exclus�ve. Trustee and Lender, and ea�h �f them, sha[I be ent�t�ed tv enforce payment and
<br /> performance of any indebtedness or vbliga�ions secured by this Deed o�Trust and to exercise all righ�s and powers
<br /> under this Deed of Trust, under the Note, under any vf the Rela�ed ❑ocuments, or under any other agreement a�
<br /> any laws now or hereafter in force; natwithstanding, some ar all of such indeb�edness and obligations secured �y
<br /> this Deed of Trus� may naw or herea�ter be otherwise secured, whe�her by mor�gage, deed a�trust, pledge, lien,
<br /> assignment or otherwise. N�ith2r th� a�ceptance of this Deed af Trust nor i�s enfor�ement, whether by court
<br /> a�tion or pursuant to �he power ❑f sale or other pow�rs contained in this Deed af Trust, shalf prejudice ar in any
<br /> manner a��ect Trustee's or Lender's right to reali�e upon or enforce any other securi�y now or he�ea�ter held �y
<br /> Trustee or Lender, it being agreed tha�Trustee and Lender, and each af them, shall be enti�led �o en�orce this Deed
<br /> of Trus� and any other security now or hereafter hefd by Lender or Trustee in such order and manner as they ar
<br /> either vf them may in their absolu�e discre�ion determine. No remedy conf�rred upon or reser�ed t� Trustee or
<br /> Lender, �s intended �o be ex�iusi�e of any o�her remedy �n this Deed af Trust or by law pra�ided or permitted, but
<br /> each shall be �umuiati�e and sha!! #�e in addition �Q e�ery o�her remedy gi�en in this Deed of Trus� ❑r now o�
<br /> hereafter exis�ing at law ar in equity or by statute. E�ery power or remedy gi�en by the Note or any of�he Related
<br /> Documents to Trus�ee or Lender or to which �ither af them may he otherwise entit�ed, may �e exercised,
<br /> concurrent�y or independen�ly, fr�m time t❑ time and as o�ten as may be deemed exp�dien� #�y Trustee or Lender,
<br /> and �ith�r o� them may pursue inconsist�nt remedies, Nothing in this Deed af Trus� shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the T�usfiar�o�he extent such ac�ion is permitted by
<br /> faw. Election by Lender t❑ pursue any remedy shall n�t �xciude pursuit of any vther remedy, and an e�ection to
<br /> make expendi�ures ar ta take action to perform an obligatian of Trust�r under this ❑eed o� Trust, af�er Trustor`5
<br /> failure to perform, shalf not a�f�ct Lender's right�o de�lare a default and exercis� its r�medies.
<br /> Request#or Notice. Trus�or, on behalf n�Trustor and Lender, hereby requests that a �opy o�any Notice of Default
<br /> and a copy o�any Notice ❑f 5ale under this Deed of Trust b� mail�d to �hem at the addresses set torth �n the firs�
<br /> paragraph�f this De�d o�Trust.
<br /> Attorneys` Fees: Expenses. I� Lender ins�itutes any suit or ac�ion to �nforce any of the terms of this Deed o�
<br /> Trust, Lender shall be entit�ed ta reco�er such sum as the caur� may adjudge reasonabl� as attorneys` fees at trial
<br /> and upan any appeal. Wh�ther ar not any court a�tion is in�al�ed, and ta �he ex�ent not prohibified by law, a��
<br /> reasonab�e �xpenses Lender incurs �hat in Lender's opinion are necessary a� any time for �he p�ote�tion �f its
<br /> in�erest or the enforcement of��s rights shali becom� a part o�the Indebtedness payable on demand and shall bear
<br /> in�erest at the Note rate from�he date af th�expenditure untii repa�d. Expenses co�ered hy�his parag�aph include,
<br /> without �imitation, hovue�er subject t❑ any limi�s under appli�able law, L�nd�r's attorneys' �fees and Lender's legal
<br /> expenses, whe�h�r or nat there is a lawsuit, including a�tarneys' fees and expenses fo� bankruptcy pr�ceed�ngs
<br /> �inc�uding effor�s t� madity or�acate any automatic stay or injunctiony, appeals, and any anticipated pos�-judgmen�
<br /> co(�ectian ser�ices, the cost of searching �ecords, obtaining title repor�s �in�luding foreclosure reports�, sur�eyors'
<br /> reports, and appraisal �ees, title insuran�e, and fees for �he Trustee, to the ex�en� permitted by applicahle iaw.
<br /> Trustor aiso will pay any cour�c�sts, in addition to a��ath�r sums pro�ided by law.
<br /> Rights o#Trustee. Trustee shall ha�e all of�he righ�s and duties of Lender as set forth in this sectian.
<br /> P�WERS AND �BLtGATIaNS aF TRUSTEE. Th� following pra�isions relating to the powers and vbliga�ions of Trustee
<br /> are par�t o�this Deed af Trus�:
<br /> Pvwers of Trustee. in addition to all pawers of Trustee arising as a matt�r of law, Trus�ee shall ha�e�he pawer to
<br /> take�he f�llowing actions with respect�o �he Property upon the written r�quest of Lender and �rustor: �a} join in
<br /> preparing and filing a map or p�at o� the Real Property, in�luding the dedi�ati�n o� streets or ather rights to the
<br /> pubiic, �b� join in granting any easem�nt or creating any restriction on the Real Property; and �c} join in any
<br /> subordinat�an or ather agreement affecting this Deed of T�ust or the interest❑f Lender under this Deed of Trust.
<br /> Trustee. Trustee shaii meet all qualificatians required for Trustee under appl�cable law. I n additian to the righ�s
<br /> and remedies set �arth abo�e, with respect �o all or any par� of th� Pr�perty, the Trustee shall ha�� the r�ght �a
<br /> fo�eclose by no�ice and sa�e, and Lender shal! ha�e the right to �ore�lose by judicial for�c��sure, in either �ase in
<br /> acc�rdan�e with and to the full �xt�nt prQ�ided by applica�le law.
<br /> Successor Trustee. Lender, a� Lender's option, may from time�to time appoint a successor Trustee�o any Trustee
<br /> appoin�ed under this Deed o# Trust by an instrument execu�ed and acknowledged by Lender and recvrd�d in the
<br /> v�fi�e o# the recorder of Hal� �ounty, State of Nebraska. The instrument shall contain, �n addition �❑ all other
<br /> matt�rs r�quired by s�a�e law, th� names a� the original Len�ler, Trustee, and Trustor, th� bvok and page ��r
<br /> computer system reference� where this Deed o� Trust is recorded, and the name and address o� �he successor
<br /> trus�ee, and the instrument shall be execu�ed and acknowledged by all the ben��iciaries under�his Deed��Trust or
<br /> their succ�ss�rs in interest. The su��essor trus�ee, wi�hout ��n�eyance of�he Prvperty, shall su�c�ed �o all the
<br /> �it�e, power, and duti�s con�erred upon the Trustee in this Deed of Trust and by app(icah�e law. This procedure for
<br /> substitution of Trus�ee shall go�ern to the ex�lusion af all ❑ther pro�isions for substitution.
<br /> NDTlCES. Any notice required �o be gi�en unde� this Deed o�Trust, in�luding withou� limitatian any notice vf defau�t
<br /> and any notic� of sale shall �e gi�en in writing, and shaI� be ef��cti�e when actually deli�ered, when actually recei�ed
<br /> by�elefacsimile 4unless o�herwise required by 1aw�, when deposited with a na�ionally recognized o���n�ght courier, or, if
<br /> mailed, when deposited in�he United 5tates mai�, as �irsfi class, certified vr registered mail postag� prepaid, dire�ted to
<br /> the addresses shown near�he beginning of this ❑eed o�T�ust. All copies ❑f no�i�es of foreclosure �rom the holder of
<br /> any lien which has priority o�er this Deed ❑f Trust sha�� be sent to Lender's address, as shown near �he beginning ❑�
<br /> this Deed of Trust. Any par�y may change its address for not�ces under this Deed of Trust by gi��ng formal written
<br /> natiGe ta the other parties, specifying tha� the purpose o� �he not�c� is to change the par�y's address. For na�ice
<br /> �]U�'p05�5, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless �therUvise pra�ided
<br /> or required hy law, i�there is mor� than ane Trustor, any notice gi�en by Lend�r to any Trustor is deemed to he notice
<br /> gi�en�o all Trus�ors.
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