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2� 1 ��4121
<br /> DEED �F TRUST
<br /> ���r1t�n��d} Page �
<br /> o�a se�ured par�y under th� N�braska Uni�orrn Commercial Cvde.
<br /> Forectasure by Pvwer of Sa1e, If Lender elects to�oreclose by exercise o�the Power of 5ale h�re�n contained,
<br /> Lender shall nvtify Trustee and shall deposit with Trustee th�s ❑eed o�Trust and �he N��e and such receipts
<br /> and e�idence of expendi�ures made and secured hy this Deed of Trust as Trustee may require.
<br /> �a� Upvn receip�of such natic� from Lender, Trustee sha�l cause to be recorded, published and deli�ered
<br /> to Trustor such Nnti�e af Default and Notice o� Saie as then required by law and by this ❑eed a�Trust.
<br /> Trustee shall, without demand on Trustor, a�ter such �ime as may then be �equired by law and af�er
<br /> recardation of such Notice of IJefauit and a�ter No��ce of Sale ha�ing been gi�en as �equired by law, sell
<br /> �he Praperty at the time and place of sale fixed by it in such Notice �� 5ale, either as a whole, or in
<br /> separate Iots or parcels or��ems as Truste� shall deem expedi�nt, and in such order as �� may determine,
<br /> at public auction to the highest bidder�or cash in lawful money of the United 5tates payable at the ��me
<br /> of sale. Trustee sha�l deli�er to su�h purchaser or purchasers thereof its good and suffi�ien� deed or
<br /> deeds �on�eying the property so sold, bu� without any c��enant or warranty, exp�ess or implied. The
<br /> reGi�als in such deed o� any matters or �acts shall be conclusive praof of th� truthfu�ness thereof. Any
<br /> person, including with�ut limitafiian Trustor, Trustee, or Lender, may purchase at such sale.
<br /> {}�} As may be permitted hy law, a�ter d�ducting all costs, �ees and expenses at Trustee and of this
<br /> Trust, including costs of e�id�nce��tit�e in connection with sale, Trustee shall apply the p�oceeds of sale
<br /> tfl payment of �iy all sums�xpended under th�terms o�this ❑eed of Trust Qr under�he terms o#the No�e
<br /> not then repaid, including bu� not limited fio accrued interest and late charges, �iiy all ather sums then
<br /> se�ur�d her�by, and �iii� �he remainder, if any, t�th� person ar p�rsons legally entitled�hereto.
<br /> tc� Trustee may in the manner pro�ided by law postpone sale of aii or any port�on o�the Praperty.
<br /> Remedies Nv� Ex�lusi�e. Trustee and Lender, and each of �hem, shall be �ntit[ed to enforce payment and
<br /> performance of any indebtedness or o#�ligations secured by this Deed of Trus�and t�exercise a�l rights and p�w�rs
<br /> under this De�d of Trust, under th� Note, under any o� the Related Documents, ar und�r any vther agreement or
<br /> any laws now or hereaf�er in force; notwithstanding, some or all of su�h indeb�edness and abligations se�ured hy
<br /> this Deed o�Trust may now �r hereaf�er be otherwise s�cur�d, wh�ther by mortgage, deed o� trust, pledge, lien,
<br /> assignment or oth�rwise. Neither �he acceptance of th�s Deed o� Trust nor its enforcement, whether by cour�
<br /> action or pursuant to the power of sale or ather pow�:rs contained �n th�s ❑eed o�Trust, shall prejudice or in any
<br /> manner affect Trustee's or Lender's right ta realize up�n or enforce any ❑ther s�curity now or hereafter he�d by
<br /> Trustee vr Lender, it being agreed that Trustee and Lender, and �ach of them, sha#� be entitled t❑ enforce this Deed
<br /> a# Trus� and any other security now or hereaf�er held by Lender or Trustee in such arder and manner as th�y or
<br /> either of them may in the�r absolute discretivn defiermine. N❑ remedy conferred upon or reser�ed �o Trustee or
<br /> Lender, is in�ended t❑ be exc�us��e ��any �ther remedy in this Deed ❑f Trust or by law pra��ded or permi�ted, �ut
<br /> each shall be cumulati�� and shal� he �n additivn to e�ery o'�her remedy gi�en in this Deed of Trust ar now ar
<br /> herea�ter existing a�law or in equity or by statute. E�ery power or remedy gi�en by�he N�te or any of the Related
<br /> D�cuments ta Trustee vr L�nder or to which e�ther ❑� them may be otherwise enti�led, may be exercised,
<br /> concurrently o� independen�ly, �rom time to time and as o�ten as may be deemed �xpedient by Trust�e or Lender,
<br /> and either af them may pursue incansis�en� remedies. Nothing in this Deed a� Trust shall be construed as
<br /> prohibiting Lender from s�eking a de�iciency judgment agains�t�he Trust�r to the extent such action is permitt�d by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit af any o�her remedy, and an elec�ion to
<br /> make expenditures vr to take ac�ion to per�o�m an oh��gat�on o� Trustar under this Deed �f Trust, a�ter Trustor`s
<br /> failure t❑ pe�form, shal! na�affec� Lender's right to d�clare a de�au�t and exercise its remedies.
<br /> Re�uest for Nv#ice. Trustar, �n behalf of Trustor and Lender, hereby r��uests�hat a copy �f any Notice a€ ❑e�ault
<br /> and a capy �f any Notice o�Sale under this ❑eed of Trus� be mailed to them at ths addresses set far�h in the �irst
<br /> paragraph ❑f this ❑eed of Trust.
<br /> A��orneys' Fees; Expenses. If Lender institutes any su�t or act�an to enforce any of �he �erms of th�s ❑eed of
<br /> Trus�, Lender shaf� be entitled to reco�er such sum as the �ourt may adjudge reasonable as at�orneys' tees at trial
<br /> and upon any appea�. VVhether or not any cour� action is in�ol��d, and to the extent not prohibited by iaw, a�!
<br /> reasonable expenses Lende� incurs �hat in Lender's opinian are necessary at any time for the �ro�ec�ion of its
<br /> int�rest or the enforcem�nt vf its rights sha11 becom� a part of the Indeb�edness payable on demand and shall bear
<br /> interest at the fVo�e ra�e from the date o�the expend�tu�-e until repaid. Expenses co�er�d by this paragraph include,
<br /> with�ut lim€tation, howe�er subject to any limits under applicable law, Lender`s attorneys' fees and Lend�r's legal
<br /> expenses, whether ar not there is a lawsui�, includin� attorneys' ��es and expenses for bankrup�cy pro��ed+ngs
<br /> �including effor�s ta mod�fy or�acate any automa�i� stay or in�unctiony, appeals, and any antic�pated pos�-�udgmenfi
<br /> cal�ection ser�i�es, the cost o�sea�ching records, obtaining title reports �in�luding fareclosur� �eports�, sur�ey�rs'
<br /> reports, and appraisal fees, ti�le insuran��, and fees for �he Trustee, to the extent permitted by app�i�abl� fav►r.
<br /> Trust�r a[sa wi1� pay any court�os�s, in addition t� all ather sums pro��ded by �aw.
<br /> Rights o�Trustee. Trustee shall have all of the rights and duties❑f Lend�r as set fo�th in this section.
<br /> P�WERS AND aBLIGATlDNS �F TRUSTEE. The following pro�isivns relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> P�wers vf Trustee. �n addition to all p�w�rs o�Trustee arising as a matter of iaw, Trus�ee shali ha���he p�wer to
<br /> take�he fol[ow�ng actions with respect�v �he Property upon th� wr�tten �equest vf Lender and Trust�r: �a� join in
<br /> preparing and filing a map or plat of the Real Praper�y, including the dedication �f streets or other rights to th�
<br /> pub�ic; �b� join in granting any easement or creating any res�ri��ion on the Real Property; and �C� join in any
<br /> subord�nation vr o�her agreement a��ecting this Deed of Trust❑r the interest of Lender und�r this D��d o#Trus�.
<br /> Trustee. Truste� shall meet all qualifica�ions required for Trustee under app�icabie law. fn addition to the �ights
<br /> and remedies s�t �arth ahv�e, with respe�t �o all or any part af the Property, the Trustee shall ha�e the right to
<br /> for�close by notic� and sa�e, and Lender shall ha�e the �igh� to �oreclose by judicial forec�osure, in either case in
<br /> accordanc� wi�h and �a the fuli extent pro��ded #�y applicable law.
<br /> 5uccessor Trustee. Lender, a� Lender's op�ion, may from �ime�fl time appoint a successor Trustee�o any Trus�ee
<br /> appointed under th€s Deed of Trust by an instrument executed and acknow��dged hy Lender and recarded in the
<br /> o�fiice af �he re�order o� Hall County, 5ta�e vf Nebraska. The ins�rument shali contain, in addi�ion to aif other
<br /> matte�s required by state faw, the names of the original Lender, Trus�ee, and Trustor, the �aok and page {or
<br /> computer system reference} where th�s D�ed o� Trust is recorded, and the name and address of the su���ssor
<br /> trust�e, and the instrumen�shall be executed and acknaw�edged hy all the benefi�iaries under th�s D��d of Trust or
<br /> their successors in interest. The succ�ssvr �rustee, without con�eyance of the Property, shall succeed to al! the
<br /> ti�le, power, and duties c�nferred upon the Trustee in�his Deed of Trust and by applicable �aw. This procedure��r
<br /> subs#i�ution��T�ustee shall go�ern�o the exclusion vf all other pro�is�ons �or substitution.
<br /> N�TICES. Any notice r�quired ta be gi�en under �his Deed o� Trust, �nc�ud�ng w�thout limitation any notic� o�d�fault
<br /> and any nvtice of sale sha�� be gi�en in writing, and shall be ef�ecti�e when actua�ly deli�ered, when actuafly recei�ed
<br /> by telefacsimile �unless otherw€se required #�y law�, wh�n deposi�ed with a nationaffy recognized a�ernight courier, or, ��
<br /> mai�ed, when deposi�ed in the United 5tates mail, as firs�class, cer�ified or registered mai! postage prepaid, directed ta
<br /> the addresses shawn near �he be�inning o�this Deed of Trust. All copies af notices �f �orecfosure from the holder o�
<br /> any lien which has priori�y o�er this �eed v� Trust shall be sent to Lender`s address, as shawn near the beginning o�
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