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2� 17� 1923
<br /> DEED �F TRUST
<br /> Laan No: 7 4'13�335� �C�ntirlu�d� Page 8
<br /> recitais in such deed of any matters �r facts shat� be �anclusi�� proof of the truthfuiness thereof. Any
<br /> persan, including wi�hout limi�ation Trustar, Trustee, ❑r Lender, may pur�hase at such sale.
<br /> �b� As may be permitted by law, after deducting ai! costs, fees and expenses af Trustee and af this
<br /> Trust, including costs of e�idence of title in �onnectian with sale, Trustee shall appfy the praceeds of saie
<br /> to payment of {i7 all sums exp�nded und�r the terms �f this D�ed ❑f T�us�or under the terms vf the Note
<br /> nat th�n repaid, in�luding but n�t limited to accrued interest and late charges, �iiy all othe� sums then
<br /> secured hereby, and �iiiy the remainder, if any, to the persan or persons lega�ly entitled thereto.
<br /> {�� Trustee may in the manner pro�ided by law p�stpvne sale vf a�i or any portian of the Property.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each of them, shall be entitied t❑ enfarce payment �nd
<br /> perfarmance of any indebtedness or obligations secured by this Deed of Trust and t❑ exercise all ri�hts and powers
<br /> under this Deed vf Trust, under the Note, under any ❑f the i�elated Documents, ar under any other agreement or
<br /> any laws now or hereafter in �orce; natwithstanding, same or all of such indebt�dness and obligatians secured by
<br /> this Deed of Trust may nflw vr hereaf#�r be othe�wise se�ured, whether by martgage, deed ❑f trust, p�edge, lien,
<br /> assignment �r ❑therw�se. Neith�r the acc�ptance of this Deed of Trust nor its enfarcement, whether by caurt
<br /> action or pursuant ta the pawer of sale or other powers contained in this Deed af Trust, shall prejudfce ar in any
<br /> manner affect Trustee's ar Lender's right t� reaiize upon or enforce any �ther security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each ❑f them, shall be entitled ta �nfarce this Deed
<br /> ❑f Trust and any o�her security now or hereafter held by L�nder �r Trust�� in such order and manner as th�y �r
<br /> either ❑f them may in th�ir absvlute discretion determine. No remedy conferred upon ❑r reser�ed to Trustee ar
<br /> Lender, is intended to be exciusi�e of any ❑ther remedy in this �eed ❑f Trust or by law pro�ided ar permitted, but
<br /> each sha!# be cumu�ati�e and shall be in addition to e�ery other remedy gi�en in this ❑�ed of Trust or now or
<br /> hereafter existing at law �r in equity or by statute, E�ery power❑r remedy gi�en by the Note ❑r any of the Refated
<br /> Documents t� Trustee ❑r Lender or ta which either �f them may be otherwise enti�led, may bs exercised,
<br /> concurrentiy or independent�y, fram time ta time and as o�ten as may be deemed expedient by Trustee �r Lende�,
<br /> and either �f them may pursue inconsistent remedies. N�th�ng in this C�eed of Trust shai� he construed as
<br /> prohibiting Lender fram seeking a defici�ncy judgment against the Trust�r to the extent such actian is permitted by
<br /> law. Electit�n by Lender to pursu� any remedy shall not exclude pursuit of any oth�r remedy, and an election t❑
<br /> make expenditures or t❑ take activn to perform an �bliga�ion o# Trustar under this Deed of Trust, after Trustar's
<br /> fai�ure to per#arm, shall not affec� Lender's right to declare a default and exercise �ts remedies.
<br /> Request for No#ice. Trustor, vn hehalf of Trustor and Lender, here�y requests tha�a copy at any Nat�ce of ❑efault
<br /> and a copy of any Natice �f Sa�e under this Deed of Trust be mailed t❑ them at the addr�sses set forth in the first
<br /> paragraph of this De�d af Trust.
<br /> Attorneys' Fees: Expenses. If Lend�r institutes any suit ❑r ac�ion to entorce any of the terms ❑f this �eed flf
<br /> Trust, Lender shall be entitled t� reco�er such sum as the court may adjudge reasonable as attorneys' fees at tria�
<br /> and upon any appeal. Whether vr not any court action is in�ol�ed, and t� the extent not prahibited by iaw, all
<br /> reasona�le expenses Lende� incurs that in Lender's apinion are necessary at any time f�r the protection of its
<br /> int�rest or the entorcement❑f its rights shall become a part �f the Indebtedness payable an demand and shall bear
<br /> interest at the Not� rate frnm the date af the expenditure unt�� repaid. Expenses co�ered by this paragraph include,
<br /> without limitation, howe�er subje�t to any limits under applicabEe law, Lender's attarn�ys' fe�s and Lender's legal
<br /> expenses, whether ar not there is a lawsuit, including att�rneys' fees and expens�s fnr bankruptGy pr�ceedings
<br /> �including efforts t� madify�r�acate any automati� stay or injunctian�, appeals, and any anti�ipated past-judgment
<br /> �oEiection ser�i��s, �he �ast of searching r�c�rds, ❑htaining title r�parts �including foreclosure repvrtsy, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and tees for the Trustee, to the extent permitt�d hy applicable law.
<br /> Trustor also will pay any court costs, in addition to a�l other sums pro�ided by law,
<br /> R�ghts of Trustee. Trustee shall ha�e all ❑f the rFghts and duties ❑f Lender as set�orth in this se�ti�n.
<br /> P�VIIERS AND �BLIGATI�NS �F TRUSTEE. The follawing pro��sians reiating to the powers and obiigations af Trustee
<br /> are part af this ❑eed of Trust:
<br /> Powers of Trustee. In additian to a�l powe�s of Trustee arising as a matter of�aw, Truste� shaii ha�e the power to
<br /> take the follawing actions with respect t❑ the Prvp�rty upon the written request of Lender and Trustor: {ay jain in
<br /> preparing and ���ing a map or plat of the Real Property, including the dedicatian of str�ets ar o�her rights t❑ the
<br /> public; �b� join in granting any easement �r creating any r�strictian ❑n the Real Property; and �c� �oin in any
<br /> subordination ❑r other agre�ment affecting this Deed of Trust or the interest af Lender under this De�d of Trust.
<br /> Trustee. Trustee shall meet aff quaiifications required for Trustee under applicable law. �n addition to the rights
<br /> and remedies set forth abo�e, with respect to alf �r any part ❑f the Property, the Trustee shall ha�e the right to
<br /> foreclose by notice and sale, and Lender shall ha�e the right to fi�reclvse by �udicial fo�eclosure, in either case in
<br /> ac�vrdance with and ta the full extent pro�ided by applica��e law.
<br /> Successor Trus#ee. Lender, at Lender's aption, may fram time t❑ time appaint a su�cessor Trustee t❑ any Trustee
<br /> appainted under this Deed af Trust by an instrument exe�uted and acknowledged by Lender and re�orded in the
<br /> office of the recorder of HALL County, State af Nebraska, The instrument shall contain, in additian to afi ath�r
<br /> matters required �y state law, the names of the arigina! Lender, Trustee, and Trustor, th� baok and page ��r
<br /> c�mputer system reterencey where this ❑eed at Trust is reCarded, and the name and address �t the successor
<br /> trustee, and the instrument shall he�xecuted and a�knawledged by al�the benefiGiaries under this Deed of Trust or
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