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2� 17�2358
<br /> DEED �F TRLJST
<br /> 4 Gantinued� Page �
<br /> at pu[��ic auction to the highest bidder fvr cash in �awful money of the Unit�d S�a�es payabfe at th�time
<br /> �f saie. Trustee shall defi�er �o such purchaser or pur�hasers thereof its gvvd and suffi�i�nt deed or
<br /> deeds con�eying the praperty so sold, but without any co�enant or warranty, express vr implied. The
<br /> recitals in such deed o� any matters �r �acts shall be conc�usi�e p�oo� v� the truthfulness �hereof. Any
<br /> persvn, including without limi�a�ivn Trustor,Trustee, or Lende�, may pur�hase at such sai�.
<br /> �b� As may be permitted hy law, after deducting all costs, fees and �xpenses o� Trustee and �f �this
<br /> Trust, inciudin� cos�s of e�idence of titfs �n connection with sale, Trustee shal� app�y the proceeds of safe
<br /> to payment o� fi} all sums expended under the terms ofi this Deed of Trust or under the terms of the Note
<br /> not �hen repaid, in�luding but not limited to accrued �nterest and late charges, �ii} all other sums �hen
<br /> secured he�-eby, and �iiiy th� r�rr�ainde�, ifi any, to the person or persvns ��galiy entitled thereto.
<br /> �c} T�ustee may in the mann�r p�o�ided hy law postpone safe af al�or any portion af the Property.
<br /> Remedies Nat ExclusiWe. Truste� and Lender, and ea�h of them, shali be entitled to enforce payment and
<br /> performanc�❑f any indebtedness or ob�igations secured by�his Deed of Trust and to exercise all rights and powers
<br /> under �his Deed of Trust, under the Nate, under any of th� Refated Dacuments, or under any other ag��ement or
<br /> any laws now or hereafter in f�rce; n�twithstanding, some or all vf such indebtedness and flbligatians secured by
<br /> this Deed of Trust may now or herea�ter be vtherwise secured, whether by mortgage, deed of trust, p[edge, lien,
<br /> assignment or vtherwise. Neith�r the acceptance af this Deed of Trust nar its enforcemen�, whethe� �y court
<br /> ac�ion vr pursuant�o the power o�sa�e or nther powers contained in this De�d o�T�us�, shall prejudic� or in any
<br /> manner a��ect Trustee's ar L�nder's right ta realize upon ar enforce any other se�urity now vr herea�ter held by
<br /> Trustee or Lender, it being agreed that Trus�ee and Lender, and each o�th�m, sha�l he en�itled tv en�arc�this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they vr
<br /> either o� th�m may in their ahsolute discretion determine. No remedy con�erred upon or reser�ed tv Trus�ee ar
<br /> Lender, is intended to be exclusi�e of any other �emedy �n this Deed of Trust or by faw pra�ided or permitted, bu#
<br /> sach sha!! he cumulati�e and shal� be �n addition to e�ery other remedy gi�en �n this Deed o�F Trusfi or now or
<br /> hereafter existing a�law or in equity or by statute. E�ery power or remedy gi�en by the No�e or any o�the R�lated
<br /> Dvcuments to Trus�ee or Lender �r to which ei�her of them may be otherwise entitled, may be ex�rcised,
<br /> concurrentfy or independen�ly, �ram time t� time and as afiten as may �e deemed ex�edient hy Trustee or Lender,
<br /> and ei�her of them may pursue inconsistent remedies. Nothing in this Deed o� Trust shall be construed as
<br /> prohibi�ing Lender frvm seeking a deficiency judgm�nt against the Trustor tv the ext�nt such a��ion is perm�tted by
<br /> law. E�ection by L�nd�r to pursue any rem�dy shall nvt exclude pursuit of any �thsr r�medy, and an e[ection t❑
<br /> make expenditures or ta take activn t� perform an o�liga�ian of Trustvr under this D�ed of Trus�, after Trustor's
<br /> faiiure tv perform, sha�l nv�afife��L�nder's righfi to decla�e a default and exercise its remedies.
<br /> Requ�s��vr Notice. Trusto�, on hehalf of Trust�r and Lender, hereby requests that a capy o#any No�ice ofi De�ault
<br /> and a cvpy of any Notice v�5ale under�this Deed of Trust be mailed to them at the addresses set for�h in the first
<br /> paragraph of this Deed v�Trust.
<br /> Attvrneys' Fees; Expenses. f� Lender institu#es any suit or actian to enforce any of the t�rms of �his Deed of
<br /> Trust, Lender shall be entiti�d to reco�er suCh sum as the court may adjudge reasonable as attorneys' fees at tr�al
<br /> and upon any appeal. 1Nhe�her ar nv� any court action is in�al�ed, and �a the ex�ent n�t prohibited by law, al�
<br /> reasanahle expenses Lender incurs tha� in Lender's apinion ar� necessary at any time far the profie�tion vf its
<br /> interest or the�nforcement v�its rights shall he�ome a part o�th� lndebtedness payable on demand and shall bear
<br /> interest at the No�e rate from th�da�e ofi�he exp�ndi�ure unti� repaid. Expenses�o�ered by th�s paragraph in�lude,
<br /> without lim�tatian, howe�er subject to any �imi�s under appli�ab[� law, L�nder's attorneys' �ees and Lender's €egal
<br /> expenses, wh�ther or not there is a �awsuit, including attorneys' fees and expenses far bankrupt�y proce�dings
<br /> �including efforts ta modify or�acate any autama�ic s�ay vr injun�tion}, app�a�s, and any anticipated post-jud�ment
<br /> collection se���ces, the cast of searching r�cords, �btair�ing title repor#s �inc[udin� �oreclosure reportsy, sur�eyvrs'
<br /> reports, and appraisa� fees, title insurance, and fees for the Trustee, to the extent permitfied �y applicable law.
<br /> Trustor also wi�! pay any cour�costs, in addition to al�vther sums pro�ided by faw.
<br /> Righ#s of Trustee. Trus�ee shall ha�e all of the rights and duties of Lender as s�t forth in this section.
<br /> PQWERS AND QBLIGATIaNS �F TRUSTEE. The following pro�isions re�ating �o�he powers and ol�l�gations of Trustee
<br /> are part of th�s Deed of Trust:
<br /> Rawers o�Trustee. fn additian tv aff powers o#Trus�ee arising as a matter of law, Trus�ee shall ha�e the power to
<br /> take the fallow�ng act�vns with respect to th� Praperty upon �he writ�en request of Lender and Trus�or; �a� join in
<br /> preparing and fil�ng a map or plat vf #he Real Prop�rty, including �he dedication of streets or other rights to the
<br /> public; �b� jain �n granting any easement or creating any r�st�ictifln on the Real Property; and �c� jain �n any
<br /> subv�dination�r o�ther agreement affecting this Deed of Trust or the interest a#Lender under this ❑eed of Trust.
<br /> Trustee. Trustee shall meet all qua�ifica�ions required for Trustee unde� applica�le law. �n addition to the rights
<br /> and remedies set for�h abo�e, with �espect ta all vr any part �f the Prope�ty, the Trustee shal[ ha�e the right tv
<br /> foreclose by nat�ce and sale, and L�nd�r sha11 ha�e the right to foreclose by jud�cial �areclvsure, in e�ther case �n
<br /> accardance with and to�he full extent pro�ided by appli�able law.
<br /> Successar Trustee. Lender, at Lend�r'� vption, may from#�me to time appoint a successvr Trus�ee to any Trustee
<br /> appointed under �his Deed o� Trus� by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall Caun�y, S�a�e of Nebraska. The instrument shall contain, in additian �o all vther
<br /> matters required by state law, the names of the origina[ Lender, Trustee, and Trustor, the �ovk and page �vr
<br /> cvmputer system reference� where this Deed of Trust is recorded, and the name and address o� the suc�essor
<br /> trustee, and th�instrument shaii be execu�ed and acknowledged by all the bene�iciaries under this Deed af Trus�or
<br /> their successvrs in interes#. The successar trus�ee, withvut cvn�eyance v�'the Prvperty, shaff succeed to all the
<br /> ti�le, pvwer, and du�ies conferred upon the Trustee in this ❑eed vf Trust and by applicable law. This procedurs�ar
<br /> substitution o�Trus�ee shall go�ern to the ex�iusivn af all other pro�isi�ns f�r substitut�on.
<br /> NDTICES. Any notice requ�red �o be giW�n under this ❑eed a�Trus�, including withaut I�mitativn any notice of defau�t
<br /> and any no�ice vf sa[e shal� be gi�en in wri#ing, and shall he e��ecti�e ►n►hen actualfy de�i�ered, when actually rec�i�ed
<br /> by tele�acsimile �unless otherwise required by lawy, when deposited with a na�ianally r�cognized o�ernigh�cvurier, vr, i�
<br /> maifed, when depvsited in the United S�ates mail, as first class, �ertified or regis�ered mail pastage prepaid, direGted to
<br /> the addresses shown near the heginning of this ❑eed af Trust. A11 copies of nv�iGes ❑f forec[osure #ram the holder v�
<br /> any lien which has priority o�er �his Deed of Trust shafl he sent �Q Lender's address, as shown near the beginning of
<br /> this Deed af Trus�. Any party may change i�s address �or noti�es under this Deed of Trust by gi��n� formal written
<br /> no�ice tv �he oth�r par�ies, specifying tha� the purpose vf the not�ce is to change the party's address. For natice
<br /> purpases, Trusto� agrees to keep Lende� in�arrrted a�all times of Trustar's current address. Unless otherwise pra�ided
<br /> or required i�y law, if there is more than vne Trustor, any no�ice gi�en hy Lender ta any Trustor is deemed fiv be no�ic�
<br /> gi�en�o a[[Trustors.
<br /> M15CELLANE�US PR�VISIDNS. The�ollowing miscellanevus pr��isions are a part of�his Deed of Trust:
<br /> Amendmen#s. This ❑e�d v�Trust, tvge�her wi�h any Related aocum�nts, canstitutes the entire understanding and
<br /> agreement ofi�he parties as to the mat�ers set forth in this ❑eed ofi Trust. Nv altera�i�n vf or amendmen�to this
<br /> Deed of Trust shall be ef�ecti�e unless gi�en in writing and signed by the party or parties s�ught ta be charg�d vr
<br /> bvund by the al�erativn or amendment.
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