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202110684
<br />attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine.
<br />The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and
<br />the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding
<br />the continuance in possession of the Property or the collection, receipt and application of rents, issues or
<br />profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br />Documents or by law upon the occurrence of any event of default, including the right to exercise the power of
<br />sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and
<br />election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed
<br />for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a
<br />secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and
<br />evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to
<br />Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee
<br />shall, without demand on Trustor, after such time as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time
<br />and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for
<br />cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser
<br />or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any
<br />covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,
<br />including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment
<br />of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note not then repaid,
<br />including but not limited to accrued interest and late charges, (ii) all other sums then secured hereby, and (iii)
<br />the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under
<br />this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now
<br />or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust
<br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br />Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale
<br />or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to
<br />realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and
<br />Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by
<br />Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of
<br />Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br />this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note
<br />or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or
<br />Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure to
<br />perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and
<br />a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph
<br />of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any
<br />appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses
<br />Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its
<br />rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
<br />of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any
<br />limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
<br />stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for
<br />the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br />provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are
<br />part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take
<br />the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing
<br />and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in
<br />granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other
<br />agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and
<br />remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by
<br />notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and
<br />to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of
<br />the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other matters required by
<br />state law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system reference)
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