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DEED OF TRUST 9 9 1 U 9 9 7 8 Page 5
<br /> (Continued) ' � ? �
<br /> highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or
<br /> purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty,
<br /> express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person, including without limitation Trustor,Trustee,or Lender,may 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, including costs of
<br /> evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the
<br /> terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late
<br /> charges, (ii)all other sums then secured hereby,and (iii)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 entitied to enforce payment and performance of any
<br /> indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note,
<br /> under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of
<br /> such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of
<br /> trust, pledge, lien, assignment or othenvise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br /> pursuant to the power of sale or other powers contained in this Deed of Trust,shall prejudice or in any manner affect Trustee's or Lender's
<br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender,and
<br /> each of them,shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order
<br /> and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br /> and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every
<br /> power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br /> entitled,may be exercised,concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br /> deficiency judgment against the Trustor to the extent such action is permitted by law. A waiver by any party of a breach of a provision of this
<br /> Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any
<br /> other provision. Election by Lender to pursue any remedy will not bar any other remedy, and an election to make expenditures or to take
<br /> action to perform an obligation of Trustor under this Deed of Trust,after Trustor's failure to perform,shall not affect Lender's right to declare a
<br /> 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 a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph 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, Lender shall be entitled
<br /> to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is
<br /> involved, and to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br /> for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br /> however subject to any limits under applicable law, Lender's attomeys'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 stay or injunction),
<br /> appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br /> reports), surveyors' reports, and appraisal fees,title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br /> also will pay any court costs, in addition to all other sums provided by law. A waiver by any party of a breach of a provision of this Deed of
<br /> Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other
<br /> provision.
<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 part of this Deed of
<br /> Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter�f law,Trustee shall have the power to take the following actions
<br /> with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or piat of the Real
<br /> Property, including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction on the
<br /> Real Properiy;and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br /> Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br /> above,with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
<br /> the right to foreclose by judicial foreclosure,in either case in accordance with and 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 appointed under this
<br /> Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, State of
<br /> Nebraska. The instrument shall contain, in addition to all other matters required by state law,the names of the original Lender,Trustee,and
<br /> Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the
<br /> successor trustee, and the instrument shall be executed and acknowledged by a{I the beneficiaries under this Deed of Trust or their
<br /> successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the title, power,and duties conferred
<br /> upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govem to the exclusion of all
<br /> other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br /> be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br /> when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br /> registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br /> from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed
<br /> of Trust. My party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that
<br /> the purpose of the notice is to change the party's address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's
<br /> current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties
<br /> as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shatl be effective unless given in writing
<br /> and signed by the parry or parties sought to be charged or bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified
<br /> statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall
<br /> require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the
<br /> operation of the Property.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define
<br /> the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at
<br /> any time held by or for the benefit of Lender in any capaciry,without the written consent of Lender. »
<br /> Governing Law. This Deed of Trust will be governed by,construed and enforced In accordance with federal law and the laws of the
<br /> State of South Dakota, except and only to the extent of procedural matters related to the perfection and enforcement of Lender's
<br /> rights and remedies against the Property, which matters shall be governed by the laws of the State oi Nebraska. However, in the
<br /> event that the enforceability or validity of any provision of this Deed of Trust is challenged or questioned, such provision shall be
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