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9� � � 11'� 1�' � DEED OF TRUST c �
<br /> (Continued)
<br /> purchasers thereof its good and sufficient deed or deeds conveying the property so sold,but without any covenant or� ,
<br /> express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness there y
<br /> person,including without limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by Iaw, after deducting all costs, fees and expenses of Trustse and of this Trust, including f
<br /> evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of (i)all sums expended u� .
<br /> terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest . ,
<br /> charges, (ii)all other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thf
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not bcclusive. Trustee and Lender, and each of them, shall be entided to enforce payment and performance �
<br /> indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under t� ,
<br /> under any of the Related Documents,or under any other agreement or any laws now or hereafter in force; notwithstanding,some f
<br /> such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mo�tgage, t
<br /> trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,whether by court� r
<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 ;
<br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Lender,it being agreed that Trustee and Len� 1
<br /> each of them,shall be entitled to enforc�this Deed of Trust and any other security now or hereafter held by Lender or Trustee in su
<br /> and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Tr �
<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 cu� �
<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 statui� �
<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 c a
<br /> entitled,may be exercised,concuRenHy or independently,from time to time and as often as may be deemed expedient by Trustee o� r,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from s �
<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 provisio ,
<br /> Deed of Trust shall not constitute a waiver of or prejudice the party's righis otherwise to demand sfict compliance with that provisio� v
<br /> other provision. Election by Lender to pursue any remedy will not bar any other remedy, and an election to make expenditures o� ,
<br /> acHon to perform an obligation of Trustor under this Deed of Trust,after Trustor's failure to perform,shall not affect Lender's right to o �
<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 an:
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set fo�th in the first paragraph of this Deed of Trust.
<br /> Attomeys'Fees;Eu�enaes. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be 1
<br /> to recover such sum as the court may adjudge reasonable as attomeys'fees at trial and upon any appeal. WhetF►er or not any court
<br /> involved,end to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at. �
<br /> for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and sr
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without li� ,
<br /> however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or not there is a ,
<br /> including attorneys'fees and expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or inj�
<br /> appeals,and any a�ticipated post—judgment collecHon services, the cost of searching records, obtaining title reports (including fore�
<br /> reports),surveyors' reports,and appraisal fees,title insurance,and fees for the Trustee,to the extent permitted by applicable law. �
<br /> also wiil pay any court costs,in addKion to ali other sums provided by law. A waiver by any party of a breach of a provision of this f
<br /> Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or a �
<br /> provision.
<br /> Ri�hta 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 foilowing provisions relating to the powers and obligations of Trustee are part of this f
<br /> Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of Iaw,Trustee shall have the power to take the followinc ,
<br /> with respect to the Property upon the written request of Lender and Trustor: (a)join in preparing and filing a map or plat of I
<br /> Property,including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restrictic• �
<br /> Real Property;and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this t
<br /> Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable Iaw. In addiHon to the rights and remedies �
<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 sr
<br /> the right to foreclose by judicial foreclosure,in efther case in accordance with and to the full extent provided by applicable law.
<br /> Successo�'Trustee. Lender,at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed ur
<br /> Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County, �
<br /> Nebraska. The instrument shall contain,in addi6on to all other matters required by state Iaw,the names of the original Lender,Trus�
<br /> Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and addres�
<br /> succ�ssor trustee, and the instrument shall be executed and acknowledged by all the beneficiarias under this Deed of Trust �
<br /> successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the tiHe,power,and duties c� �
<br /> upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclus�
<br /> other provisions for substitution.
<br /> NOTICES. Any notice required to be given unde�this Deed of Trust,including without IimitaBon any notice of default and any notice of s:- �
<br /> be given in writlng, and shall be effective when actually delivered, when actually received by telefacsimile (unless othervvise required �
<br /> when deposited with a nationally recognized overnight courier, or,ff mailed,when deposited in the United States mail, as first class,ce�
<br /> registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of for�
<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 tt
<br /> of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specit
<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 .
<br /> current address. Unless otherwise provided or required by law, if there is more than one Trustor,any notice given by Lender to any l
<br /> deemed to be nobce 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 th�
<br /> as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given i� ,
<br /> and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Mnud Reports. If the Properiy is used for purposes other than Trustor's residence,Trustor shall furnish to Lender,upon request,a j
<br /> statement of net operating income received from the Property during Trustors previous fiscal year in such form and detail as Len� U
<br /> require. "Net operating income" shall mean all cash receipls from the Property less all cash expenditures made in connection .
<br /> operation of the Property.
<br /> Caption Fletidinys. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret c .
<br /> the provisions of this Deed of Trust.
<br /> Meryer. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Prc �
<br /> any time held by or for the benefit of Lender in any capacity,without the wriHen consent of Lender.
<br /> Goveming Law. This Deed of Trust wfll be�ovemed by,construed and enforced in accordance wfth federal law and the law�
<br /> State of Nebraska. This Deed of Trost has been accepted by Lender in the Staie of Nebraska.
<br /> No Weiver by Lende�. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is n
<br /> wrfting and signed by Lender. No delay or omission on the part of Lender in exerdsing any right shall operate as a waiver of suct� r
<br /> any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right o�� a
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