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DEED OF TRUST <br />Loan No: 776244 200300069 (Continued), t,3s,; �,, „, Page <br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the time and place of sale fixed by It In such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the <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 tleetl 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 Truster, Trustee, or Lender, may purchase at such sale. <br />Tb) 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 expanded under the <br />terms of this Dead 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 than securetl hereby, and (iii) the remainder, it 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 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 Dead of Trust may now or hereafter be otherwise secured, whether by mortgage, tleetl of <br />trust, pledge, lien, assignment or otherwise. 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 mailed 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 enfoce this Deed of Trust and any other security now or hereafter held by Lander 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 />Lander, 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 Dead 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 lime to time and as often as may be deemed expedient by Trustee or Lander, <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 Truster to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not <br />exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Truster under this <br />Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice <br />of Sale under this Dead 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 insfitutes any suit or action to enforce any of the terms of this Deed of Trust, Lander shall be entitletl <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 unfit repaid. Expenses covered by this paragraph include, without limitation, <br />however subject to any 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 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, tithe insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster <br />also will pay any court costs, in addition to all other sums 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 part of this Dead of <br />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 the following actions <br />with respect to the Property upon the written request of Lander and Truster: (a) join to preparing and filing a map or plat of the Real <br />Property, including the dedlcafion of streets or other rights to the public; (bl join in granting any easement or creating any restriction on the <br />Real Property; and (a) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lander under this Dead 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 pad 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. Lander, 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 Lander and recortled 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 />Trustee 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 all 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 subshtutlon of Trustee shall govern 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 telafacsimile (unless otherwise required by law), <br />when deposited with a nationally recognized overnight courier, or, if mailed when deposited in the United States mall, 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 Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed <br />