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DEED OF TRUST 200302364 Page 6
<br />Loan No: 41036 (Continued)
<br />of Default and Notice of Sale as than required by law and by this Dead of Trust. Trustee shall, without demand on Truster, after
<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 far 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 dead of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />parson, including without limitation Truster, 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 asks 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 entitled to enforce payment and performance of any
<br />indebtedness ar 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, deed of
<br />trust, pledge, Ilen, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court when 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 Dead 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 Dead 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 />enfitled, 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 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 Trusts, under this
<br />Dead of Trust, after Trustors 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 atltlresses set forth in the first paragraph of this Dead 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 teal 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 shell become a pad 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />Including attorneys' fees and expanses 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. 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 pad of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall he" the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of sheep or other rights to the public; (b) lain in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Dead of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required far 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. 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 slate law, the names of the original Lender, Trustee, and
<br />Truster, the book and page (or computer system reference) where this Dead of Trust a recorded, and the name and address of the
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficianes under this Dead of Trust or their
<br />su eassors In Interest. The summer trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this Dead of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dead 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 annually delivered, when actually received by telefscalmlle (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 eopies,of notices of foreclosure
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