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DEED OF TRUST <br />Loan No: 19253 (Continued) 200200479 Page 5 <br />Trustee and shell deposit with Trustee this Dead of Trust and the Nate and such recelph and evidence of expenditures made and <br />Secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shell cause to be worded, published and delivered to Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, 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 II in such Notice of Sale, either as a whole, or In <br />separate lots or parses or gams 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 dead or deeds conveying the property so sold, but without any covenant or warranty, <br />express w implied. The recitals In such dead 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, (it) all other sums then Secured hereby, and (iii) the remainder, if any, to the parson 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 emitted 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 Dead 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, dead of <br />trust, pledge, Ilan, 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 seta or Other powers contained in this Dead of Trust, shell 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 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 edsting 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 />enfitied, 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 Dead of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency judgment against the Trustor to the extant 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 Trustor under this <br />Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and am ise 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 Site 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 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 notion 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 stall become a pad of the Indebtedness payable on demand and shell beer <br />Interest at the Note refs from the date of the expenditure unlit l repaid. Expemes covered by this paragraph Include, without limitation, <br />however subject to any limits under applicable law, Lender's attorneys' fees and Lenders legal expenses, whether or not there Is a lawsuit. <br />Including attorneys' fees and Openness xpens for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), <br />appeals, and any anticipated posMjudgment collection Services, the cost of saemhing records, obtaining titre reports (including foreclosure <br />reports), surveyors' reports, and appraisal fees, title insurance, and leas for the Trustee, to the Went permitted by applicable law. Trustor <br />also will pay any court costs, in adds on 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 MID OMIGATIONS OF TRUSTEE. The following provisions resting 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 have the power to take the following actions <br />with respect to the Property upon the written request of Lender and Trustor: (a)IOIn In preparing and filing a map or plat of the Real <br />Property, including the dedication of 51Mts or other rights to the public; (b) join In granting any easement Or creating any restriction on the <br />Rest Property; and (c) join in any subordination or other agreement affecting this Dead 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 remedles 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 sate, 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 taw. <br />Successor Trustee. Lender, at Lenders 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 Hell County, State of <br />Nebraska. The instrument shall contain, In addition to all other matters required by stale law, the names of the original Lender, Trustee, and <br />Trustor, the bock and page (or computer system reference) where this Dead of Trust h 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 Dead of Trust or their <br />successors In Interest. The successor trustee, without conveyance of the Property, shall succeed to ail the file, power, and duties conferred <br />upon the Trustee In this Dead of Trust and by applicable low. 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 Deed of Trust, including without limitation any notice of default and any notice of sale shall <br />be given in writing, and shell be effective when actually delivered, when actually received by teiefacsimile (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, codified 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. Any 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 nonce purposes, Trustor agrees to keep Lender informed at all times of Trustor's <br />current address. Unless otherwise provided w required by law, If there is more than one Trustor, any notica given by Lender to any Trustor Is <br />deemed to be notice given to all Trustom. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead 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 Dead of Trust. No alteration of or amendment to this Dead of Trust shall be effective unless given In writing <br />and signed by the party or parties sought to be changed 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 codified <br />statement of net operating income received from the Property during Trustors previous fiscal year to such form and detail as Lender shall <br />require. "Net operating Income" shall mean all cash mcalpts from the Property less all cash "penthouse made to 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 capacity, without the written consent of Lender. <br />Governing Lew. This Deed of Trust will W governed by, construed and enforced In accordance with federal law and the laws of the <br />