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DEED OF TRUST <br />Loan No: 774264 ,. X200207232 (continued) Pages <br />such lime may then be required by law and after recordation of such Nonce 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 Ni 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 II may determine, at public auction to the <br />highest bidder for cash In lawful money of the United Slates 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 warrenry, <br />express or Implied The recitals In such deed of any matters or facts shall be concluded proof of the truthfulness thereof. Any <br />person, Including without limitation Trader, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all casts, lees and expenses of Trustee and of this Trust, Including costs of <br />evidence of line in connection with sale, Trustee shall apply the proceeds of sale to payment of (I) all sums expanded under the <br />terms of this Deed of Trust or under the terms of the Note not men repaid, including but not Deed to accrued Interest and late <br />charges (II) all other sums then secured hereby and (in) the remainder, if any, to the person or seems legally entitled thereto <br />- <br />(c) Trustee may In the manner provided by law postpone Sale of all or any portion of the Properly. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be Antilles to enforce payment and performance of any <br />indebtedness or obligations secured by this Used 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, nocinlhslandin0, some or all of <br />such Indebtedness and obligations secured by this Dwtl of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of <br />Lust, pledge, lien, assignment or otherwise. Narthex the acceptance of this Deed of Trust nor its enbmement whether by court action or <br />pursuant In the power of sale or other powers contained In ITS Deed of Trust, shall prejudice or In any manner affect Trustee's or Lender's <br />right to Stands upon or enforce any other security now or hereafter held by Trustee or Lander, it being agreed that Trustee and Lentler, and <br />each of them, shall be entitled to enforce this Deed of Trust and any other securlry 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 mandaa to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each Shall be cumulated <br />antl snail 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 />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 prohblling Lender from Seeking a <br />cancer 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 electron to make expenditures or to take action to perform an obligation of Truser under this <br />Dead of Trust, after Locations failure to perform, shall not affect Lender's right to depend a default and exercise its remedies. <br />Request br 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 Deed of Trust be mailed to them at the addresses set forth in Nd first paragraph of this Deed of Trust. <br />mutua ys' Fees; Expenses. If Lender InsfiWtes any suit or action to enforce any of the terms of this Deed OI Trust, Lender shall be emitted <br />to recover such sum as the court may adjudge reasonable as attorneys fees at final 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 projection of its Interest or the enforcement of its rights Shen become a part of the Indebtedness payable on demand and shall bear <br />Interest at the Note rele 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 />eluding attorneys' fees and expenses for bankruptcy proceedings ( including efforts to modify or vooate any automatic slay or Injunction), <br />appeelR and any anticipated post — judgment collection services, the cost Of searching records, obtaining tire reports (including foreclosure <br />reports), surveyors' reports, and appraisal lees title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Tru9W <br />also will pay any court costs, In addition to an other sums provided by Ian. <br />Rights of Trustee. Trustee shall have all of the oldfid and duties of Lender as set forth In this sector. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this COST of <br />Trust. <br />Powers of Trustee. In Sel lion 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 Trusloc (a) join In preparing and fling a map or plat of the Real <br />Property, Including the dedication of streets or other rights to the pub,lo, (d) join In granting any easement or creating any resNchon on the <br />Real Property : and (e) join m any subordination or Other agreement affecting this Deed of Trust or the Interest of Lender under this Used of <br />Trust. <br />Trustee- Truslee 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 Pmpehy, the Trustee Shall have the right to foredese by notice and sale, and Lender Shall have <br />the right to foreclose by judicial foreclosure, in either case in accordance wlm and to rho 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 />Used of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of Hall County, Slate of <br />Nebraska. The Instrument shell contain, In addition to all other matters required by stale law, the names Of the original Lender, Trustee, and <br />Truster, the book and page (or computer system reference) where this Dead of Trust is recorded, and the name and address of the <br />access <br />or trustee, and the Instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their <br />n 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 sutodi ution of Trustee shell govern to the exclusion of all <br />other provisions for Substitution <br />NOTICES. Any nonce required to be given under this Dead of Toter Including without limitation any nonce of default and any notice of sale shall <br />be given In writing, and shall be effective when actually delivered , when adua,ry received by Ie,efaconfle (unless Otherwise required by few), <br />when depo5ted with a nationally recognized overnight eoudet or, If males, when deposhed In the United Steles mall, as first class, codified or <br />registered mall postage prepaid directed to the addresses shown near the beginning of this Deed of Trust. All copies of canoes 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 />