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DEED OF TRUST <br />Loan No: 774320 200208990 (Continued) ., , " rage B <br />separate lots or parcels or items as Trustee shall deem expetlient, 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 tleetl of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, inclutling without limitation Truster, Trustee, or Lander, 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 all 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, (id 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 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 Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of <br />trust, pledge. lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by could 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 realize upon or enforce any other security now or hereafter held by Trustee or Lander, it being agreed that Trustee and Lender, and <br />each of them, shall be entitled to enforce this Deed 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 shell 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 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 Used of Trust shall be construed as prohibiting Lander from seeking a <br />deficiency judgment against the Truster to the Went such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to <br />spend money or to perform any of Trustors obligations under this Dead of Trust, after Trusters failure to do so, that decision by Lender will <br />not affect Lender's right to declare Truster in default and to exercise Lender's 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 Sete under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. It 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 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 pad of the Indebtedness payable on demand antl 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 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, 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 shalt 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 Lender and Truster: flat join in preparing and filing a map or plat of the Real <br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the <br />Real Property; and (c) loin 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 remedies 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 sale, and Lender will have the <br />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 state law, the names of the original Lander, Trustee, and <br />Trustor, 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 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 actually delivered, when actually received by telefacsimile (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, cedifted 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 cherry over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed <br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or <br />