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DEED OF TRUST 200209611
<br />Loan No: 1581776 (Continued) Page 5
<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 Axed by it in such Notice of Sale, esthw as a whole, or in
<br />separate lots or parcels or items as Trustee shall doom 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 or Implied. The recitals in Such used of any matters or facts shell be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Truster, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, seer 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 (1) all sums upended under the
<br />terms of this Dead Of Trust or under the terms of the Nate nor then repaid, including but not limited to accrued interval and late
<br />charges, (it) 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 Used 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 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 Dead of Trust nor its enforcement, weather by court achon or
<br />pursuant to the power of sate or other powers contained in this Deed of Trust, stall prejudice or in any manner affect Trustee's or Lender's
<br />right to reallm upon Or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and
<br />each 01 them, shall be Shelled 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 Deed of Trust or by law proOded 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 SUM.. 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 Deed of Trust shall be construed as prohibifing Lender from seeking e
<br />deficiency judgment against the Trustor 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 Trustor under this
<br />Deed of Trust, after Truslor's failure to perform, shall not affect Lenders right to declare a default and exercise 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 Sale under this Dead of Trust be mailed to them at the addresses set forth in the Post 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, Lentler shall be entitled
<br />to recover such sum as the court may adjudge reasonable as atorneys'tams at trial and upon any appeal. Whether or not any court action is
<br />involved, and l0 the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders 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 shell bear
<br />interest at the Note rate from the date of the expenditure until repairs. 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 far 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 repass (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and [sea for the Trustee, t0 the extent permitted by applicable law. Trustor
<br />also will pay any court crisis, 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 flat 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 have the power to take the following actions
<br />with respect to the Properly upon the written request of Lender and Trustor: (a) join In preparing and filing a map or plan 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 restricfion 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 shell meet all qualifications requiretl for Trust" under applicable law. In addition to the rights and remedies set forth
<br />shove, with respect to all or any part 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, an Lender's option, may from lime to lime appoint a successor Trustee to any Trustee appointed under this
<br />Dead 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 shall contain, in Addition to all other matters required by stare law, the names of the original Lender, Trustee
<br />Trustor, the book and page (or computer system reference) where this Dead 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 me title, power, and duties conferred
<br />upon the Trustee in this Dead of Trust and by applicable law. This procedure for substitution of Trustee shell 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 telefacsimile (unless otherwise required by few),
<br />when deposited with a nationally recognized Overnight courier, or, if mailed, when deposited in the United Slates 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 copies of notices of foreclosure
<br />from the holder of any Fen which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of this Dead
<br />of Trust. Any party rtay 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 notice purposes, Trustor agrees to keep Lender informed at all times of Truster's
<br />current address. Unless otherwise provided or required by law. If there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Dead 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 Deed of Trust. No alteration Of or amendment to this Deed of Trust shall be effective unless given In writing
<br />and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Truster's residence, Truster shall furnish to Lender, upon request, a padded
<br />statement Of net operating income received from the Property during Truslor's previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in 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 Dead 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 wdgen consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender in the Slate of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Dead of Trust shall be joint and severel, and all references to
<br />Trustor shall mean each and every Trustor, and all references 10 Borrower shell mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below is reSponsible for all obligations in this Dead of Trust.
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