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200214521 <br />DEED OF TRUST <br />Loan No: 776147 1 - (Continued) Page 7 <br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either as a Whole, or n separate lots or parcels or items as Trustee shall deem expedient, and in ouch order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient tleetl or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such tleetl of any matters or facts shall be <br />e proof of the truthfulness thereof. Any person, including without limitation Truster, Trustee, or Lender, may <br />purchase at cuch sale_ <br />db) 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, Trustas shall apply the proceeds of sale to payment of (if all sums expended under <br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued Interest <br />and late charges, (ii) all other sums then secured hereby, and but the remainder, it any, to the person or persons legally <br />entitled thereto. <br />of 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 <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some <br />or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed l pi [rust, pledge, lien, he po power or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or other powers contained In this Deed of Trust, shell Trustee for a in any <br />manner agreed Trustee's or Lender's right to realize upon or enforce any other security now or hereafter hob y Trustee or Lender, it <br />being r hot [bat Trustee and Lentler, and each of them, shall be entitled M enforce this Deed of Trust and any other security new or <br />r hereafter edy held re Lender or Trustee t Trustee order and manner to they or either of them may in o her absolute tlihis De n determine_ No <br />remedy conferred upon or reserved to Trustee or Lender, n intended be [o ad exclusive every other remedy in this Deed of Trust or by <br />law or here to permitted, but each shall be cumulative and shall be in addition to every other remedy given In this Dead of Trust or <br />w or hereafter existing at law or In equity or by statute. Every Anwar or remedy given by the ncur or any of the Related Documents <br />to Trustee or Lender or s which either of them may bey Trustee lee entitled, may be exercised, concurrently pursue or a inconsistent from time <br />to time and i as often f may be deemed con expedient o Trustee or Lender, and either them may pursue Inst the The terto the <br />Nothing In this Deed of Trust shall be . Election as prohibiting Lender from seeking a l nodeficiency judgment against the Truster to the <br />extent such action Is permitted by law. take action by Lander m pursue any remedy shall de exclude pursuit of any ether remedy, and <br />on election to make expenditures or to take action to perform an obligation of Truster under this Deed of Trust, after Trusmr's failure <br />to perform, shall not affect Lender's right to declare a default and exercise its remetlies. <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 <br />Notice of Sale 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 <br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />art action is Involved, and to the extent not probibited by law, all reasonable expenses Lender incurs that in Lender's opinion are <br />am of any lima for lino protection of its interest m she enforcement of its ogres shall become a part of the covered this Indebtedness payable <br />include, without and shall bear interest at the Note race from the date of ica le expenditure <br />Len until horrepaid. Expenses Len etl by this paragraph the <br />het or out limitation, however subject at any limits under applicable law, Lender's attorneys' foes and Lender's legal expanses, <br />whether o not there is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or <br />rebate any automatic stay or miunolionf appeals, and any sureors anticipated reset", p collection services, lino cost of searching <br />or he <br />records, to thobtaining e title reports d by ding foreclosure Truster, also will r any c, antl appraisal fees, title to Tall other s and presde! the <br />Trustee, to the extent permitted by applicable law. Truster also will pay any court costs, in addition to all other sums provided by <br />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 part of this <br />Deed of 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 <br />actions with respect to the Property upon the written request of Lender and Truclorr tar join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other rights to the public; Ib) join in granting any easement or creating any <br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth 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 <br />shall have the right to foreclose by j hd,n,al foreclosure, in either case In accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County. <br />State of Nabraeka. This Instrument shall contain, In addition to all other matters required by state law, the names of the original <br />Lander, Trustee, and Truster, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed <br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, <br />power, and duties conferred upon the Trustee In thin Deed of Trust and by applicable law. This procedure fur substitution of Trustee <br />shall govern to the exclusion of all 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 <br />