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<br />Loan No: 807629
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200809324
<br />
<br />Page 5
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<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<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 in separate lots or percels or items as Trustee shall deem expedient, and in such 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 purchaller or purchasers thereof its good end sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, exprellS or implied. The recitals In 5uch deed of any matters or fectll shall be
<br />conclusive proof of the truthfulness thereof. Any person, Including without limitation Trustor, Trustee, or lender, may
<br />purchase at such sale.
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<br />(bl 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 epply the proceeds of aale to payment of (i) 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, end (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
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<br />(c) Trustee mey in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and lender, and each of them, shell be entitled to enforce payment and performance of any
<br />indebtedness or obligetlons llecured by this Deed of Trust end 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 eny lews now or hereafter in force; notwithstending,
<br />some or ell of such indebtedness and obligetions secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the ecceptence of this Deed of Truat nor Its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or lender's right to realize upon or enforce any other security now or hereafter held by Trustee or lender, It
<br />being egreed that Trustee and lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by lender or Trustee in such order and manner 8S they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be excluaive of eny other remedy In this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shell be In addition to every other remedy given In this Deed of Trust or
<br />now or hereafter existing 8t law or in equity or by statute. Every power or remedy given by the Note or any of the Rel8ted Documents
<br />to Trustee or lender or to which either of them may be otherwise entitled, may be exercised, concurrently or Independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them m8Y pursue Inconsistent remedies.
<br />Nothing in this Deed of Trust shall be constrUl"d 8S prohibiting lender from seeking a deficiency judgment again8t the Trustor to the
<br />extent such action is permitted by law.
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<br />Election of Remedies. All of lender's rights and remedies will be cumuletlve and mey be exercised alone or together. If lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, efter Trustor's failure to do so, thst
<br />decision by lender will not affect lender's right to declare Trustor in default end to exercise lender's remedies.
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<br />Request for Notice. Trustor, on behalf of Trustor end lender, hereby requests that e copy of any Notice of Default and a copy of eny
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragrsph of this Deed of Trust.
<br />
<br />Attorneys' Feee; Expenses. If lender institutes any suit or ection to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover 5uch sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in lender's opinion are
<br />necessary ot 8ny time for the protection of. its interest or the enforcement of its rights shull become a purt of the Indebtedness payable
<br />on demand and shall bear interest at the Note rete from the date of the expenditure until repaid. Expenses covered by thill puragraph
<br />include, without limitation, however subject to any limits under applicable law, lender's attorneys' fees and lender's legel expenlles,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings {Including efforts to modify or
<br />vacate any automatic stay or injunction). appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obteining title reports (including foreclosure reports), surveyors' reports, and eppraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by appliceble law. Trustor also will pay any court costs, in addition to 011 other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of lender as set forth in this section.
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<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:
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<br />Powers of Trustee. In addition to all powers of Trustee arising as a metter of law, Truatee shall heve the power to take the following
<br />actions with respect to the Property upon the written request of lender and Trustor: (a) 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; (b) 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.
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<br />Trustee. Trustee sh81l meet all qualification, required for Trustee under applicable lew. 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 />will have the right to foreclose by judicial foreclosure. in either case in accordance with and to the full extent provided by applicable
<br />law.
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<br />SuccellSor Trustee. lender, at lender's option, may from time to time appoint a succesaor Trustee to any Trustee appointed under
<br />this Deed of Trust by en Instrument executed and acknowledged by lender and recorded in the office of the recorder of HAll County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law. the namea of the original
<br />Lender, Trustee, end Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />end 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 intereat. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, end duties conferred upon the Trustee In this Deed of Trust end by applicable law. Thill procedure for substitution of Trustee
<br />sh51l govern to the exclusion of all other provisions for substitution.
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<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 />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimlle (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to lender's address, as
<br />shown neer the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpOse of the notice Is to change the person's address. For
<br />notice purposes, Trustor agrees to keep lender informed at all times of Truator's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions Bre a part of this Deed of Trust:
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<br />Amendments. What is written in this Deed of Trust and In the Related Documents is Trustor's entire agreement with lender
<br />concerning the matters covered by this Deed of Trust. To be effective, eny change or amendment to this Deed of Trust must be In
<br />writing and must ba signed by whoever will be bound or obligated by the change or emendment.
<br />
<br />Caption Heading.. Caption headings in this Deed of Trust are for convenience purposes only end are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
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<br />Merger. There shall be no merger of the Intereat or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in eny capacity, without the written consent of lender.
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<br />Governing law. This Deed of Trust will be governed by federullaw applicable to Lender and, to the utent not preempted by federal
<br />law, the laws of the State of Nebrallka without regard to It. conflicts of law provisions. This Dead of Trust hilS baan accepted by
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