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<br />Loan No: 8~09687 <br /> <br />DEED OF TRUST 200 8 0 936 0 <br />(Continued) <br /> <br />Paga 6 <br /> <br />Id) With respect to all or any part of the Personal Property, Lender shell heve ell the rights end remedies of e secured party <br />under the Nebraska Uniform Commercial Code. <br /> <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein conteined, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures mede and <br />secured by this Deed of Trust as Trustee may require. <br /> <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of Default end Notice of Sele es then required by law and by this Deed of Trust. Trustee sh.lI, without demand on <br />Trustor, .fter such time es may then be required by lew end elter recordation of such Notice of Default and after Notice of <br />Sale having been given es required by law, sell the Property at the time and placa of sale fixed by it in such Notice of Sale, <br />either as a whole, or In separate lots or parcels 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 peyable at the time of sale. <br />Trustee shall deliver to such purchaser or purChasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or impried. The recitals in such deed of any metters or fects shall be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br /> <br />Ib) As may be permitted by law, elter deducting ell costs, fees and expenses of Trustee and of this Trust. including costs of <br />evidence of title in connection with sere, Trustee shall apply the proceeds of sale to payment of Ii) 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 chargesl Oi) all other sums then secured hereby., end Wi) the remainder, if any, to the person or persons legally <br />entitled thereto. <br /> <br />Ic) Trustee may in the manner provided by law postpone sele of all or any portion of the Property. <br /> <br />Aemedles Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce peyment and perform.nce 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 ~ny of th~ Related Documents. or under any other agreemei"Jt or any laws now or her9after in fO!'09; notwitl'SH.lI"lding, <br />some or all of such indebtedness end obligetions secured by this Deed of Trust mey now or hereefter be otherwise secured, whether <br />by mortgege, deed of trust, pledge, lien, assignment or otherwise. Neither the ecceptence of this Deed of Trust nor Its enforcement, <br />whether by court action or pursuant to the power of sele or other powers cont.ined in this Deed of Trust, shell prejudice or in eny <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or here alter held by Trustee or Lender, it <br />being agreed 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 end menner es 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 exclusive of eny other remedy in this Deed of Trust or by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or <br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of tha Rel.ted Documents <br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exarcised, concurrently or independently, from time <br />to time end as olten as may be deemed expediMt by Trustee or Lender, and either of them may pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall ba construed .s prohibiting Lender from seeking a deficiency judgment ag.inst the Trustor to the <br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and <br />an erection to make expenditures or to take ection to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure <br />to perform, shall not affect Lender's right to declare a defeult and exercise its remedies. <br /> <br />Aequest for Notice. Trustor, on behalf of Trustor 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 /> <br />Attorneys' Fees; Expenses. If 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 re.sonable es ettorneys' fees at trial and upon any appeal. Whether or not any <br />court action is involved, and to the oxtent not prohibited by law, all reasonable expenses Lender incurs that in Lenderls opinion me <br />necessary at any time for the protection of its interest or the enforcement of Its rights shell become a part of the Indebtedness payable <br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there is e lawsuit, including attorneys' fees and expenses for bankruptcy proceedings lincluding 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, obtaining title reports (inclUding foreclosure reports), surveyors' reports, and appraisal fees, title insurance. and fees for the <br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in eddition to all othar sums provided by <br />law. <br /> <br />Alghls of Trustee. Trustee shall heve all of the rights and duties of Lender as set forth in this section. <br /> <br />POWEAS AND OBLIGATIONS OF TAUSTEE. The following provisions rerating to tha powers and obligations of Trustee are part of this <br />Deed of Trust: <br /> <br />Powers of Trustee. In eddition to all powers of Trustee .rising as e matter of lew, Trustee shell have 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 Aeal Property, including the dedication of streats or other rights to the public; Ib) join in granting eny aasement or creating any <br />restriction on the Real Property; and lcl join in any subordination or other agreement effecting this Daad of Trust or the Interest of <br />Lender under this Deed of Trust. <br /> <br />Trustee. Trustee shall meet all qualifiC8lions required for Trustee under applicable law. In addition tu the rights and remedies set <br />forth above, with respect to all or any pert of tha Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />shall have the right to foreclose by judicial foreclosure, in either Case in accordance with and to the full extent provided by applicable <br />law. <br /> <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 recordad in the office of the recorder of Hall County, <br />Stete of Nebreske. The instrumant shall contain, in addition to .11 other matters required by state lew, the names of the original <br />Lender, Trustee, end Trustor, tha book and page lor 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 conveyanca of the Property, shall succeed to all the title, <br />power, and dutiBs conferred upon tha Trustee in this Deed of Trust end by applicable law. This procedure for substitution of Trustae <br />shall govern to the exclusion of all other provisions for substitution. <br /> <br />NOTICES. Any notice raquired 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 telefacsimile lunless 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 near the beginning of this Daed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal <br />written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes, Trustor <br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more <br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all TrustofS. <br /> <br />MISCELLANEOUS PAOVISIONS. The following miscellaneous provisions are a part of this Daed of Trust: <br /> <br />Amendment.. This Deed of Trust, together with any Related Documents, constitutes the entira understanding and agreement of the <br />parties 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 <br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br /> <br />Annuel Aeports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon raquest, a <br />certified statement of net operating Income received from the Property during Trustor's previous fiscal year in such form and detail as <br />