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<br />Loan No: 809638
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<br />DEED OF TRUST
<br />(Continued)
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<br />200900177
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<br />Page 5
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<br />Sale having been given as required by law, .ell the Property at the time and place of aale fixed by it in .uch Notice of Sale,
<br />either a. a whole. or in separate lots or parcels or Items as Trustee .hall deem expedient. and In such order as it may
<br />determine, at public auction to the higheat bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purcha.er or purchasers thereof its good and sufficient deed or deed. conveying the property so
<br />sold. but without any covenam or warranty. express or implied. The recitals in such deed of any matters or facts shall be
<br />conclu.ive 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 />Ibl As may be permitted by law. after deducting all costs, fees end expen.e. of Tru.tee and of this Trust, Including costs of
<br />evidence of title in connection with sale, Tru.tee .hall apply the proceeds of sale to payment of (i) all .um. expended under
<br />the terms of this Deed of Trust or under the term. of the Note not then repaid. including but not limited to accrued imere.t
<br />and late charge.. Iii) all other sums then secured hereby, and (Iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclullve. Tru.tee and lender, Ind each of them, shall be entitled to enforce plyment Ind performance of any
<br />indebtedness or obligations secured by this Deed of Tru.t Ind to exercise all rights and powers under this Deed of Trust, under the
<br />Note. under any of the Related Document.. Or under any other agreement or any laws now or hereafter in force: notwithstanding,
<br />some or all of such indebtedne.. and obligations 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 acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other power. 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 agreed that Trustee and lender. and each of them, .hall be entitled to enforce this Deed of Truat and any other .ecurity now or
<br />hereafter held by lender or Trustee in such order and manner as 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 exclu.ive of any other remedy In this Deed of Tru.t or by
<br />law provided or permitted. but each shsll be cumulative and shall be in addition to every other remedy given in this Deed of Tru.t Or
<br />now or hereafter axiating at law or In equity or by statute. Every power or remedy given by the Note or any of the Releted Document.
<br />to Trustee or lendar Or to which either of them may'be otherwise entitled, -n11!IY be exerci.ed. concorrently or Indel>endently, from time
<br />to time and as often as may be deemed expedient by Trustee or lender, and either of them may pursue Inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting lender from .eeking a deficiency judgment against the Tru.tor to the
<br />extent .uch action is permitted by law. Election by lender to pur.ue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Tru.t. after Trustor's failure
<br />to perform, shall not affect lender'. right to declare a default and exercise Its remedies.
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<br />Request for NoUce. 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 fir.t paragraph of this Deed of Trust.
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<br />Attorneys' Fees: Expenees. If lender institutes any .uit or action to enforce any of the terms of this Deed of Tru.t, lender shall be
<br />entitled to recover such sum as the court may adjudge re..onable as attorneys' fees at triel 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 incur. that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtednes. payable
<br />on demend 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 a lawsuit, including attorney.' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic .tay or injunction), appeals, and any anticipated po.t-judgment collection services, the cost of searching
<br />records, obtaining title report. (including foreclosure reports), surveyors' report., and apprai.al fees. title insurance. and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs. in addition to all other sums provided by
<br />law.
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<br />R1ghte of Trultee. Tru.tee .hall have all of the rights and duties of lender as set forth in this .ection,
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligation. of Tru.tee are part of this
<br />Deed of Tru.t:
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<br />Powers of Trustae. In addition to all powers of Trustee ari.ing 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 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 graming any easement or creating any
<br />restriction on the Real Property; and Ic) Join in any subordination or other agreement affecting this Deed of Trust or the intere.t of
<br />lender under this Daed of Trust,
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<br />Trultee. Trustee .hall meet .11 qualifications required for Trustee under applicable law, In addition to the rights and remedies sat
<br />forth above, with re.pect to all or any part of the Property, the Trustee .hall h.ve the right to foreclose by notice and sale, and lender
<br />.hall have the right to foreclose by Judicial foreclosure, in either ca.e in .ccordance with and to the full extem provided by .pplicable
<br />law.
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<br />Succelsor Trultae. lender. at lender's option, may from time to time .ppoint a successor Trustee to any Tru.tee .ppointed 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 instrumem .hall comein, in addition to all other matters required by .tate I.w, the names of the original
<br />lender, Tru.tee, and Trustor, the book end p.ge (or computer .y.tem reference) where this Deed of Trust is recorded, and the name
<br />and addre.. of the successor trustee, and the instrument .hall be executed and acknowledged by ell the beneficiaries under this Deed
<br />of Trust or their successors in interest. The .ucce..or trustee. without conveyence of the Property, .hall .ucceed to all the title,
<br />power. and duties conferred upon the Trustee in this Deed of Trust and by applicable lew. This procedure for .ubstitution of Trustee
<br />shall 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 shell be given in writing. .nd shall be effective when actually delivered, when .ctually received by telefscsimile (unless otherwi.e
<br />required by lawl, when depo.ited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail. a.
<br />fir.t cl.... certified or registered mall 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 0.1 .ny lien which has priority over this Deed of Tru.t .hall be .ent to Lender's address, as
<br />shown near the beginning of this Deed of Trust, Any party may chenge its eddress for notice. under this Deed of Trust by giving formal
<br />written notice to the other partie., .pecifying that the purpose of the notice is to change the p.rty's address. For notice purposes, Trustor
<br />agree. to keep Lender Informed et all times of Tru.tor'. current address, Unless otherwise provided or required by law. if there is more
<br />than one Truator. any notice given by lender to any Tru.tor i. deemed to be notice given to all Trustors.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provi.ion. are. p.rt of this Deed of Trust:
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<br />Amendmente. This Deed of Trust. together with any Related Documem.. con.titutes the entire understanding and agreement of the
<br />partie. a. to the matters set forth In this Deed of Trust. No alteration of or .mendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the perty or partie. .ought to be charged or bound by the elteretion or amendment,
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<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor .hall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and deteil as
<br />lender shell require. "Net operating income" Shall mean ell cash receipts from the Property les. all cash expenditures made in
<br />connection with the operation of the Property,
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<br />CepUon Heedlngl. Caption headings in this Deed of Trust ere for convenience purposes only and are not to be used to interpret or
<br />define the proviSions of this Deed of Tru.t,
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<br />Merger. There shell be no merger of the intere.t or estate created by this Deed of Tru.t with any other interest or estate In the
<br />Property at any time held by or for the benefit of lender in any capacity, without the written consent of lender.
<br /> Governing Law. This Oeed of Trult will be governed by federal lew appllcebla to lender end. to the e"tent not preempted by federal
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