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<br />s DEED OF TRUST ',~ Q 10 ~ 2 $'~ 3
<br />Loan Na: 731643 ~ (Continued) Page 5
<br />conclusive proof ~ of • the •.truthfulness thereof. Any person, including without limitation' Trustor, Trttstae, ar Lerider, may
<br />purchase at such sale. ~ ,~^
<br />y g. p see of. Trustee end of this Trust, including costs of
<br />(b) As may be permitted b law, after deductin all, costs., fees and ex en
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of li- 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, lii- all other sums then secured hereby, and (fii- the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />Icl 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 or alt of such indebtedness and obligations secured by this Desd of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, dyed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether 6y court action or pursuant to the power of sale or other powers contained in this Dead 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, 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 as they or either of them may in their absolute discretipn determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any 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 the Related 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 may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against 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 election tv make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Truster's failure
<br />to perform, shall not affect Lender's 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
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Dasd of Trust..
<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 reasonable. as attorneys' fees at trial and upon any appeal.' Whether of hot any
<br />court action is involved, and to the extent not prohibited by ,law, all reasonable expenses Lander incurs' that in Lender.'s,opinion are
<br />• necessary at any time for the protection of its interest or the enforcement pf its rights shall ,becgme apart of the. Indebtedness payable
<br />on demand and shall bear irterest 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' fens and Lender's legal expenses,
<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 injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure rvportsl, 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 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, firustee shall fia4e 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 (cl 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 judicial 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 Dsad of Trust by an instrument executed and acknowledged by Lender and recorded in the office pf the recorder of Hall County,
<br />State of Nebraska. The instrument shall contaih, in addition to all other matters required by•state law, the homes of"the original
<br />Lender, Trustee, and Trustor, the book and pegs (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 adknowledged by all the berieficiaries 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 this Deed of Trust and by applicable law. This procedure for 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 />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by lawl, 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 heed of Trust. Any party may change its address for notices under this heed 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 thaw is more
<br />than ono Trustor, any notice given by Lender to any Trustor is dv.emed to be notice given to all Trustors.
<br />ADDITIONAL PROVISION. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND TH
<br />E SECURITY INTEREST IN THE
<br />RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF THE INDEBTEDNESS; IB- PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS UNDER THE NOTE, THE RELATEp DOCUMENTS, AND THIS DEED OF TRUST; AND ICI TWE PERMANENT FINANCING FOR
<br />THE IMPROVEMENTS TO THE REAL PROPERTY TO BE EVIpENCED BY A TERM NOTE DULY EXECUTED BY TRUSTOR AND ANY
<br />COMAKERS OF THE NOTE, WHICH PERMANENT FINANCING SHALL BE A REFINACING OF THE NOTE.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire 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 />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lander, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such farm and detail as
<br />Lander shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection .with the operation of the Property. ' ..
<br />Caption Headings: Caption headings in this Deed of Trust are for convenience purposes orlly and are not to b~ used to interpret ar
<br />define the provisions of this Dead of Trust.
<br />.Merger. There shall be no merger of the interest or estate created by this Dead of Trust 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 Doed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
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