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Loan No: $0$29$
<br />D~(Cor~inued-ST 2 ~ 10 0 6 4 4 9 ~a~~ ~
<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 implied. The recitals in such deed of any matters nr facts 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 />(61 As may be permitted 6y law, after deducting all casts, tees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in ronncction with sale, Trustee shall apply fhe proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Dced of Trust or under the rerrns 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 (iii) 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 Proferty.
<br />Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and perfnrmanr.e of any
<br />indebtedness or obligations secured by this Deed of 1-rust and to exercise all rights and powers unrier tftis peed 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 all of such indebtedness and obligations secured by this Deod of Trust may now or hereafter be otharwisa secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Peed of Trust nor its enforcement,
<br />whether by court action ar 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 ar Lender's right la realize upon or enforce any other security now nr hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this peed of "Trust and any other security now or
<br />hereafter held 6y Lendar or Trustee in such order and manner as they or either of them tray in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to he exclusive of any other remedy in this Deed of l'rusr or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other ramedy given in this Dead of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Nate or any of the Related Documents
<br />to Trustee or Lendar or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, tram 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 prohibitirty Lender from sacking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exorcised alone or together, If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare l'rustar in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, nn behalf of Trustor and Lender, hereby requests that a ropy of any Notice of Default and a copy of any
<br />Notice of Sale under this Dced of Trust be mailed to them at the addresses set forth in the first parayraph of this Deed 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' fear et trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent rtot prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the proter.,tion of its interest or the enforcement of its rights shall become a part of the IndebtecJness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this parayraph
<br />include, without limitation, however subject to any limits under applicable law, lender's attorneys' fees and Lender's legal ex{tertses,
<br />whether ar not there is a lawsuit, including attorneys' fees and expenses far bankruptcy proceedings (including efforts to modify ar
<br />vacate any automatic stay or injunction-, appeals, and any anticipated postjudgment 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 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 rotating 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 Trustea 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 Trustor. lal 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 nn the f?cal Property; and (c) join in any subordination or other agreement. affecting this Deed of `Trust or the interesti of
<br />Lendar under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required far Trustea undar applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part o- the Property, the Trustee shall have the right to foreclose by notice and sale, and Lander
<br />will havo the right to foreclose by judicial foreclosure, in wither 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 Daed of Trust by an instrument executed and acknowledged by Lender and rerordcd in the office of tfte recorder of HALL County,
<br />State of Nebraska. The instrument shall captain, in addition to all other matters required by state law, the names of the original
<br />lender, 1 rustee, and Trustor, the book and page (or computer system reference) where this heed of Trust is recorded, and the Warne
<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 sucr..essor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Dced of 7Yust and by applicable law. This procedure for sribstitution 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 telefacsirnile (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 L.ertder's address, as
<br />shown Hoar 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 parson 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 Trustor'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 Trusters. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscollanenus provisions era a part of this Dead of Trust:
<br />Amendments. What is written in this Daed of Trust and in the Related Documents is Trustor's entire agreement with Lendar
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change nr amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be nn merger of the interest or estate created by this Deed of Trust with any other interest ar estate in the
<br />Property at any time held by or for the benefit of Lender in any rapacity, without the written ronscnt of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extant not preempted by federal
<br />law, the laws at the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender kn the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
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