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DEED OF TRUST 2Qi�Q742o
<br />(Continued) Page 5
<br />(a► Upon receipt of such notice from Lender, Trustee shall cause to be recarded, published and dalivered to Trustor such
<br />Notice of Default and Notica of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of pefault 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 Nptice of Sale,
<br />either as a whole, or in separate Iots 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 fqr cash in lawful money of the United States payable at the time of sale,
<br />Trustee shall deliver to such purchaser or purchasers thereaf its gaod and sufficiant dasd or deeds conveying the property so
<br />spld, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proaf ot tha truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs pf
<br />evidence of titls in cpnnectivn with sale, 7rustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust ar 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, and (iii) the remaindar, if any, ta the person or persons legally
<br />entitlsd thereto.
<br />�c) 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 />indebtednass or obligations secured by this Deed of Trust and to exercise all rights end powers under this Deed af Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in fprce; nptwithstanding,
<br />some or all of such indebtedness and obligatians secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or atherwise, Neither the acceptance of this Deed of 7rust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contsined in this beed af 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 tham may in thair absolute discretion determine. No
<br />remedy cpnferred upon or reservad to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed pf Trust ar 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 ar 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 eithar of them may be otherwise entitled, may be exercised, concurrently or indapendantly, 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 />extant such action is permitted by law. Election 6y Lender to pursue any remedy shall not exclude pursuit af any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation pf Trustor undar this Desd ot Trust, after Trustor's failure
<br />to perform, shall not affect Lander's right to declare a default and exercise its remedies.
<br />Request for Nqtice. 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 />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 reasnnable ax attorneys' fees at trial and upon any appeal. Whether or not any
<br />court actipn is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protectian of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />an demand and shall bear interest at the Note rate from tha date af 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 npt there is a lawsuit, including attorneys' fees and expenses for bankruptcy praceedings (including efforts to modify or
<br />vacate any autamatic stay or injunction►, appeals, and any anticipated past-judgment collactian 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 />7rustee, to the extent permitted by epplicable law. Trustor also will pay any court costs, in additipn to all ather sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of #hs 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 Trustea. In addition to all powers of Trustee arising as a matter pf law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon tha written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Raal property, including the dedication of streets or other rights ta the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination pr other agreemant affecting this Deed ot Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustes under applicable law. In addition to the rights and remedies set
<br />forth a6ove, with respect to all or any part of the Property, the Trustee shall have the right to foreclpse by nptica and sale, and L.ender
<br />shall have the right to foreclose by judicial toreclosure, in either case in accordance with and to the full extent prpvided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may frpm time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged 6y Lender and recorded in tha affice of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contsin, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (pr cpmputer system reference) where this Deed of 'frust is recorded, and the name
<br />and address vf 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 conveyance of the Prpperty, shall succeed to all the title,
<br />power, and duties conferred upon the Trustes in this Dsed of Trust and by applicable law. This procedure for substitution pf Trustee
<br />ahall govern to the exclusion of all other provisions for substitutivn.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notipe pf
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, whan deposited with a nationally recognized overnight courier, or, if mailsd, whsn deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown neer the beginning pf this beed 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 Deed of Trust. Any party may changa 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 nptice purpvses, Trustor
<br />agrees to keep Lender informed at all times of Trustpr's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any natice given by Lender to any Trustor is deemed to be nvtice given to all 7rustors.
<br />MISCELLANEpUS PROVISIONS. The following miscellaneous provisions ara a part of this peed of Trust:
<br />Amendmants. This peed of 7rust, together with any Related Dpcumants, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this peed of Trust. No alteration pf or amendment ta this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or 6ound by the alteration or amendment.
<br />Annuai Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previaus fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures mada in
<br />connection with the operation of the Property.
<br />Caption Neadings. Caption headings in this Deed pf 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 no marger ot the interest or estate created by this Deed of Trust with any other intsrest or estate in the
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