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DEED OF TRUST <br />(Continuedl 2 Q i Q(� "f 4 4 2 Page S <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such nptipe frqm Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of pefault and Notice of Sale as then required by law and by this peed af 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 Default and after Notice of <br />Sale having been given as required by law, sell the Property at the time and place vf sale fixed by it in such Notice of 5ala, <br />either as a whqle, ar in separate Iots or parcels or items as Trustee shall deem expedient, and in suph qrder as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasera thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, exprass or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including withqut limitation Trustor, Trustee, ar Lender, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deduc#ing all casts, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under <br />the terms pf this Deed of Trust ar under the terms of the Note not then rspaid, including but npt limited to accruad intarest <br />and la[8 charges, (ii) all other sums then sepurad hereby, and (iii) the remainder; if any, to the person or legally <br />entitled thereto. <br />(c) Trustee may in the manner provided by law poatppne sale of all or any portion of the Property. <br />Remedies Nvt Exclusive. Trustes and Lender, and each of them, shall be entitled to enfprce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Desd af 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 qf such indebtednass and obligations secured by this Deed of Trust may now qr hareafter be atherwise secured, whether <br />by mortgage, deed of trust, pledga, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its snforcement, <br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affact Trustee's or Lender's right to realize upon or enfprca any other security now or hereafter held by Trustee or Lender, it <br />being agreed thai Trustee and Lender, and each of them, shall be entitled to entprce this Deed af Trust and any other security now or <br />hereafter held by Lender or Trustee in such ordar and manner as they or either of them may in their absolute discretion determine. No <br />ramedy conferred upon or reserved to Trustes pr Lender, is intended to be exclusive of any other remedy in this Deed of 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 ar <br />now pr 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 pr Lender or to which either of them may be otherwise entitlsd, may be exercised, concurrently or independently, trom time <br />to time and as often as may �s deemed expedient by Trustee or Lender, and either of them mey pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor ta 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 electipn to make expenditures or to take action to perform an pbligatian of Trustor under this beed of 1'rust, after Trustor's failure <br />to perform, shall not affect Lender's right to declare a default and exercise its remediss. <br />Requ�st fpr Noticg. Trustor, an behalf of Trustor and Lender, hereby requests [hat a capy of any Notice of pefault 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 Daed of 7rust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action tp enforce any pf the terms of this Deed of Trust, Lender shall be <br />entitled to recover such sum as the epurt may adjudge reasonable as attorneys' fees at trial and uppn any appeal. Whether or not any <br />cpurt action is involved, and to the extent not prphibited by law, all reasonable expenses Lender incurs that in Lender's ppinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall 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 rapaid. Expenses covered by this paragraph <br />include, without limitatipn, hpwaver subject to any limits under applicable law, Lender's attorneys' feea and Lsnder's legal expenses, <br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including effarts to modify ar <br />vacate any automatic stay ar injunctionl, appeals, and any anticipated post-judgment callection servi.ces, the cost of searching <br />racords, obtaining title reports (including foreclosure reports►, surveyors' reports, and appraisal fees, title insurance, and feea for the <br />Trustee, tp the extent permitted by applicable law. Trustor alsq will pay any court costs, in addition to all other sums provided by <br />law. <br />Rights of Trustee. Trustes shall have all ot the rights and duties of Lender as set fqrth in this sactiqn. <br />POWERS AND OBLIGATIQNS OF TRU5TEE. The following provisions relating tp tha powers and obligatians of 7rustee are part of this <br />Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a metter of law, Trustee shall hava the power to take the following <br />actions with respect to the Property upon the written request of Lender and Trustor: (a) jofn 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 easamant or creating any <br />restriction pn the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this Deed of Trust. <br />7rustee. Trustee shall meet all qualifications required for Trustee under applica6le law. In additipn ta the rights and remedies set <br />forth above, with respect to all or any part ot the Property, the Trustee shall have the right to fpraclpsa 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 />Successar Trustee. Lender, at Lender's option, may from tima to time appoint a successor Trustee to any Trustee appointed under <br />this Deed pf Trust by an instrument executed and acknpwledged by Lender and recorded in the office of the recorder of Hall Couniy, <br />5tate of Nebraska. The instrument shall contain, in addition to all pther mat#ars required by state law, the names of the original <br />Lender, 7rustee, and Trustor, the baok 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 beneficisrias wnder this Deed <br />of Trust pr 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 Trustae <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to 6e given under this Deed of Trust, including withaut limitatipn 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 ptherwise <br />required by lawl, when deposited with e nationally.racognizad avernight courier, or, if mailed, when deposited in the United States mail, as <br />first class, certified or re�istered mail postage prepaid, directed to tha eddresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the hpider of any lien which has priority over thia Daed of Trust shall be sent to Lender's address, as <br />shown near the baginning of this Deed 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, Trustar <br />agraes to keep Lender informed at all times of Trustor's current address. Unless atherwise prpvided 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 ell Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part pf this Deed of Trust: <br />Amendments. 7his 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 alteretipn of or amendment to this Deed of Trus[ shall be etfective unless <br />given in writing and signed by the perty or parties sought to be charged or 6ound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a <br />certifisd statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as <br />Lender sMall require. "Net operating income" shell mean all cash receipts from the Property less all cash expenditures made in <br />connection with the operation of the Property. <br />Caption Headings. Captipn haadings in this Deed of Trust are for convenience purposes o�l� and are not t� be used to interpret or <br />