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�' Loan No: 8094$7 DEED QF TRUST 2 U 1 Q 0 7 718
<br />(COntinued) Page 5
<br />Trustee and shall deposit with Trustee this Deed of Trust and the No#e and such receipts and evidsnce of expenditures made and
<br />secured by this peed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivared to Trustnr such
<br />Notice ot Default and Nptice of $ale as then raquired by law and 6y this Deed of Trust. Trustee shall, without demand an
<br />Trustvr, after such time as may than 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 plece of sale fixed by it in such Notice of 5ale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest 6idder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds cvnveying 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 />epnclusive proof of the 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 of
<br />evidence of title in connection with sale, Trustae shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this beed of 'Trust or under #he terms of the Note not then repaid, including but not limited to accrued intarest
<br />and late charges, (ii) all othar sums then secured hsreby, and (iii) the remainder, if any, tv the person or persons legally
<br />entitled thereto. - -
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness nr obligations secured by this Deed of Trust and tn exercise all rights and pvwers under this beed of 7rust, under the
<br />Note, under any of the Related bocuments, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indsbtedness 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 enfnrcement,
<br />whather by court action or pursuant to the power of sale or other powers contained in this beed 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 />hsreafter held by Lender or Truxtee 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 Lsnder, 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 cumulativa and shall be in addition tn every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every pawer or rsmedy given by the Note or any of the Related Dvcuments
<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 to make expenditures or to take action tn perform an obligation of Trustor under this peed of Trust, after Trustor's failure
<br />to perform, shall npt atfect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustar and Lender, hereby requests that a copy of any Notice af Default and a copy of any
<br />Notice of 5ale under this Deed of Trust be mailed ta them at the addresses set forth in the first paragraph of this peed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this peed 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 or not any
<br />court action 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 protection af its interest or tha enforcement of its rights shall become a part of the Indebtedness payeble
<br />on damand and shall bear interast at the Note rate from the date ot the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attprneys' fess and Lender's legal expenses,
<br />whether or not thare is a lawsuit, including attorneys' fees and expenses for bankruptcy praceedings (including efforts to modify or
<br />vacate any autvmatic stay pr injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />recprds, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insuranca, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor alsp 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 />PQWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of #his
<br />Deed of Trust:
<br />Powers of trustes. In addition to ali powers of Trustee arising as a matter of iaw, 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 Proper#y, 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 (c) join in any subordination or other agreement affecting this �eed of Trust nr the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall mest ail qualifications required for Trustee under applicable law. In addition to the rights and ramedies set
<br />forth a6ove, with respect to all or any part of the Property, the `Crustee shsll have the right ta foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foraclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />5uccessor Trustee. Lender, at Lender's option, may from time to time appoint a successnr Trustee to any Trustee appointed under
<br />this Deed of 7rust 6y an instrument executad and acknowledged by Lender and recorded in the nffice of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system referencel 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 beneficiaries under this peed
<br />of 7rust or their successors in interest. The successnr trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon tha Trustee in this Deed af Trust and by applicable law. This procedure for su6stitution of Trustee
<br />ahall govern fo the exclusion of all other provisinns for substitution.
<br />NOTICES. Any notice required to be given under this peed 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 law►, when deposited with a nationally recognized overnight courier, or, if mailed, when d�pvsited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, dirscted to the addressss shown near the beginning of this Deed of ?rust. 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 tha beginning 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 notic� is to change the party's eddrass. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unlass otherwise provided pr 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 all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this peed of Trust:
<br />Amendments. This beed 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 pf Trust. No alteration of or amandment 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 Proparty is used for purposes ather than Trustor's residence, Trustor shall furnish to Lender, upan request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less �II cash expenditures made in
<br />connection with the operation nf the Property.
<br />Caption Headings. Caption headings in this Deed of Trust ere for convenience purposes only and: are not to be used to interpret or
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