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Loan No: 80$334
<br />DEED O� TRUST 2 010 o s o s 7
<br />(Continued) Page 5
<br />sold, hut without any covenant or warranty, ex�:�ress or irn��lied. The rer,ikals in such dned of any m;�tters or far.ts shr�ll ha
<br />condusive prr�of of the truthTulness Yhereqf. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purr,hase at such sale.
<br />(b) As may be permicCed hy law, after dedur,ting all costs, fees and expenses of Trustea �nd of this Trust, including COStS Of
<br />evidence of title in connection with sale, Trustee sh211 apply the proceeds oF sale to peymertt of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms oi the Note not thert repaid, includin,y hul not lirtiited to ar,crued interest
<br />and late charges, (ii) 211 olher sums t'hen ser.ured hereby, �nd (iii) tha remainder, if eny, to the person or p�rsons Ingally
<br />entitled thereto.
<br />(c1 Trustee may in the manner prnvided 6y law postpone sale of all or 2ny portion oT the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of fhem $I1�II hP, entitled tn en(orr.e p�yment and performanr,e oF �ny
<br />indebtedness or obligations secured by this fJeed oT Trust and to exercise all rights and powers under this De�d nf Trust, under the
<br />Note, under any of the Related f)or,urnents, or under �ny nth�r �gr�ement or any laws now or her�after in force; notwithsTnnding,
<br />some or all of such indehteclnes5 �nd ql>lig�tinns secured k�y this Dc�ed oi Trust may now or herealter 6e otherwise secured, whether
<br />by mnrtgaye, deed nf trust, pledqe, lien, assiqnment or otherwise. Neither the ar,ceptance of this Ueed o( 7rust nor its enforcement,
<br />whether by r.ourt ar.tinn or pursuant to the power of sale or o[her powers cc>ntained ir� lhis Ueed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce �ny nther ser.urity nqw qr hPreaiter held by Trustee or l.ender, it
<br />being agreed that 7rustee and Lender, and each of tham, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by l.ender or Trustee in such ordar and manner as they or either of therti may in their ahsolute discretion determine. No
<br />remedy r,onTerred upqn or res�rved to Trustee or Lender, is intendecl to be exclusive of any otf�er rernedy in this I)eed of Trust or by
<br />law provided or permitted, but each shall be curnulaYive and ,hall he in �ddition to every nther rernedy qiven in ihis Deed of Trusf or
<br />now or hereafter existing at law nr in eryuity or by st�tu[e. Ev�ry ppw�r or remedy givc*n hy th� Nota or flny of Yh� Related Dor,wnPnts
<br />to Trustee br Lender or to which either oi them rnay be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as oflen as m�y bP deemed expedient by Trustee or Lender, and either oT them rnay pursue inconsistent remedies.
<br />Nothing in this Deed nF Trust shflll be r,onstrued as prohibiting Lender from seekiny a deficiency judgment ayainst th? Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedias. All of Lender's rights and rerrtedies will kr? curnulafive and may be exercised alone or together. If Lender
<br />(IP.CI(I@S tn spend money or to perforrri any bf �Trustor's oblig�tions under t:lris U�ed nf TruSt, after Trustor's f:�ilure to do so, thaf
<br />dacision by Lender will not �ffect Ler�der's riyht to decl�re Trustor in de(nult nnd to exercisQ Lender's remedies.
<br />Request for Notice. Trustor, vn behalf nf Trustor anci Lender, hereby requests th�t a r.opy of �ny Notice of Def�ult and a r,opy of aryy
<br />Notice of Sale utyder this Deed of Trust be mailad to them at the addresses set forth in the first par�graph of this Deed of Trust.
<br />Attorneys' �ees; Expenses. If Lender institu�es any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entided to recover such sum as th� r.n�ut may adjudge reasonahle as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court actinn is involved, and to the �xtent not proliibited 6y law, all re�sonable expenses I_ender incurs that in Lender's opinion are
<br />necessary �t any time for the protectinn of its interest or lhe en(nrcemer�[ nf ils rights shall he[:q�ne � p�rt of the Indel�tedriess ���yable
<br />nn demand �nd shall 6ear interest at the Note rate frnrri tfie date of the expenditure i,int.il r�paid. Expenses covarpri hy lhis para,yraph
<br />inr.luda, without limitation, however subject to any lirni[s und�r �pplir.nble law, Lender's attorneys' fees and Lender's Iegal expenses,
<br />whether or not there is a lawsuit, inr.luding �ttorneys' fees �nd ex�enses for bankruptc:y proceedings (indudin� eiforts to modify or
<br />vacaie �ny aulort�a[ir., slay or injunction� A�r]P,8I5, and any antir.ipat:ed post-jud,ymenT collectir.�n servir,es, the cc.ist o( searchinq
<br />recorcls, obtaining title reports (includiny iorer,losure re��nrtsl, survey��rs repnrts, and appraisal T�es, title insurance, and fees for the
<br />Trustee, io the extent permitted by applicable I�w. Trustor also will pay any r,ourt costs, in �ddition tn all other swns prnvid�d hy
<br />law.
<br />Rights of Trustee shall have all of lha rights and dutiPS of LPnder as set forth in this section.
<br />POWERS AND OBIiGATIONS OF TRUSTEE. Th� foll
<br />owing provisions relating to the powers and obligati�ns of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. M addition to all powers of Trustee �f15111C� 05 0 IT1�tYP.f Of (flW, Trust�e shall hav� tht� ppwer to tnke the (ollqwing
<br />actions with respect to the Property upori the writt?n request of Lender and Trustor: (a) join in preparing and filing a map or plat nf
<br />the Real Property, includin� tfie dedicalinn of strrets or oth�r rights to th� public; (h) join in granting any easemc�nt or r.re;�ting any
<br />restriction on the Real Property; and (r,) join in any suhordination or pth�r agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />TfUStBC, �fUStP,P, 5f1�3�� fTlppl BII (�118II�IC�IIOflS required for Trustee under applicable �BW. �Il 8(iCiltlpll YO the fIC�rItS c�llC� remedies SeY
<br />torth aqove, with respect to all or any part of the Pro(�erty, ihn T7ustee sh�ll h�ve the right tn fnr�r.lose hy notic� and sal�, and Lender
<br />will have the ri,yht to fOfE;CIU$P.. tiv �lJ(IICIc�I IOIP.CIp5111'P., in eith�r case in accordance with �nd to the full extent provided by �pplicablE
<br />I i3W.
<br />Successor Trustee. �.ender, at Lender's option, may from time to time appoint a successor Trustee to any 7nistee appointed under
<br />this DPed of Trust by an instrument executed and acknowledyed by I_ender and rer,orded in the uffice o( I.he record?r of Hf�l.l. County,
<br />StatP of Nebraska. The instrument shall contain, in addition to all other tnallers required by stake law, the names of the nriginal
<br />Lender, Trustee, and Trustor, the bool< and page (or cornputer syslern r�ferenr.e) where this Deed of Trust is rer,nrded, and the n�rne
<br />and address of tlye successor tr«ste?, and the instrument shall he exncuted and acknowledgad hy �II the IJP.f1E}IC12fIP.5 U11(I@f YI115 Dh:F.(�
<br />of trust or their successors in inferest, Th� sur,r.c�ssnr trustee, without conveyr�nr,e of the Froperty, shall succeed to all the title,
<br />power, and duties conferrad upon the Trustee in this Deed of Trust and by applicable law. 1'his proced��re for substitutinn oF 1 rustee
<br />shall yovern to the e:xclusion of all other provisions Tor substitution.
<br />NOTICES. l�ny notice requirFd to h� qiven under this C]eed of 7rust, in.r,ludin� wilhbut li�rtitation any notice of default 2nc1 ar7y notice o(
<br />sale shall be given in writing, and shall be effective when actiially delivered, when �clually 1'QCP.jVp(:I k)v CP,IP..�aC$IITIIIP.. (unless otherwise
<br />required by IAw►, when deposited with a nalion�lly rer,nynized overniyht courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail �ostage prepaid, directed tn the address�s shown near the heginning of this Deed of 7rust. All
<br />copies of natices of Toreclosure from the holder of any lien which has priority over this I]PACI O� � fU5( SI1�II F7f? $P,f1� tp l_ender's 2(�(�fP,5S, as
<br />shown near the beginning of this beed of 7rust. Any person rnay change his or her address ior notices under this �eed of Triast k�y giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to ahange #he person's address. For
<br />notice purpnses, Trustor agrees to keep L.ender infonned �t �II times of Trustor's current address. Unless otherwise provided or req�.aired
<br />by law, if there is more than one 7rustor, any notic? given hy L�nder to any Trustor is deemed co be notice given to all 'T'rustors. I� will be
<br />Trustor's responsibility to tell the others of ihe notice from Lender.
<br />MISCEILANEQUS PROVISIONS. ?he fvllowing miscellanequs provisinn5 t�re fl part of this deed of T'rust:
<br />Ame��dments. What is written in this Deed nf Trust and in the Rel2ted C7ocuments is TYustor's enlire agreement with Lender
<br />concerning the matters covered hy this deed of Trust. To he eTfective, any ch2nye or amendment to this Deed of Trust musf be in
<br />writing and must t.�e signed hy whoevor will be bound or obliyated by Uie r.han,ye or amendment.
<br />Gaption Headings. Caption headir7gs in this DP.P,(I of Trust are for convenience purposes only and are not to be used to interpret or
<br />deiine the provisions of tliis D�ed of Trust.
<br />Merger. There shall he no merger of thie interest or estate created by this DaeCl of Trusl wilh any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any ca�.�acily, wilhnut the written r.qnsent of Lender.
<br />Governing Law. This ❑eed of Trust will be governed hy faderal law applica6l� to Lender and, tn the extent not prPempted hy federal
<br />law, the laws of the Stats of Nebraska without regard to its conflicts of law provisions. This UPed af Trust has beer� Accepted by
<br />Lander in the State of Nebrask�.
<br />Choice of Venue. If there is a lawsuit, Trustor flgrr��s upon Lender's request to submit to the jurisdiclion o( the caurts of Hall County,
<br />State of Nebraska.
<br />No Waiver by Lender. Trustor underst�nds l.ender will nnt givc i.ip nny of Lender's rights udd�r �iiS��[�t�,+C�� f7'�.1s.�unless Lender dbes
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