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<br />� �: DEED OF TRUST 2 010 0 8 3 8 0
<br />; y .� ' ;t '; , � ,
<br />(Continued) Page 5
<br />conclusive proaf vf the truthfulness thareqf. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As mey be permitted by law, after deducting all costs, feas and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply [he proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or 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 remainder, if any, to the persan qr perspns lagelly
<br />entitled thereto.
<br />(c) Trustee may in the manner provided �y law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. 7rustee and l.ender, and aach of them, ahall be entitled ta anforca payment and perfprmance of any
<br />indebtedness or obligationa secured by this Deed pf Trust and tp exarcise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, pr under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some pr all of such inde6tedness and o6ligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />6y mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sala or other powers contained in this Deed af Truat, shall prsjudice or in any
<br />manner affect Trustee's or lender's right to raalize upon or enforce any other security npw or hareafter held by Trustee ar Lender, it
<br />being agread 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 6y Lender pr Trustee in such arder and manner as [hey or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved ta Trustee or Lender, is intended to be exclusive of any other remedy in this Deed af Trust or 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 or 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 7rustae ar Lander or tv which either pf them may be otherwise entitled, may 6e exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee pr 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 ta make expenditures ar ta take action to perform an obligation of Trustor under this pead of Trust, after Trustvr's failure
<br />to perfprm, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. 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 peed 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 reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and ta the extent not prohibited by law, all reasonable expenses Lender incurs that in l.ender's opinion are
<br />necessary at any tim� fqr the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payat�le
<br />an demand and shall bear interest at the Note rate from the date of the expenditura until repaid. Expenses cqvered 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 proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicabla law, Trustor also will pay any court casts, in addition to all other sums provided by
<br />law.
<br />Rights of Trustea. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS QF TRUSTEE. The fpllqwing provisiqns relating to the powers and obligations pf Trustee are part pf this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee 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: (a) 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; (b) join in granting any easement or creating any
<br />restriction on the Real Proparty; and (c) join in any aubordinatian or other agreement affecting this paed of Trust or the interest of
<br />Lender under this Dead of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with raspect to all pr any part pf tha Prpperty, the Trustea shall have the right to fareclasa by notice and sale, and Lendar
<br />shall have the right to foraclose by judicial foreclpsure, in either case in accordance with and to the full sxtent providsd 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 Peed of 7rust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Mall County,
<br />State af Nebraska. Ths instrument shall ppntain, in additipn 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 reference) where this Daed af Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknpwledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without convayance of the Property, shall succeed to all the titla,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall gvvern 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 telefacsimile (unless otherwise
<br />requirad by lawl, when deposited with a natianally recognizad overnight courier, ar, if mailed, when depasited in tMe United 5tates mail, as
<br />first class, certified or registered mail postage prepaid, directed ta 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 priorfty over this Deed of Trust shall be sent tp Lender's addrass, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under [his Deed of Trust by giving fqrmal
<br />written notice to the other parties, specifying thet the purposa of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees tp keep Lender informed at all times of Trustor's current address. Unless otherwise provided 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 tn all Trustars.
<br />M15CELLANEOUS PROVISIQNS. The following miscellaneous provisions are a part of this peed of Trust:
<br />Amandments. This Deed nf Trust, tqgather with any Related Documents, constitutes the entire understanding and agreement pf the
<br />parties as tp the matters set forth in this Deed of Trust. No altaratian of or amandment to this peed of 7rust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bpund by the alteratian vr amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall fumixh to Lender, upon request, a
<br />certified statement of net aperating income received from the Property during Trustor's previous fiscal year in such fvrm and detail as
<br />Lender shall require. "Net operating incame" ahall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are far canvenience purposes only and are not to be used to interpret or
<br />define the pravisions of this I�eed of Trust.
<br />Merger. 7hare shall be no mergar of the interest or estate created by this Deed of Trust with any othar interest or estate in the
<br />Property at any time held by or for the benefit pf Lender in any capacity, without the written consent of Lender.
<br />Applica6le Law. The Loan secured by this lien was made under a United States Small Business Administratian (SBA) nationwide
<br />program which uses tax dollars to assist small businass owners. If the United 5tates is seeking to enforce this dqcumant, than under
<br />SBA regulatians: (a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Lvan will be
<br />construed in accordance with federal law. (b) Lender or SBA may use local or steta prqcedures for purposes such as filing papers,
<br />recording documents, giving notice, foreclosing liens, and other purposes. By using these proceduras, S8A does not waive any
<br />federal immunity from tocal or state control, penalty, tax or lisbility. No Barrower or Guarantor may claim or assert against SBA any
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