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� ,� � . :, # � ; , 7 , �., DEED OF TRUST
<br />` (Continued) 2 O 10 0 8 3$1 Page 5
<br />either ss a whnle, or in separate lots or parcels or items as Trustee ahall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder fpr cash in lawful money of the United States payable at the tima of sale.
<br />Trustee shall deliver to such purchaser or purchesers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any cvvenant or warranty, express or implied. The recitals in such deed of eny metters or facts shall 6e
<br />conclusive 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 deduc[ing all cqsts, fees and expenses of Trustae and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the procaeda of sale to payment of (i) all sums expended under
<br />the terms qf this Deed of Trust or under tha terms pf the Npte not then repaid, including but not limited to accrusd interest
<br />and late charges, lii) all other sums thsn secured here6y, 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 portipn of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enfprce payment and performance af any
<br />indebtedness or obligationa secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement �r any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtadness and o6ligations secured by this peed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or ptherwisa. Neither the acceptance of this Deed of 7rust nor its enforcement,
<br />whather l�y court action or pursuant to the powsr of sale or other powers contained in this 17eed of Trust, shall prajudice or in any
<br />manner affect Trustee's or �endar's right to realize upon or enforce any other security now ar heraafter held by Trusiee or Lender, it
<br />being agreed that Trustee and Lendar, and eaph of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereatter held by Lander or Trustee 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 I�ender, is intended to be exclusive of any other remedy in this Deed af 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 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 Trustee or Lender qr to which either of them may be otherwise entitlad, may ba exercised, concurrently or independently, from time
<br />to time and as often as may be deamed expedient by Trustee pr Lender, and either of them may purxue incpnsistent remadies.
<br />Nothing in this Deed of Trust ahall be construed as prohibiting Lender from seeking a deficiency judgment against fhe Trustor to the
<br />axtent such action is permitted by law. Election by Lender to pursue any remedy shall nvt axclude pursuit of any other remedy, and
<br />an election tp make expenditures or to take action to perform an obligatinn of Trustor under this Deed of Trust, after Trustor's failure
<br />tp perfprm, shall not affect Lender's right to declare a default and exercisa its remedies.
<br />Request fpr Notica. Trustor, on behalf of 7rustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sals under this Deed af Trust be mailed to them at the addreases set forth in the first paragraph of this f]eed of 7rust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms pf 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 />cvurt action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinian ara
<br />necessary at any time for the protection of its intersst or tha enfprcement of its rights shall become a part of the Indebtadness payable
<br />on demand and shall bear interast et the Note rate from the date of the expenditure until repaid. Expenses cvvered 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 not there is a lawsuit, including attorneys' feas and expenses for bankruptcy proceedings (including effarts ta modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated pos[-judgment collection servicea, the cost of searching
<br />records, obtaining title reports (including fqreclosure reports), surveyors' reports, and appraisal fess, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any caurt costs, in addition to all other sums provided by
<br />law.
<br />Ftiphta of '1'rustee. Truatee shall have all of the rights and dutias of l.ender as set forth in this sec�ion.
<br />POWERS AND OBI.IGA'TI�NS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustae. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actians with respect to the Property upon the written request af Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication af streets or pther rights tq the public; (b) join in granting any easement or creating any
<br />restriction on the Real Proparty; and (c) join in any suhordination or other agreement affecting this Daed af Trust vr the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications raquired for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with raspect to all or any part of the Property, the Trustee shall have the right to foreclose 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 hy applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appaint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknvwledgad by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all pther matters required by state law, the names of the original
<br />Lender, Trustee, and Trustar, the book and page (or computer system reference) where this Deed af 7rust is recorded, and the name
<br />and address ot the successor trustee, and the instrument shall be executed and acknowledgad by all the beneficiariea under this Deed
<br />af Trust or 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 Trustes in this Deed of Truat and by applica6le law. This procedure for subs[itution of Trustee
<br />shall govern to the exclusion of all othar prpvisiqns fpr substitution.
<br />NOTICES. Any notice required ta 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 />required by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning pf this Deed of Trust. All
<br />copies of notices of foreclosure from tha 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 change its address for notices under this Deed of Trust by giving formal
<br />written notica to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purpases, 7rustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless atherwise provided pr required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustar is deemed to be nptice given ta all Trustors.
<br />M15CELLANEOUS PROVISIONS. The fvllowing miacellanequs provisipns are a part of this Deed pf Trust:
<br />Amendments. This 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. Na alteration of or amendment tp this Deed pt Trust shell be effective unless
<br />given in writing and signed by the party or parties saught to be ohargad ar baund by the alteratipn or amendment.
<br />Annual Reparts. If the Property is used for purppses other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received frpm the Property during Trustor's pravipus fiscal year in such form and detail as
<br />l.ender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with tha pperation of the Propsrty.
<br />Caption Headinga. Caption haadings in this Deed of Trust are for convenience purppses qnly and are not to be used to interpret vr
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the inCarest ar estate created by this Deed of Trust with any other interest or estate in the
<br />Praperty at any time held by or for the benefit of Lender in any capacity, without the written cpnsent of Lender.
<br />Applicable Law. The Loan secured by this lien was made under a United States 5mall Businass Administration (SBA) nationwide
<br />prqgram which uses tax dollars to assist small business owners. If the United 5tates is seeking to anforce this document, then under
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