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Loan No: 808342
<br />D�ED OF TRUST
<br />(Cantinued► 2 � � � � 8 5 9 � Ra s
<br />under the Nebraska Unifnrm Commercial Code.
<br />Foreclosure by Power of 5als. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustes 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 Trustae may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice nf Default and Notice af Sale as then required by law and by this beed of 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 befault and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<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 bidder for cash in lawful money of the United States payable at the #ime of sale.
<br />7rustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the prpperty so
<br />sold, but without any covenant or warranty, express or implied. 7he recitals in such deed of any matters or facts shall be
<br />conclusive proof pf the truthfulness thereof. Any person, including without limitation 7rustor, Trustee, or Lender, may
<br />purchase at such sele.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this 7rust, 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 of this Deed of Trust or under the terms of the Note nbt 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 person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sele of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall 6e entitled to enfprce payment and performance of any
<br />inde6tedness or obligations 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 #he Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this beed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignmen# or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power nf sale or other pvwers containPd in this Deed 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 nnw or
<br />hereafter held by Lender or Trustee in such order and msnner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended tn be exclusive of any other remedy in this Oeed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other rempdy given in this Deed of Trust or
<br />nnw or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any ot the Related Documents
<br />to 7rustee or Lender or to which either of them may be ottierwise entitled, may 6e exercised, concurrently or independantly, from time
<br />to time and as often as may 6e deemed expedient by Trustee or Lendar, and either of them may pursue inconsistent remedies.
<br />Nothing in this beed 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.
<br />�lection of Remedies. All of Lender's rights and remedies will ba r,umulative and may be exercised alone or together. ff Lender
<br />decides to spend money or to perform any of Trustor's obligations under this beed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and e 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 beed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this beed nf 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, end 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 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 repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legel expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, o6taining titls reports (including foreclosure reports►, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition tp all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set fvrth in this section.
<br />POWERS ANp OBLIGATIONS OF TRUSTEE. 7he following provisions relating to the powers and obligations of Trustee are part of 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 follnwing
<br />actions with respect to the Property upvn the written request nf 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 Property; and (c) join in any subordination or other agreement affecting this peed af Trust or the interest of
<br />Lender under this peed of 7rust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applica6le law. In additian to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will 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 />Successor Trustee. Lender, at L.ender's option, may from time Co time appoint a successor Trustee to any 7rustee appointed under
<br />this Deed of Trust by an instrument executed end acknowledged by Lender and recorded in the office of the recarder of HAL.L 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 camputer 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 alt the beneficiaries undPr this Deed
<br />of 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 Trustee in this Deed of Trust and by applicabla law. This procedure for substitutivn of Trustee
<br />shall gouern to the exclusion of all other provisivns for substitution.
<br />NOTICES. Any notice required to be given under this Deed pf Trust, including without limitation any notice of default and any notice of
<br />sals shall be givsn in writing, and shall 6e effective when actually delivered, when actually received by telefacsimile (unlPSS otherwise
<br />required by lawl, when depasited with a nationally recognized overnight courier, or, if ineiled, 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 of this �eed of Trust. 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 the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persnns, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, 7rustor agrees to keep Lender iniormed at all times of Trustor's current address. Unless atherwise prnvided or required
<br />by law, if there is more than one Trustnr, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the athers of the notice from L�nder,
<br />MISCELLANEOUS PRpVISIONS. The follawing miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entirs agreement with Lender
<br />concerning the matters covered by this beed of Trust. Ta be effective, any change or amendment to this Desd of Trust must be in
<br />writing and must be signed by whpever will be bound or obligated by the change or amendment.
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