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Loan No: 101236204
<br />DE Co O nued) �� 1 � �$ 7 2 � page 6
<br />determine, at public auction to the highest bidder 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 conveying the property so
<br />sold, but withvut any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof qf the #ruthfulness thereof. Any persan, including without limitation 7rustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permit#ed 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, Trustee shall apply the proceeds of sals to payment of (i) all sums expandad undar
<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 person or persons legally
<br />entitled thereto.
<br />(c) l'rustee may in the manner provided by law postpane sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance nf any
<br />indebtedness 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 the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />same or all of such indebtedness and obligations secured by this Peed of Trust may now or hereafter 6e otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwisa. Naither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by cburt actipn qr pursuant to the ppwar of sale or other powers contained in this C7eed of 7rust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any nther 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 />hereafter held by Lender or Trustee in such order and manner as ihey or either of them may in their absolute discretion determine. No
<br />remedy canferred upon or reserved to 7rustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided vr permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statuta. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be ntherwise entitled, may be exercisad, concurrently or indapendently, 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 �eed of Trust shall 6e construed as prohi6iting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare 7rustor in default and to exercise Lender's remedies.
<br />Raquest for Notics. Trustor, on 6ehalf of Trustor and Lender, hereby requests thet a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of 7rust 6e mailed to them at the addresses set fprth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expsnses. If Lender institutes any suit or action to enfarce any of the #erms of this Deed of 7rust, Lander 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 npinion 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 ta any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether ar npt there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunetion►, appeals, and any anticipated ppst-judgment avllaction services, the cpst of searching
<br />records, obtaining title 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 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 />POWERS AND OBLIGATIONS OF TRUSTEE. The 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 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 Property; and (c) jain in any subordination or ather agreement affecting this Deed of Trust ar the interest of
<br />Lender under this Deed bf Trust.
<br />Trustae. Trustee shall meet all qualifications requirad for Trustee under applicable law. In addition to the rights and remedies set
<br />farth above, with respect to all or any part of the Property, the Trustee shall hava the right to fpreclose by notice and sale, and Lendar
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance wi[h and tp the full extent provided by applicable
<br />law.
<br />Successor Trustse. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged 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 other matters required 6y state law, the names of the original
<br />Lender, Trustae, and 7rustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shell be executed and acknowledged 6y all the 6eneficiaries under 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 applicable law. This procedure for substitution of Trustee
<br />shall gavern ta the exclusion of all other provisions for substitution.
<br />NpTICES. 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
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