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<br />purchase at such sale.
<br />i
<br />. , . DEED OF TRUST
<br />(Continued)
<br />2 01 ��SOV4 Page5
<br />(b) As may be permi[ted by law, after deducting all costs, fees end expenses of Trustee and of this Trust, 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 not then repaid, including bu# not limited to accrued interest
<br />and late charges, (ii) ali 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 prpvidad by law postpone sale of all or any portion of the Property.
<br />Ramedies Not Exclusive. Trustee and Lender, and each of them, shall 6e entitied to enforce payment and performance af any
<br />indebtedness or obligations secured by this Deed of Trust snd to exercise all rights and powers under this Deed of 7rust, under the
<br />Nots, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; nptwithstanding,
<br />sbme or all pf such indebtedness and obligations secured by this �eed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed ot trust, pledge, lien, assignment or otherwise. Naither tha acceptance of this Deed of Trust nor its enforcement,
<br />whether by onurt action or pursuant to the power of sale vr vther pqwers contained in this beed 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 />baing 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 Trustea in such order and manner as they or either pf them may in thair absvfute discretipn determine. Np
<br />remedy conferred upon or reserved to 7rustee or Lender, is intended tq 6e axclusive pf any other remedy in this Deed of 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 or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of [he Rela[ed Documents
<br />to 7rustee or Lender or to which either of them may 6e otherwisa entitled, may be exercised, cancurrently pr independently, 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 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. Electian py Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures ar ta take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, 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 />No#ica of 5ala 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 mey adjudge reasonable as attorneys' fees at trial and upon any appeaf. 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 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 da[e of the expenditure until repaid. Expenses covered by [his paragraph
<br />include, without limitation, hawever subject ta any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attprneys' fees and expanses for bankruptcy prpceedings (including efforts to modify pr
<br />vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment callection services, 1he cost of searching
<br />records, obtaining title reports (including foreclosure reports►, surveyors' reports, and appraisal fees, #itla 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 Lsnder as set for#h in this section.
<br />POWERS AND 08LIGATIONS OF TRUSTEE. 7he following provisions relating to the powers and abtigations of 7rustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In additian 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 dedica[ion 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 beed of 7rust or the interest of
<br />Lender under this Deed 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 respect 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 by applicable
<br />law.
<br />Succassor Trustee. 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 Lendar and recarded in the office of tha recorder af Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names af the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successvr trustes, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successars in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustse in this Deed ot Trust and by applicable law. This procedure for substitution ot Trustee
<br />shall govern to the exclusion vf all other provisions for su6stitution.
<br />NpTICES. Any notice required to be given under this bead 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 Iaw1, when deposited wi[h a nationally recognized overnight cvurier, 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 of this beed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall he sent to Lender's address, es
<br />shown near the beginning of this Deed of Trust. Any party may change its address for naticas under this Deed of Trust by giving formal
<br />written notice to the ather parties, specifying that the purpose of the notice is to change the party's addrass. For notice purposes, Trustor
<br />agrees to 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 no[ice given by Lender to any Trustor is deemed to be notice� given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trus[:
<br />Amendments. This beed of 7ruat, together with any Related Documents, constitutes the entire unders#anding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this beed of Trust shall be effective unless
<br />given in writing and signed by the party or parties saught to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon requsst, a
<br />certified statement af net operating income received from the Property during Trustor's previous fiscal year in such form and detail es
<br />Lender shall require. "Net opereting incame" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of ihe Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. 7here shsll be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law epplicahle ta Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Ne6raska without regard to its conflicts of law provisians. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice nf Venue. If there is a lawsuit, 7rustor agrees upon Lender's request to submit to the jurisdiction of the courts of Butfalo
<br />County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed tn have waived any rights under this Deed of Trust unless such waiver is given in
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