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. . DEED OF TRUST 2 � 11 � Q��I "�
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<br />(Continued) �a�� 5
<br />Trustee and shall deposit with Trustee this Deed of Trust and tha Note and such receipts and evidence of expenditures made and
<br />securad by this Deed nf Trust as Trustee may requira.
<br />(a) Upon receipt ot such notice from Lender, Trustee shall cause to be recorded, published and delivered to 7rustor such
<br />Notice of Default and Notice of Sale as then required by law and 6y this Deed of Trust. 7rustee shall, without demand on
<br />Trustor, atter such time as may then be required by law and after recordation of suoh Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place pf sale tixed by it in such Notice of 5ale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, end in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United 5tates payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sutficient deed or deeds conveying the praperty sn
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive propf of the truthfulness thereof. Any persvn, including without limitation Trustpr, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted 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 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 person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale ot all or any portion of the Property.
<br />Ramedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations seaured 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 pocuments, or under any other agreement or any laws now or hereaf�er in force; notwithstanding,
<br />some nr all of such indebtedness and obligations secured by this Deed of 7rust may now or hereafter be otherwise secured, whether
<br />by 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 sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect 7rustee's or Lender's right to realize upon or enforce any other security now or hareafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each af them, shall be entitled to enforce this Deed of Trust and any other security now vr
<br />hereafter held by l.ender or Trustee in such order and manner as they or either of them may in their absolute discration datermine. No
<br />remedy conferred upon ar reserved to Trustee or Lender, is intended to be exclusive of any other ramedy 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 or
<br />now ar hareafter existing at law or in equity ar by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of tham mey be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may ba deemad expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall ba construed as prohibiting Lender from seeking a deficiency judgment against the Trustar tv the
<br />extent such action is permitted 6y law. Election by Lender to pursue any remedy shall not exclude pursuit of any othar remedy, and
<br />an election to make expenditures pr to 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 dafault and exercise its remedies.
<br />Request for Notice. Trustar, 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 ot Trust be mailed to tham at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Faes; Expenses. If Lender institutes any suit ar action ta enforce any of the terms of this peed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonabls as attorneys' fees at trial and upon eny appeal. Whether or not any
<br />caurt action is invalved, and to the extent not prohi6itad by law, all reasonable expenses Lendar incurs that in Lender's opinion are
<br />necessary at any time for the protectipn of its interest or [he entorcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall pear interest at the Note rate from the date of the expenditure un[il repaid. Expenses covered by this paragraph
<br />includa, without limitation, however subjact to any limits under applicable law, l.end�r's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses far bankruptcy proceedings (including efforts to modify or
<br />vecate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveynrs' reports, and appraisal fees, title insuranca, and fees fnr 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 Lander as set forth in this section.
<br />PpWERS AND OBLIGATIONS OF TRUSTEE. The following provisions ralating to the powers and obligations of 7rustee are part vf this
<br />beed of Trust:
<br />Powars of Trustee. In addition ta all powers of Trustee arising as a matter of law, Trustee shall have the power ta taka the fpllowing
<br />actions with respect to the Property upon the written request of Lendar and Trustor: (a) join in preparing and filing a map or plat oi
<br />the Real Property, including the dedication of straets or other rights to the public; (b) jain in granting any easement or creating any
<br />restrictian an the Real Property; and (c) join in any subordinatinn or other agreement affecting this Deed of Trust or the interest af
<br />Lender under this Deed of Trust.
<br />7"rustae. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remadies set
<br />forth above, with respect ta all nr any part of the Property, the 7rustae shall have the right to fareclosa by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in aither case in accordance with and to the full extent pravided 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 Deed of Trust by an instrument executed and acknowledged by Lander and recorded in the otfice of the recorder of Hall County,
<br />State pf Nebraska. The instrument shall contain, in additian tq all other matters required by state law, the names ot the original
<br />Lender, Trustee, and Trustor, th� book and page (vr computer system reference) where this []e2d af Trust is recorded, and the nama
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance af the Property, shall succeed to all the title,
<br />pvwer, and duties cnnferred upon the Trustee in this peed of Truat and by applicable law. This procedure for substitution of Trustea
<br />shall govern to the exclusion of all other provisions tor substitutinn.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice nf
<br />sale shall be given in writing, and shall be effective when actually delivered, whan actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized ovemight courier, or, if mailed, when deposited in the United Statas mail, as
<br />first class, certified ar registered mail postage prepaid, directed to the addresses shown naar the baginning of this Deed of Trust. All
<br />copias of natices vf foreclosure from the holder of any lien which has priority aver this peed af 7rust shall 6e sent to Lender's address, as
<br />shown near the beginning of this Daed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpase of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all timas ot 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 to all Trustors.
<br />MISCELLANEOUS PR�VISIONS. The following miscellanenus provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agraement of the
<br />parties as to the matters set forth in this Deed af Trust. No alteration of or amendment to this Daed of 7rust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or baund 6y the alteration or amendment,
<br />Annual Fteports, If the Property is used far purposes other than Trustar's residence, 7rustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Prvperty during Trustnr's previous tiscal year in such form and detail as
<br />Lender shall requir�, "Net operating incnme" shall mean all cash receipts from the Praperty lass all cash expenditures made in
<br />connection with the bperation of the Property.
<br />Caption Headings. Caption headings in this Peed of Trust are fqr cqnvenience purposes only and are not to be used to interpret or
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