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<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 7rust or under the terms of the Note noi. then repaid, including but no[ limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person vr persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpbne 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 of any
<br />indebtedness or obligations secured by this Deed of Trust end 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 />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neithar the acceptance af this beed vf Trust nor its enforcement,
<br />whether by court sction or pursuani to the power of sale or other powers contained 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 now or
<br />hereafter held by Lender ar Trustee in such order and manner as they or either of them may in their absalute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive pf any other remedy in this Deed of Trus[ or by
<br />law provided or permitted, but each shall be cumuiative and shall be in addition to every other remedy given in this Deed of 7rust or
<br />now or hereafter existing at law or in equity or 6y statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee ar Lender or tv which either of them may be otherwise entitled, may be exercised, concurrently or independently, from, time
<br />to time and as often as may be deemed expedien[ by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nvthing 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 lew. Election by Lender to pursue any re.medy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Trustor under this Peed 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 requesfs that a copy of any Notice of �efault and a copy nf any
<br />Notice of Sale under this beed of Trust be mailed to them a# 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 nf this Deed of Trust, Lender shall be
<br />entitled to recover such sum as ths court may adjudge reasonable as attorne�+s' fees at trial and upon any appeal. Whether or nnt any
<br />cour[ action is involved, and to the extent not prohibited by law, all reasoni�ble expenses Lender incurs that in Lender's opininn are
<br />necessary at any time for the protection of its interest or the enforcement af 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 6y this paragraph
<br />include, without limitatian, however subject to any limits under applicable law, Lender's attomeys' fees and Lender's Iegal expenses,
<br />whether or not there is a lawsuit, including sttorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclnsure 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 />Isw.
<br />Rights of 7'rustee. Trustee shall have all of the rights and duties of Lender es set forth in this section.
<br />POWERS AND dBLIGATIQNS OF TRUSTE�. The iollowing provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of 7rust:
<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 />#he 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 Proparty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of 7rust.
<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 [he right to foreclose by notice and sale, and Lender
<br />shell have the right to fpreclpse by judicial foreclosure, in either case in accordance with and to the full extent prpvided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time tp time appoint a succes5or Trustee to any 7rustee appointed under
<br />this Qeed 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. 7he instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and 1'rustor, the book and page (or computer system referencel 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 all the beneficiaries under this Deed
<br />of Trust or their successors in interest. 7he successor trustee, withou[ conveyance of the Property, shall succeed to all the titl�,
<br />pawer, and duties conferred upon the Trustee in this Qeed of Trust and by applicable law. This procedure for substitutivn of Trustee
<br />shall govern to the exclusion of all other provisions for substitutipn.
<br />NOTICE5. Any notice required [o be given under this Deed of Trus[, 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 of this Deed af 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 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 purpose of the noiice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at aIl times of Trustor's current address. Unless; otherwise provided or required by law, if there is more
<br />than one Trustor, any noiice given by Lender to any Trustor is deemed to be notic� given to all Trustors.
<br />MISCELLANEOUS PROVISIbNS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of 7rust, together with any Related bocuments, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration ot or amendment [o this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Repvrts. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts fram the Prqperiy less all cash expenditures made in
<br />connectinn with the operation of the Property.
<br />Caption Headings. Gaption headings in this 17eed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the prpvisions bf this Deed of Trus#.
<br />Merger. There shall 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 benefi# of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This peed of Trust will be governed by federal law applicable to Lender and, tq the extent not preempted by federal
<br />law, the laws of tha State of Nebraska without regard tv its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nabraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit tv the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska.
<br />No Waiver 6y Lender. Lender shall not 6e deemed to have waived any righta under ihis Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall nbt prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict campliance with that provision or any other provision of this Deed of Trust. No prior waiver by
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