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<br />purchase at such sale.
<br />D��D OF TRUST 2 o i i o 0 4 0 5
<br />.: (Continued) Page 5
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses af 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 pf this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late chargas, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons Isgally
<br />enYitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all.or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and lender, and each of them, shall b� entitled to enforce payment and perfprmance of any
<br />indeb[edness or obligations secured by this Deed of Trust and to exercise all rights and powers under this beed of 7rust, 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. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether 6y court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prsjudice or in any
<br />manner affect Trustee's or Lender's right to reaiize upon or enforca any other security now ar 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 pr Trustee in such order and manner as they or either of them may in their absolute discretion determin�. Np
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or 6y
<br />law provided or permitted, but each shall be cumulative and shalf be in addition to every othar rem�dy given in Chis �7asd af 'frust 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 the Related Documents
<br />to Trustee or Lender or to 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 expedient by Trustee or Lender, and either of them may pursue incnnsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohi�iting Lender from seeking e deficiency judgment against the Trustor to the
<br />extent such action is permitted by Iaw. Election 6y Lender to pursue any remedy 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 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 ot any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set fvrth in the first paragraph of this �eed of Trust.
<br />Attbrneys' Fees; Expenses. If Lender instiiutes 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 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 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 Npte rate from the daie of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however su6ject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not ihere is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collectipn services, the cost of searching
<br />records, obtaining title reports (including foreclpsure reparts►, surveyors' reports, and appraisel 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 heve all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS pF TRUSTEE. The following provisions relating to the powers end o6ligations of Trustee are part of this
<br />Deed of Trust:
<br />Powars of Trustee. In addition to all powers of Trustee arising as a matter of law, Tru�stee shall have the power to take the fnllowing
<br />actions with respect to the Property upon the written request of Lender and, Trustor: (a) join in preparing and filing a map pr plat of
<br />the Real Properiy, including the dedication of streets or other rights to the �ublic; (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 Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustaa. 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 Prnperty, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial fareclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's pptipn, 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 insirument shall contain, in addition to all o[her matters required 6y state law, the names of the ariginal
<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 successor trustee, and the instrument shell be executed and acknowledged by all the beneficiaries under this beed
<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 Trus[ and by applicahle law. This procedure for substitution of TrustQe
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including withou[ 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 depasited 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 of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this beed of 7rus# 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 nvtice is to change the party's address. 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 mvre
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to 6e notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, tpgether with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteretion of or amendment to 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 Reports. If the Property is used for purposes other than Trustar'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 from the Property less all cash expenditures made in
<br />connection with the operation of the 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 provisians of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of 7rust with any other interesi or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, withqut the written consenC of Lender.
<br />Governing Law. This peed of Trust will be governed by federal law applicab{e to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard #o its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Chaice of Venue. If there is a Iawsuit, Trustor agrees upon Lender's request tb submit to the jurisdiction of [he courts of Buffalo
<br />Gounty, State of Nebraska.
<br />Joint and 5everal Liahility. All obligatiqns of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
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