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20110155�
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<br />D�E�Q or- r�usT
<br />Loan No: $Q8394 (�c�tltinued)
<br />Page 5
<br />Trusfor, after such tirne as may then be required by law and after recordation o( such Notice of Defai.dt ancl after Notice of
<br />Sale havirig been given as rec�uired by law, seii the Property at the time and piace o( sale fixed by it in such Notice c�F Sale,
<br />either as a whole, or in separate �o[s or parcels vr items as Trusiee shall deem expedient, and in such order as it may
<br />determine, at pu�lic auction to the highest bidder for cash in lawful maney of the United States payanie at the time of sale.
<br />T�ustee shall deliver to such purchaser or p�rchasers tl�ereof its gvod and sUfficient d�.ed or deeds conveying the proper[y so
<br />sold, bul withou[ any covenant or warranty, ex�?ress or im��lied. The recitals in suc,h deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. /�ny person, including wifl�out lin�itation 7r�.istor, Trustee, or Lencier, may
<br />purchase at such sale.
<br />(bl As may be permitted by law, after deducking all costs, (ees and expenses of Truscee and of this Trust, includinc� cosls of
<br />evidence of title in conneciion with sale, Trustee shall a{rply the proceeds of sale 1:o paymen[ af (ik all sums expended under
<br />the terms of this Deed of Trust or under tl�e terms of the Noke not then repaid, including but not limited to accrued interest
<br />and late charges, (iil ail other sums then secured here6y, and (iiil the remainder, if any, ca the person or persviis legaily
<br />enlided thereto.
<br />Ir•) Trustee may in the ni2nner �.�rovided by law �.iostpnne sale of all or any portion c�f the Propertiy.
<br />Remedies Nat @xclusive, Trustee and L.ender, and each of them, shall be entitled to enforce paynient and performance of any
<br />indebCedness or obliyations secured by this Deed of Trust and to exereise all rights and powers under this Deed of Trust, under the
<br />Note, under any of fhe Related IJocumenfs, or under any other ayreeirienf or any laws naw or hereafter in Force; riotwithstanding,
<br />soirie or all oF such indebtedness and obligations secured by this Deed of lrust m2y now or hereafter he otherwise secured, whether
<br />by mortgage, deed of t�ust, pledge, lien, assigriment or otherwise. Neither the acceptance vf tf�is veed af Trust nor its enfurcement,
<br />whether lay court action or nursuant to the power of sale or other powers contained in U�is Ueed o(' Trust, shall prejudice or in any
<br />manner atfect T or I_e�der's right to reafize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed ihat Trustee and Le.nder, and eac;h oP them, shall be enlitlecl to enForce this Qeed of Trust and any other securiry now nr
<br />Iierea(ter held by Lender or Trustee in such order and manner as they or either of them may in their alasolute discretion determine. No
<br />remedy conferred unon or reserved to Trustee or �encier, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law prvvided or permi[ted, but each sh�ll he cumulative snd shall be iri acidition to every other remedy given in this IJeed of Trusf or
<br />now or hereafter existing at law or in ec�uity ar by statute. Every power or remedy given by the Note or any of fhe Related Documents
<br />to Trustee or Lender or to which either �f them may I�e atherwise entiCted, may be exercised, concurre�tly vr indenendently, irom time
<br />to time �nd as often as may be deerr�ed ex�aedient hy Tru,tee or Lander, and either of them rnay K>ursua inconsistenC remeclios.
<br />NoChing in this Deed of Trust shail be r,onstrued as prohibiting lender from seelcing a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rigl�ts and rernedies will be cumulative and may be exercised alone or toyether. If Lender
<br />decides to spend money or to perfiorm any of Trus[ar's obligatians under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affece Lend�r's riyht to declare Trustor in defauik and to exercise �ender's rernedies.
<br />Request for Notice. Trustor, on belialf of Trustor and I_ender, hereby requests that a copy of any Notice of Uefault and a copy of any
<br />Notice oF Sale under this Deed of 7rust be mailed to them at the addresses set fordi in the first par�graph of this Deed of Trust.
<br />Attameys' Fees; Expenses. IF �ender inskitutes any suit or action fo enForce any ot the lerme of this Deed oF Trusl, Lender shall be
<br />entitled to recover such sum as the court may adjudge re�sonabie as aktorneys' Fees at tiial and upon any appeal. Whether or not any
<br />court ection is inuolved, and to the excerit not prc�hibiteJ by law, ali reasonable expenses Lender incurs that in Lencier's o�iinion are
<br />necessary �t any time for the protection of its interest or the enforcernent of its rights shall become a part of the Indebtedness payable
<br />on clemand and shail bear interest at the Note rate fram the clate oF the expenditure until repaid. Ex��enses covered by this paragraph
<br />include, wiihout limitation, however sutiject to any Vimits under appiicable f2w, tender's attorneys' iees and Lender's legal expenses,
<br />whether vr not there is a lawsuit, including attvrneys' Iees and expenses For bankrur�tcy proceedings (including eifvrts to mvdify or
<br />vacate any auromakic stay or injun�;tion�, appeals, and any anticipatecl past-judgment colleclion services, the cvst oF searchiny
<br />records, obtaining fitte reports lincfuciing Foreclosure reportsl, surveyars' reports, and appraisal fees, tide insurance, and iees for the
<br />Trustee, ta the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rigtits af Trustes. Trus[ee shall have all of che rights ancl ciuties of Lender as set forth in this section.
<br />POWERS'AND OBLIGATIONS OF TRUSTEE. The tollowing provisions relating to ihe pvwers and obliyations of Truscee are �art of this
<br />Deec1 of 1"rust:
<br />P�wers of Trustee. lii aciditiori to af{ powers of Trustee arising as a matter of law, Trustee stiall t,ave the power tc� take the (ollowing
<br />actions with respect to the Rroperty u�on the wril:een requesk of Len�ler and Trustor. (a) join in preparin,y and filing a m�p or plat of
<br />the Real Property, including the dedication of streets or other riyhts to the publir; (bl join in granting any easement or creating any
<br />restriction on the Real Fro��erty; and (c) join in any subqrdination or other agreement �f(er,ting this Deed of Trust or the inferest oF
<br />Lender under fhis Deed of Trust.
<br />Trustee. Trustee shall meet all qualiTications required for Trustee under applicable law. In addition to the ric�hts and remedies set
<br />forth above, with respect to all or any par[ of fhe Pro�erty, the 7ruscee shall have tlie ric�ht to forectose by notice and sals, and Le�cier
<br />will have the �ighf to foreclose by juclicial foreclosure, in either case in accordance with arid to the full extenc f�rovicled by applic�ble
<br />law.
<br />Successor Trustee. Lender, at Le�der's option, may fram tinie fo time ap��oint a successor Trustee to any Truslee a{apointed under
<br />this Deed of Trust by an ins[rument executed and acl<nowledged by Lender and recordeci in the oftice oI the recorder of HnLL Co�mty,
<br />State of Nebraska. The instrument shall c�ntain, in addition ta all �ther matters require�f by state law, the namc-�s of the original
<br />Lender, Trustoe, and Trustor, the book and page (or compuler system referencel where this Deed o( Trust is recorde.d, and ihe name
<br />�nd adclress af the successor trustee, and the instrurnent shall �e execu[eci and acknowledged by all the beneficiaries under this Deed
<br />c�P Trust or their successors i�� interest. The successor trustee, without conveyance of fhe Praperty, shall succeed to aU the title,
<br />�ower, t�nd duties cUnferred upon the Trustee in this Deed of Trust and by applicak�le law. TFiis �irocedure for suUstitution vF Trustee
<br />shall govern to the exclusion of all other provisions for substikution.
<br />NOTICES. �ny notice required to be given uncler this Deeci of Trust, including without limitation any notice oY clefault and any notice of
<br />sale shall be yiven in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law1, when deposited with a naCi�nally �ecagnizect ovemight courier, or, if rnailed, when deposited in the United States mail, as
<br />(irst class, certified or regisCered mail postage prepaid, direr,ted ta the addresses shown near the t?eginninq of this Deed oP Trust. l�ll
<br />copies of natices of foredosure from the holder of any liei� which has priority over this Deecl of Trust shall be sent to Le�der's address, as
<br />shown near the begi�ninc� of this Deed af Trust. Any pc�rson may change Iiis or her address (or nqtices untler this Deed of Trust by giving
<br />torm�l written notice to the other person ar persans, s��ecifying that the purpose of the notice is co change the person's address. For
<br />natice purposes, Trustor agrees to keep Lender infarmed at all times o( Trustor's current acldress. Uniess atherwise provided or required
<br />Uy law, if there is more than one Trustor, any notice given by Lender to any Tn,�skvr is deemecl to be notice given to all Trustors. It will be
<br />7ri.isror's res�onsil�ility to tell the others of the notice from Lender.
<br />MISCEI.LANEQUS PRQVISIONS. Che following miscellaneous provisions are a part o( this Deed of TrusC:
<br />Amendments. What is written in this Deed c�f Trust and in the Related Documents is Trustor's entire ayreement with Lender
<br />conceming the matters covered by ihis Deecl of Trust. To be effective, any chanye or amendment Lo this Deed of Trust must be i�
<br />writing and must be siyned by whoever will be bound or obligated by the change or air�endilient.
<br />Caption Headings. C�ptiGn headinys in this Deed oi Trust are for convenic.nce purposes only and are not ro be used to inkerpret or
<br />d�:fine the provisiqns of ihis Deed oi Trusf.
<br />Merger. There shall be na merge,r of the i�terest r�r estale creal:ed by this Deed ot Trust with any other interest o� estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, withouk the written consent of Lencfer.
<br />Govarning Law. This Daed of Trust wili be govemed by federai I�w applicabto ta Lender and, to tt�e extent not preempted by federal
<br />law, the laws of the State ot Nebraska without regarcl to its conilicts af law provisior�s. This Reed oF Trust has been accepted Uy
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