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<br />DEED OF TRUST 2 Q' �. �. U� 3 3 4
<br />(Continued)
<br />Page 5
<br />Trustor, after such time as may then be requited by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, ai public auction to the highest bidder for cash in lawful money of the United States payable ,at,the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<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 proof of the truthfulness thereof. Any person, including without limitation Trustor, 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 ot 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 of all or any portion of the Property.
<br />edies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />btedness or obligations secured by this peed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />:, under any of the Related Documents, or under any other agreement or any laws now or hereafter in forca; notwithstandirg,
<br />e or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />iortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />ther by court action or pursuant to the power of sale or other powers contained in ihis Deed of Trust, shall prejudice or in any
<br />ner 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 />g 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 />after held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />;dy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />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 />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 />rustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />me and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsist�nt remedies.
<br />iing in this Deed of Trust shall be construed as .prohibiting Lender,from seeking a deficiency judgment against the Trustor to the
<br />nt such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />lection to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />;rform, shall not affect Lender's right to declare a default and exercise its remedies. �
<br />iest for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defauk and a copy of any
<br />�e of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />rneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />led to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />t action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />�ssary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />emand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />ide, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />ther or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />ite any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />rds, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />tee, to the extent permitted by•appiicable law. Trusror.also wili_pay ar�y court costs, in addition to a'I otYto:'surisprpvideC �y
<br />of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Po ers 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 />act ons 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 dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />res riction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Le der under this Deed of Trust.
<br />Tru tee. Trustee shall meet all qualifications required for Trustee under applicable law, In addition to the rights and remedies set
<br />for h 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 />sh II have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
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<br />cessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />:e of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />�er, Trustee, and Trustor, the book and page (or computer system referencel where this Deed of Trust is recorded, and the name
<br />address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />'rust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />rer, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />9 govern to the exclusion of all other provisions for substitution.
<br />i. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />II be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />;s, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this'l7eed of Trust. Ail
<br />f 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 />ear the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />iotice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />� keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />A endments. This Deed of Trust, together with any Related Documents, constitutes the entire unde�standing and agreement of the
<br />pa ties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />gi n in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />An ual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall fumish to Lender upon request, a
<br />ce tified.Statement of net operating income received from the Property during TrustoPs previous fiscal year in such form and detail as
<br />Le der shall require. "Net operating income" shall mean all cash receipts from the Property less all cash, expenditures made in
<br />co nection with the operation of the Property.
<br />Ca tion Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />de ine the provisions of this Deed of Trust.
<br />M rger. 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 />Pr perty at any time held by or for the benefit of Lender in any capacity, without the written consent of Lznder.
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