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�� �, . M � F x � . DEED OF TRUST
<br />. tconti�ued) 2 0110 3 6 9 0 Page 5
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required: by law and after recordation of such Notice of Default and aiter Notice of
<br />Sale having been given as required by lew, 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 separete lots or parcels or items as Trustee shall deem expedient, and in such order a's it may
<br />determine, at public auction to the highest bidder for cash in lawful moriey of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasars thereof its good and sufficient deed or daeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recltals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitatfon Trustor, Trustee, or Lender, mey
<br />purchase et such sele. ,
<br />(b1 As may be permitted by law, after deducting all costs, fees end 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) ell aums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not than repaid, including but not Iimited 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) Trusteemay 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 ba entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rfghts end powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any lews now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Oaed 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 thia 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 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 end any other security now or
<br />hereafter held by Lender or Trustee in such order and manner es they or either of them may in their absolute discretion determine. No
<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 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 or hereafter existing at law or in equiry or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lendar pr to which either of them may. be otherwise entitled, may be exerclsed, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of therp may pursue inconsistent remedles.
<br />Nothing in this Deed of Trust shall be conatrued as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an electfon to make expenditures or to take action to perform an obligation of Trustor under this Deed ofi Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declere a default and exercise its rernedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of eny
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paregraph of this Deed of TrusY.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce eny of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court mey adjudge reasonable as ettorneys' fees at trial and upon any appeal. Whether or not eny
<br />court action is involved, end to the extent not prohibifed by law, alf 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 fhe Inde6tedness peyable
<br />on demand and shall bear interest at the Note rate from tha date of the expenditu►e until repaid. Expanses covered by this°peregraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there 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 enticipeted post-judgment collection services, the coat of searching
<br />records; obtalning title reports (including foreclosure reportsl, 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 />law.
<br />Rights of Trustee. Trustee sheli have ali of the rights and duties of Lender as set forth in this section.
<br />POWER3 AND OBLIGATIONS OF TRUBTEE. The following provisions relating to the powers and obligations of Trustee are parti of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee erising as a matter of law, Trustee shell have the power to take the following
<br />actions with respect to the Property upon the writtan request of tender and Trustor. ia) 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; (bi join in granting any easement or creating eny
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the inter,est ot
<br />Lender under this Deed of Trust.
<br />Trustae. Trustee shall meet all qualifications required for T,rustee 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 the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by epplicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, mey 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 offica of the recorder of Hall County,
<br />$tate of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, end 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 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 of the Property, shell succeed to all the title,
<br />power, end duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<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 without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when ectually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with e nationally recognized overnight courier, or, if ineiled, when deposited in the United Stetes mail, as
<br />first class, certified or regfstered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copfe� of notices of fore�losure from 'the holder of any lien which has priority over this Deed of Trust shall be sent to'C�nder's eddress, as
<br />shown near the beginning of this Deed of Trust. Any party mey 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 notice 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 more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Deed of Trust:
<br />Amendmenta. This Deed of Trust, together with any Related Documents, constitutes the entire understending and agreament of the
<br />perties 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 />given in writing and signed by the party or parties sought to be charged or bound by the altaration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />Gertified statement of net operating income raceived from the Property during Trustor's previous fiscal year in such fo�m and detail as
<br />Lender shal1 require. "Net operating income" shall mean all ba'sh reaeipt§ from the' Pro�e'rty less' all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this'Deed'of Trust ara for convenience purposes only and are not to be us6d to interpret or
<br />define the'provisions of this'Deed of Trust.
<br />Merger. There shell be no merger of the interest or estate created by this Deed of Trust with any other interest or eatate in the
<br />Propeny at eny time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
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