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<br />DEED OF TRUST
<br />(Continued)
<br />201�0404�
<br />Page 5
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<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 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, at 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 shell apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of 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 Proparty.
<br />�medies Not Euclusive. Trustee and Lender, and each of them, shall ba entitled to enforce payment and performance of any
<br />iebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />ite, under any of the Related Documents, or under any other egreement or any laws now or hereafter in force; notwithstanding,
<br />me or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />iether 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 />�nner 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 />ing 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 />reafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />nedy 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 />v 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 />w 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 />Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />�thing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />tent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />quest for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />tice 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 />torneys' Fees; F�cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />titled to recover such sum as the court may adjudge reasonable as attorneys" fees at trial and upon any appeal. Whether or not any
<br />urt action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />oessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />lude, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />iether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />:ate any automatic stay or injunction), appeals, and any anticipated postyudgment collection services, the cost of searching
<br />;ords, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />istee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWE AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed Trust:
<br />P 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 />a ions 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 />t Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />r triction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />L der under this Deed of Trust.
<br />T stee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />f 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 />s II have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />S cessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />t Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />S te of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />L der, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />a address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />o rust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />p er, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />s II govern to the exclusion of all other provisions for substitution.
<br />NOTIC . Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale s II be given in writing, and shaii be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />requir by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first cl s, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies 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 />shown 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 />writte otice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees o keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than o Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCEF�.ANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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