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Losn No: 128180
<br />20�1�5G��
<br />DEED OF TRUST
<br />(Continued}
<br />Page 5
<br />of sale. Trustee shell deliver to such purchaser or purchesers thereof its good and sufficient deed or
<br />deeds conveyfng tfie property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulnass thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchese at such sale.
<br />ib) As may be permitted by lew, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, includ'+ng casts of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the te�ms of the Nota
<br />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hareby, and (iiil the remeinder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in tha mannar provided by !aw postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustea and Lender, end each of them, shall be entitied to enforce payment and
<br />perfarmance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by morCgege, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers contained in this Deed af 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
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustea in such osder and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee ar
<br />Lendar, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy given in this Dsad of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every pawer or remedy given by the Note or any ot the Related
<br />Documents to Trustee or Lender or to which either of them mey be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lendar,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lendar from saeking e deficiency judgment against the Trustor to the extent such action is permitted by
<br />law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br />together. if Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br />after Trustor's failure to do so, that dacision by Lendar will not affect Lender's right to declare Trustor in default
<br />and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lende� institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br />end upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />lnterest or the enforcement of its rights shall become a part of the Indebtedness payable on demend and shall bear
<br />intarast at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject ta any limits under epplicable law, Lender's attorneys' fees and Lender's legel
<br />expenses, whether or not there is a lewsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts ta modify or vscate any automatic stay or injunction), appeats, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports►, surveyors'
<br />reports, and appraisal fees, title insurence, end tees for the Trustee, to the extent permitted by applicable law,
<br />Trustor also will pay any court costs, in addition to all other sums provided by lew.
<br />Rights of Trustee, Trustae shell have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLlGAT10NS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In additlon to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br />teke the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Reai Property; and (c) Join in any
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trusiee. Trustee shall meet aN qualifications required for Trustee under applicable lew. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of Yhe Property, the 7rustee shall have the right to
<br />foreclose by notice and sele, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in the
<br />offica of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The succassor trustee, withaut conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by appliceble law. This procedure for
<br />substitution of Trustee shaff 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 I(mitation any notice of default
<br />and any notice of sale shall be given in writing, and shall ba effective whan actually delivered, when ectually received
<br />by telefacsimile (unless otherwise required by law►, when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mafl, as first ctass, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Dead of Trust. All copies of notices of foreclosure from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, es shown near the beginning of
<br />this Daed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br />written notice to the other person or persans, specifying that the purpose of the notice is to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lender informed at all tlmes of Trustor's current eddress. Unless
<br />otherwise provided or required by lew, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to ell Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and In the Related Documents is Trustor's entlre agreement
<br />with Lender concerning the matters covered by this Deed of 7rust. 7o be effective, any change or amendment to
<br />this Deed of Trust must be in writing and must ba signad by whoever will be bound or obligated by the change o��
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