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201201715
<br />DEED OF TRUST
<br />(Continued) Page 6
<br />hereaiter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be othervvise entitled, may be exercised,
<br />concurrenUy or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies.. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment ag�ainst the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to pertorm, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request ior 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 flrst
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender 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 attomeys' fees at trial
<br />and 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 Lenders opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragreph include,
<br />without limitation, however subject to any Ifmits under applicable law, Lender's attomeys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment
<br />collection services, the cost of searching records, obtaining tiUe reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, tiUe insurance, and fees 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 law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and oblfgations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br />take the following actfons with respect to the Property upon the written request of Lender and Trustor. (a) join in
<br />preparing and flling 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 Real 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 />Trustee. Trustee shalt meet all qualffications required for Trustee under applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shatl have the Mght to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judicfal foreclosure, in eRher 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 />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addRion 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 successor trustee, without conveyance of the Property, shall succeed to all the
<br />tiUe, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee 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 Iimitation any notice of default
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless othervvise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as flrst class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure nom the hoider of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginn(ng of
<br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustors current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the aiteration or amendment.
<br />Annual Reports. If the Property is used for purpose: other than Trustor's residence, Trustor shall fumish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />recefpts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Captlon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or este�te created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Applicable Law. The Loan secured by this Ilen was made under a United States Small Business Administration
<br />(SBA) nationwide program which uses tax dollars to asslst small business owners. If the United States is seeking
<br />to enfo�ce this document, then under SBA regulations: (a) When SBA Is tha holder of the Not�, this document and
<br />all documents evidencing or securing this Loan will be construad in accordance wlth fed�rel law. (b) Lender or
<br />SBA may use local or state procedures for purposes such as flling papers, racording documents, giving notice,
<br />foreclosing Ifens, and other purposes. By using these procedures, SBA does not waive any federal immunity from
<br />local or state control, penalty, tax or Iiability. No Bonoa�er or Guarantor may clalm or assert against SBA any local
<br />or state law to deny any obllgaUon of Borrower, or defeat any clalm of SBA with respect to this Loan. Any clause
<br />in this document requlring arbltratlon is not enforceable when SBA is the holder oi th� Note secured by thls
<br />instrument,
<br />Cholce of Venue. If there is a lawsuft, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Llabllity. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
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