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DEED OF TRUST � p i 2 0171 �
<br />(Continued) Page 6
<br />deemed expedfent by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br />Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br />the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and rem�ies will be cumulative and may be exerdsed alone or
<br />together. If Lender deddes to spend money or to pertorm any of Trustor's obligat(ons under this Deed of Trust,
<br />after Trustor's failure to do so, that d�ision by Lerrcler 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 flrst
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender institutes any suit or actfon to enforce any of the terms of this Deed of
<br />Trust, Lerider shall be entitled to re�ver such sum as the court may adjudge reasonable as attomeys' fees at trfal
<br />ar�d upon any appeal. Whether or not any court action is involved, and to the extent not prohibked by law, all
<br />reasorrable expenses Lender incurs that in Lender's opinion are neoessary at any time for the protection of its
<br />interest or the enforc�ment of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by th(s
<br />paragraph include, without Umitation, however subject to any limits under applicable law, Lender's attomeys' fees
<br />and LendePs legal expenses, whether or not there is a lawsuit, induding attomeys' fees and expenses for
<br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
<br />anticipated post judgment collection services, the cost of searching re�rds, obtaining title reports (including
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trust�, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have ail of the rights and dudes of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The foilowing provisions relating to the powers and obligations 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 follow(ng 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 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 shall meet all qualifications 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 shall have the rfght to
<br />foreclose by notice and sale, 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 ftom time to time appofnt a sucxessor 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 addiNon to all other
<br />matters required by state law, the names of the or(ginal 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 beneflciaries under this Deed of Trust or
<br />their successors (n interest. The successor trustee, without conveyance of the Properly, shall succeed to all the
<br />title, power, and dutles conferced upon the Trustee in this Deed of Trust and by epplicable law. This procedure for
<br />substituUon of Trustee shall govem to the exclusion of all other provisions for subsdtution.
<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 g(ven in writing, and shall be effective when actually deliver�, when actually received
<br />by telefacsimile (unless otherwfse required by law), when deposited with a nationally recognized ovemight courier, or, if
<br />mailed, when deposited in the United States mail, as flrst class, certifled 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 from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed 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 persons, speciying 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 times of Trustor's curcent address. Unless
<br />othervvise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all 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 fs wr(tten fn this Deed of Trust and in the Related Documents is Trustor's entire agr�ment
<br />with Lender conceming the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<br />Captlon Headings. Captlon 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 thfs Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the beneflt of Lender in any capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicta of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurlsdic8on of the
<br />courts of Hall Counry, State of Nebraska.
<br />Joint and Several Uability. Ali obligations of Trustor under this Deed of Trust shall be joint and several, and ell
<br />referenc�s to Trustor shall mean each and every Trustor. This means that eac� Trustor signing below is
<br />responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br />unless Lender daes so in writing. The fact that Lender delays or omits to exercise any right will not mean that
<br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
<br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br />that if Lender does consent to a request, that does not mean that Trustor w111 not have to get Lender's consent
<br />again if the situatlon happens again. Trustor further understands that just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of TrustoPs future requests.
<br />Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severabillty. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br />fact by itself will not mean that the rest of this Dead of Trust will not be valid or enforcc�d. Therefore, a court will
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