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. „ DEED OF TRUST 2 p� 2 0� 9� 3
<br />e f; �, � o � a : ' � � (Continued) �a�e. s ,
<br />, this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust; pledge, lien,
<br />assignment br 'otherwise. IVeifher the acceptance of this Deed of Trust nor Its enfor;cement, whether ; by court
<br />'� `. a'ction or pursUent to the powe� of sale or other powers conteined iri this Deed of Trugt, shalF prejudice or in any
<br />; rrienner affect Trus`kee's or Lender's right to realize upon or enforce any other security, now or hereaTter held by
<br />' Trustee or Lender, it being agread tfia#.?�ustee and Lender, and� each„ of them, shall be entitled_ to enforce this Deed
<br />of Trust and any other security. now or hereafker: held by Lender or.T,rustee iFl such order and manner as they or
<br />either of them may in thei� absolute .discretion defermine. . No remedy conf�rred upon or reserved to Trustee or
<br />Lender, 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 Deed of Trust or now or
<br />hereafter 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 m�y 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 Lbnder,
<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 jud�ment against the Trustor to the extenS such action is permitted by
<br />law. flection 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 obligattion of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />,,; Requeist_for Nottcl: �Tra�stou TEV"star;��d �Lend�r•, Fterehy�q�es�s:�t�tgt a�(i�vbf `��rti� I�d'tic�
<br />. �nd:a copK;of'aay.l�l�tir,tiof Sale�under �fiis Deed of Tri�Y be mailed t�u�hem at t�ie addre,sses �set for,th in �He first
<br />peragrapR of ttiis Deed of Tri`rst., �
<br />Attorneys' fees; F�cpenses. If Lender institutes any suit or action tq enfo�ce eny of the terms of this Deed of
<br />Trust, Lender shall be entitled to recoyer 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 ezctent not prohibited by law, all
<br />� reasonable expenses Lender incurs that in Lender's opinion are neaessary at any time .for ihe protection of its
<br />interest or the enforcement of its rights shall become e part of the bndebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subjeat to any limits under applicable law, Lender's •attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' �fees and expense5 for bankruptcy proceddings
<br />(including efforts to modify or vacate any automatic stay or injunction); appeals, and any anticipated.post-judginent
<br />collection servic,es, the..cos.t of searching records, obtaining title reports (including foreclosufe reports), sunteyors'
<br />reparts, and ,appraisaC fees, title insurance, and fees for the Trustee, to the extent parmitted by applicgble, laarv.
<br />Trusto� also will pay;any eourt costs, in addition to all other sumS pFOVided 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 OBLIGATIDNS OF TRUSTEE. The following provisions relating to the powers and dbligations of Trustee
<br />are part of this Deed of Trust: �
<br />Powers of Trustee. In addition to all powers of Trustee arising as a rhgtter of law, Trustee stiall have the power to
<br />take 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 dedicatipn 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 right to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />d to the full ext�nt provided by applicable law � " '
<br />accordance with an . � ; � � � , ;,�
<br />• - _ . t _ y> .
<br />Successor Trustee. Lender, at Lender's option, may from time �p time appoint a suc�essor Trustee. to any Trustee
<br />,, appointed.:under_t.h_'ls.���d.of,Tfust_by�a�.,i�strumem�rexecuted�ar�d_:enknowledged..��.L�nder�nd.re�orded.in the
<br />office of the recorder of HALL County, State of Nebeaska. 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 successor trustee, without 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 applicable law. This procedure for
<br />substitution of Trustee stiall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this beed of T[ust, including without limitation any notice of default
<br />and any notice of sale shell be given in writing, and shall be effective when actually delivered, when actually �eceived
<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 mail, as first..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 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 party may change its address for notices undet this Deed of Trust by giving formal written
<br />notice to the other parties; specifying that the purpose of the notice is to chenge the perty's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor''s r 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 alteration or amandment.
<br />Annuel Repoets. If the Property is ussd for purposes other than Trustor's residence, Trustor �halh furniah to
<br />Lender, upon request, a certified statement of net operating incbme received from the Property during Trustoc's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the ?roperty less all cash expenditures made lmconnectiorrvrith tNe operstion of the Property.
<br />Caption 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 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 benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governtng Law. Thta Deed of Trust will be governed by federal lew appllcable to Lender end, to the extent not
<br />preempted by federal law, the lews of the State of Nebraska without regerd to its confllcts of lew provlstons. This
<br />Deed of Trust has been accepted by Lender In the Stat� of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Buffalo County, Stete of Nebraska.
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