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DEED OF TRUST 2 p� 2 p 5 2 3 6
<br />'d � �" � � " (Continued) Pa9e s
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, ahall be entitled to enforce payment and
<br />performance of any indebtedness or obligetiona secured by this Deed of Trust and to exercise ell rights end powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br />any lews 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 mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the ecceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers conteined in this Deed of 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 herea�ter 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 Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred 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 shatl 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 statu4e. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which e(ther of them may 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 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 against the Trustor to the extent such action is permitted by
<br />lew. 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 perform, shall not affect Lender's right to declere a default and exercise its 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 Sele 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 />Attomeys' Fees; Expenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum es 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 />reasoneble expenses Lender incurs that in Lender's opinion are necessery at any time for the protection of its
<br />interest or the enforcement of its rights shalt become a part of the Indebtedness payable on demand end shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. F�cpenses covered by this paragraph include,
<br />without Iimitation, however subject to any limits under applicabte law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />Uncluding efforts to modify or vacate any eutomatic stay or injunctton), appeats, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining tttle reports (including foreclosure reports), surveyors'
<br />reporta, and appraisel fees, title insurance, end 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 obligations of Trustee
<br />ere part of this Deed of Trust:
<br />Powers of Trustee. In additlon to all powers of Trustee erising as a matter of law, Trustee shall 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 Properry, including the dedication of streets or other rights to the
<br />public; (b) join in granting eny easement or creating any restriction on the Real Properry; 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 qualitications required for Trustee under applicable law. In additfon 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 shell have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with end to the full extent provided by appliceble 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 end acknowledged by Lender and recorded in the
<br />office of the recorder of Hell County, State of Nebraska. The instrument shall contain, in addition to all other
<br />metters 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 ell 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 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 limitation any notice of default
<br />and eny notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by lewl, when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, es first class, certified or registered mail postage prepaid, directed to
<br />the eddresses 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 under this Deed of Trust by giving formel 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 Trustor's 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 />Amendmerrts. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />egreement 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 writfng and signed by the party or parties sought to be charged ar
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shell furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Properry during Trustor'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 Properry less all cash expenditures made in co�nection with the operation of the Property.
<br />Ceptlon Headings. Caption headings in this Deed of Trust ere 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 tfie Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed 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 conflicts of law provisions. This
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