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��14�1�74
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<br /> C�EED �F TRUST
<br /> ����1t1 n u�t�� Page 7
<br /> Deed of Trus�shall be Gonstrued as prohihiting Lender firom s�eking a deficiency judgment against the Trustor to
<br /> �he extent such actian is permitted by law.
<br /> El���ion o� Remedies. A11 0� Lender's rights and remedies will be cumulati�e and may be exercis�d alvne or
<br /> �ogether. If Lender decides to spend maney or�a pe�fo�m any of Trustor's abiigations under th�s D�ed �f Trus#,
<br /> a�ter Trustor's �ailure#❑ do so, that decision by Lende�wi�l not affect L�nder's righ#to declare Trus#or in defaul�
<br /> and to exercise Lender's remedies.
<br /> Request for NQtice. Trustor, an behalf o�Trustor and Lender, he�-eby requests that a copy of any Notice of❑efault
<br /> and a copy o�any Nv�ice of SaCe under this ❑eed of Trust be mailed to them at the addresses se�for�h in the first
<br /> paragraph of�his ❑eed of Trus�.
<br /> A#to�neys' Fees; Exp�nses. �f Lender institu�tes any suit or action ta enforce any o�the terms of th�s Deed of
<br /> Trus�, Lender shall be entitled to reco�er such sum as�he cvurt rnay adjudge reasonable as attorneys'fees at trial
<br /> and upan any appeal. Whether vr not any court ac�ion is in�ol�ed, and t� the extent na� prohibited by law, all
<br /> reasonab�e expenses Lender incurs tha� in Lender's opinion are necessary at any t�me for the protec�ion o� its
<br /> interest or the enforcement of its rights shall bec�me a pa�t of the �ndebt�dn�ss payable on demand and shall bear
<br /> in�erest a# the�Credit Agreement raf� �'rom the date of the expendi�ure until repaid. Expenses ca�ered by this
<br /> paragraph include, without�imitation, howe�e�-subject�o any limits under app�icab�e law, Lender's attorneys'fees
<br /> and Lender's legal expenses, wheth�r or not there is a lauvsuit, including atfiarneys' fees and �xpenses �or
<br /> hankrupt�y proceedings �inc�uding e�forts'�o modify ar�acate any aufomatic s#ay or injunction}, appeals,.and any
<br /> anticipated post�udgment collec�ion setv�ces, the cost of searching records, obtainin� �itle repar�s �inc[uding
<br /> forec�osure reports}, surveyors' repor�s, and appraisa� fees, title insurance, and fees for the Trustee, �a the extent
<br /> permitted by app�icable law. Trustar also wili pay any caur�costs,in�ddi�ion to al9 other sums pr��ided hy law.
<br /> Rights o�Trustee. Trustee shal[ha�e a�l o�the rights and duties af Lender as set for�h in this sect�on.
<br /> P��IV'ERS AND �BLlGAT�DNS�F TRUSTEE. The fa�low�ng pra�isians relating to the powers and obliga�ions o�Trustee
<br /> are part vf th�s Deed o�F Trust:
<br /> Pow�rs of Trustee. In addition to all pQwers of Trustee arisin�as a ma��er of law, Trustee shal! have the power t�
<br /> take the follnwing actians with respect to the Properky upon the written request of Lender and Trusto�: �a}join in
<br /> preparing and filing a map or pla� flf th� Real Property, including the dedication af streets vr other righ�s �o the
<br /> public; �b} jain in granting any easement o� creating any restriction on the Rea� Property; and �c} jo�n in any
<br /> subordinatian or other agreement afFecting this Deed of Trust ar th�int�rest of Lende�-unde�-this❑eed of Trus�.
<br /> Trustee. Trustee shall meet all qua�ifica�ions required for Trustee under applicable law. [n addi�ion to the rights
<br /> and remedies set forth abo�e, wi�h respect ta all or any par� of the Property, the Trustee shall ha�e the r�ght to
<br /> foreclos� by notic� and sale, and Lender will ha�e the right #o foreclose by�udicial foreclosu�e, in either case �n
<br /> accardan�e wi�h and to�he full extent pro�ided by app�icab[e law.
<br /> Successor Trus#ee. Lender, at Lender's vptivn, may f�om�ime to�ime appoint a successor Trustee to any Trustee
<br /> appointed under this Deed ofi Trus# by an instrument executed and acknowledged by Lender and recorded in the
<br /> office vf the �ecorder of HALL County, S�ate o#� Nebraska. The instrum�nt shal! cantain, in addi�ian to all v�her
<br /> matters required by s�ate �aw, the names vf the original Lender, Trustee, and Trustor, the book and page �or
<br /> cvmputer system referen�e} whe�-e this Deed o�Trust �s recorded, and the name and address ofi the successor
<br /> trustee, and�he ins�rumen�shall be executed and acknowledged by alf the beneficiar�es under this Deed of Trust or
<br /> their successors in interes�. The suc�ess�r trustee, without conveyan�e of the Property, shal� succeed �o al� the
<br /> t�tle, power,and dut�es conferred upon�he Trustee in �his deed of Trust and by app[icab�e�aw. This procedure�or �
<br /> substitution af T�us�ee sha�l go�ern to the ex��usion of all other pra�isians�or subs�itutia�.
<br /> NDTI�ES. Any notice required to be gi�en under this Deed of Trust, including withvut limita��an any no��ce of defau[t
<br /> and any no�ice o�F sale sha[I be gi�en in writing, and shall �e eff�cti�e when actually d�l��ered, when ac�ually received
<br /> by telefacsimile€unless o�henlvise required by law},when deposited wi�h a nationally recagnized o�ernight caurier, ar, �f
<br /> mailed,when deposit�d in the United States mail, as first class, cer��fied or r�gistered mail postage prepaid, dire�ted�v
<br /> the addresses shown near the beginning a�this Deed �f Trust. AI� c�pies of notices o�foreclosure��om the holder ofi
<br /> � any lien which has priority over this Deed af Trus� shall �e sent to Lender's address, as shawn near the b�ginning of
<br /> t�`lE5 Deed o�F Trust. Any person may change h�s or her address for notices under this Deed of Trus� by gi�ing f�rmal
<br /> written r�atice �v the o#her person ❑r persons, specify�ng that the purpose af the notice is ta change the p�rson's
<br /> address. For no#ice purposes, Trus#or agrees to keep Lender informed at all times of Trustar's current address, Unl�ss
<br /> otherwise prov�ded nr required by law, if�here is more�han one Trus�ar, any no�ice gi�en by Lender�o any Trustor is
<br /> deemed ta be na#ice gi�en to a�l Trustars. It wEll be Trustor's responsibility ta�ell#he athers o�fi the notice�rom Lender.
<br /> IVIISCELLANEDLIS PRqVISIqNS. The��Ilowing miscellaneous pro�is�ons are a part of#his Deed af Trust:
<br /> Amendmen#s. Wha# �s wrif�en in this Deed of Trust and in the Rela�ed Documents is Trus�tor's entire agreernent
<br /> with Lender concerning the matters cv�ered by�his Deed of Trust. To be effeGti�e, any change or amendmenfi to
<br /> this �3eed o�Trust must be in writing and mus� be signed by whoe�er will be bound or obligated by#he change or
<br /> amendmen�.
<br /> Cap�ion Headings. Caption headings in this Deed of Trust are for con�en�ence purposes onfy and are not to be
<br /> used to interpret or def ne#he pro�isions a�th�s Deed of Trus�.
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