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��14�15��
<br /> DEE� �3F TRUST
<br /> n No: 2�3893�t� ���17t117u�d� Page S
<br /> either of them may in the�r absoiute discret�an determine. Na remedy conferred upan or reserved �o Trustee or
<br /> Lender, is intended to be exclusi�e of any other remedy in this Deed of Trust or by law pr��ided or permii#ed, but
<br /> each shall be �umulati�e and shali be in additivn to e�ery other remedy gi�en in #his Deed vf Trust or now or
<br /> hereafter existin�at law or in equ�ty❑r by statute. E�ery power ar remedy gi�en by the Note❑r any of the Related
<br /> Dvcuments to Trustee �r Lender or to which ei�her of them may be o�herwise entitled, may be exe�cis�d,
<br /> �vncurrently or independently,from��me to time and as o€ten as may be deemed expedient by Trustee or Lender,
<br /> and either v� them may pursue �ncvnsistent remedies. Nvthing in this Deed of Trus# shal! be cvnstrued as
<br /> prvhibiting Lender from seeking a def�ien�y judgment against the Trustor to#he exten�such action is permitted by
<br /> law.
<br /> Election of R�medies. A�� o� Lender's rights and remedies will be cumulati�e and may be exercised alone ar
<br /> tvgether. �f Lender decides to spend money or tv perForm any o�Trustor's obligations under this Deed of Trust,
<br /> afker Trustvr's failure to do so,tha#decision by Lend�r will not affect Lender's right to declare Trustar in default
<br /> and tv exercise Lender's remedies.
<br /> Request#or Notice. Trustor, on behaif of Trustor and Lender, hereby requests that a capy of any Na�ice of Default
<br /> and a copy of any Notice o�Sale under this Deed af Trus�b�mailed to them at�he addresses set forth in the frrst
<br /> paragraph of this Deed of Trust.
<br /> A#torneys' Fees; Expenses. If Lender insti#utes any suit or actian #o enforc� any of the terms of#his Deed o�
<br /> Trust, Lender shall be entitled to recv�er such sum as the court may adjudge reasonable as attorneys'fees a��rial
<br /> and upon any appeal. VlJhether or nat any court action is in�ol�ed, and to the extent nat prohibi#ed by law, all
<br /> reasanable expens�s Lender incurs tha� in Lender-'s opinion are necessary at any time for the protection vf its
<br /> interest or the en�orcement of its rights sha!!become a par�of�he Indeb#edness payable on demand and shall bear
<br /> interest at the Note ra#e tram the date af#he expenditure unti�repa�d. Expenses co�ered by�his paragraph include,
<br /> withvut I�mitation, howe�er subject to any Itmits under applicab�e law, Lender's attorneys'fees and Lender's legal
<br /> expenses, whether or not there is a �awsuit, inc[uding attorneys' fees and expsnses for bankruptcy proceedings
<br /> �including efforts to modify or�acate any automa�ic stay or injunctEon},appea[s,and any anticipated post judgment
<br /> collec#ion ser�ices, the cost vf searching records, obtaining tit�e reports�including foreclasure repor�s}, surveyors'
<br /> reports, and appraisa� fees, #it�e Ensurance, and �e�s far the Trustee, ta #he exten# permit�ed by applicable law.
<br /> Trustor also will pay any cvurt casts,�n addition�v all o'�her sums provided by law.
<br /> Rights of Trustee. Trustee shall ha�e all of�he rights and duties of Lender as set#a�kh in fhis section.
<br /> �ERS AND�BLIGAT��NS OF TR�STEE. The�ollo►n►ing pro�isions relat�ng to the powers and obligations vf Trustee
<br /> �art of this Deed of Trust:
<br /> Powers of Trustee. tn addition#o al�pawers o�Trustee arising as a matter of law,Trust�e shall ha�e the power to
<br /> take the foE�vwing actions with respect tv#he Property upon the written request of Lender and Trustor: �a}�o�n in
<br /> prepar�ng and fling a map or plat of�he Real Praperty, including the dedication of streets or othe�rights �v �he
<br /> public; tb}join in gran#ing any easement or creating any restriction vn the Real Property; and �c) jQin in any
<br /> subordination or other agr�emen#affecting#his Deed of Trust or the interest af Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addit�on to�he rights
<br /> and remedies set forth abo�e, with r�spect to al� or any part of th� Property, the Trustee shal� ha�e the �ight to
<br /> foreclose by notice and sale, and Lender will ha�e the right tn foreclose by judicial fors�losure, in ei�her case in
<br /> accordance with and to the full exten�pro�ided by applicable law.
<br /> SuccQssa�Trustee. Lender,at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this fleed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of �he recorder of Hal1 Coun�y, State of Nebraska. The ins�rumen� sha11 �ontain, in addifion to al! other
<br /> matters required by state law, the names of#he original Lender, Trustee, and Trustvr, the book and page �vr
<br /> computer system reference} where this Deed of Trust is recorded, and the name and address af the successor
<br /> trustee,and the ins#rument shali be executed and acknawledged by all the beneficiari�s unde�-this Deed of Trust or
<br /> their successors in interest. The successor trustee, withou#con�eyance of the Property, shall succeed to all the
<br /> title, pvwer,and duties conferred upon�he Trustee in this C]eed of Trust and by appiicable law. This procedure far
<br /> subs��tution of T�-ustee shall go�ern ta�he exclusion of al�other pro�isivns for subs�itutian.
<br /> '�CES. Any notice requ�red �o be g��en under this ❑eed of Trus�, inc�uding w�thout limitation any notice of de�ault
<br /> any notice of sale shall be gi�en in wri#ing, and shall be effecti�e wh�n actually deli�ered,when actually recei�ed
<br /> �le�acsimile[unless otherwise required by�aw},when depasited wifh a natEonally recognized o�ernight�ourier,or, i#
<br /> ed,when depnsited in the Un�ted Sta�es mail,as first class, certified or registered mail postage prepaid,direc#ed to
<br /> addresses shawn near the beginning af thEs Dsed of Trusf. A�I capies of no#ices of forec�osure from the holder of
<br /> lien which has pr�arity o�er�his Deed of Trusf shall be sent#a Lender's address, as shown near the beginning of
<br /> Deed af Trus�. Any person may change his or her address for notices under this Deed of Trus� by gi�ing formal
<br /> :en n�tice ta the ather person or persons, specifiying that the purpose of#he no�ice is to change the person's
<br /> ess. For no�ice purpnses,Trustar agrees to keep Lender informed at all times of Trustor's current address. Unless
<br /> �rwise prv�ided vr required by law, it there is more than one Trustvr, any notice gi�en by Lender t�any Trustor is
<br /> ned to be nofice gi�en to all Trus�ors. It wi�l be Trus#or's respvnsib�li�y tv tel!the others of�he notice from Lender.
<br /> :ELLANEDUS PROViSI�NS. The following misceElaneaus pro��s�ans are a par�of th�s Deed vf Trust:
<br /> Amendmen#s. Wha# is wri�en �n �his ❑eed vf Trust and in the Retated Dvcuments is Trustor's entire agreement
<br /> with Lender concernin�#he matt�rs co►rered�y this Deed of Trus#. Tv be effecti�e,any change vr amendment tv
<br /> this Deed vf Trvst must be in writing and must be signed by whoe�er wiil be bvund or obligated by the chang�or
<br /> amendment.
<br /> �aption Headings. Captivn headings in #his Deed of Trust are far con�enience purp�ses only and are nat to be
<br /> used#v interpret ar defns the pro�isions o'f this Deed of Trus�.
<br /> Me�ger. There shall be no merger of fhe interest or es�a�e created by this❑eed of Trust with any other interest vr
<br /> estate in the Property at any time held by or for the benefi�vf Lender in any capacity,without the written consen#
<br /> of Lender.
<br /> Gaverning Law. This Deed of Trust will be go�erned by federat !aw appli�able#a Lender and, to the exten# not
<br /> preempted hy federal law,the laws of#he 5tate vf Mebraska without regard to its conflic#s af law pro�isions. Th�s
<br /> Deed of Trust has been accep�ed by Lender in�he S�a�e af Nebraska,
<br /> Jvint and Se�eral Liability. AI� obl�gations af Borrower and Trustor under this Deed of Trust shall be joint and
<br /> se�eral,and all references tv Trus�or sha�l mean each and e��ry Trustvr,and al!r�ferences�o Borrow�r shall mean
<br /> each and��ery Barrawer. This means tha�each Trustor signing below is responsib�e far all obfigati�ns�n this Deed
<br /> o�Trust.
<br /> No Wai►►er by Lender. Tn.istor understands Lende�wil� na�gi�e up any o�Lender's rights under this Deed vt Trust
<br /> unless Lender does so in writing. The fact that Lender delays or ornits fo exercise any right will not mean tha#
<br /> Lender has given up that righ�. If Lender daes agree in wri#ing tv g��e up one of Lender's rights, #hat does not
<br /> mean Trustar wiii not ha�e#o �omply with the other provisions of this Deed of Trust. Trustvr also understands
<br /> that i�Lender does consen�to a request, that dves not mean that Trustor will no# ha�s tv get Lender's consent
<br /> again if the situa�ian happens again. Trustor further understands that just because Lender consents to one or more
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