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<br /> DEE� �F �RUST
<br /> �Cantinued} Page 6
<br /> each shall bs �umulati�e and shall be in add�tion to e�ery vther rem�dy gi�en in this Deed vf Trust vr now or
<br /> hereafter existing at�aw vr in equity or by statute. E�ery power ar remedy gi�en by the N�te or any of the Related
<br /> Dv�uments tv Trustee or Lender vr t� which eith�r of them may be otherwise entitled, may he exercised,
<br /> concurrently vr independent[y, from time tv time and as vften as may be deemed expedien� by Trustee ar Lender,
<br /> and either vt them may pursue inconsistent remedies. Nothing in this Deed of Trust shal� b� cvnstru�d as
<br /> prvh;hiting Lender from seeking a de�iciency judgment against the Trustvr to the extent such action is permitted by
<br /> �aw. Ele�tian by Lender t❑ pursue any remedy sha�l not exclude pursuit of any other remedy, and an eiection to
<br /> make expenditures ❑r to take action ta pertorm an ob�igation o# Trustvr under this ❑eed vf Trust, a#ter Trustvr's
<br /> failure ta perform, shall not affect Lender's right tv declare a dsfaul#and exercise its remedies.
<br /> Rgquest for Na#ice. Trus�or, on heha��of Trustor and Lender, her�by r�quests that a copy vf any Notice v#Default
<br /> and a cvpy of any Not�c� �fi 5ale under this Deed of Trust he maiEed t❑ them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees: Expenses. If Lender �nstitutes any suit ar a�tion to enfvr�e any of the t�rms of this ❑eed of
<br /> Trust, Lender sha�f he entitied to reco�er such sum as the court may ad}udge reas�nable as attvrneys' fees at trial
<br /> and upon any appeal, Wh�ther or not any court a�tivn i5 �n�ol�ed, and tv �he extent not prohibited by law, all
<br /> reasvnable expenses Lender incurs that in Lender's vpinion are necessary at any time fvr �he prvtectivn of its
<br /> interest or the enfvrcement of its rights shall become a part of the �ndebtedness payable vn demand and sha{I bear
<br /> interest at the Note rate fr�m the date vf the expenditure unti� repaid. Expenses�o�ered by this paragraph include,
<br /> wi�hvut limitation. hvvue�er subj�ct to any limi�s under applicat�le law, Lender's att�rneys' fees and Lende�'s I�gal
<br /> expenses, whether or not there is a lawsuit, in�luding attorneys' fees and expenses fvr bankruptcy proceed�ngs
<br /> �including ef#orts t❑ modify ar�acate any automatic stay❑r injun�tion�, appeals. and any ant�c�pat�d post-judgment
<br /> coll�cti�n s�r�ices, the cost of searching records, obtaining title reports tinc�uding forecfosur� reports�, sur�eyvrs'
<br /> repvrts, and appraisal fees, tit�e insurance, and fees for the Trustee, #o the ext�nt permitted by applicable �aw.
<br /> Trustor also wi11 pay any�ourt�vsts. in additian to all other sums pro�ided by law.
<br /> Righ#s nf Trustee. Trustee shall ha�e all of the rights and duties af Lender as set fa�th �n this sect�on.
<br /> PDWERS AND ❑BLIGATI�NS �F TRUSTEE. The following pro�isions rela�ing tv the powers and abfigations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers ot Trustee. In addition to all powers af Trustee arising as a matter vf law, Truste� shali ha�e the power to
<br /> take the foi�owing actions with respect to th� Property upan the written request vf Lender and Trustor: �a� join in
<br /> preparing and �iling a map �r piat �f the Reai Prop��ty. �nciuding the dedication ❑f streets or other rights to the
<br /> public; �by join in granting any easement or creating any restrictivn vn the Rea� Property; and �c� jvin in any
<br /> su�ordination vr vther agreement affecting this Deed vf Trust�r the interest of Lender under this ❑eed of Trust.
<br /> Trustee. Trustee shall meet all quafifiicati�ns required fvr Trustee under applicable law. ln addition to the rights
<br /> and remedi�s set fvrth above, with respect t❑ a!1 or any part vf the Prvperty, the Trustee shall ha�e the r�ght to
<br /> #orec��se by notice and sale, and Lender shall ha�e the right to fvre�lvse by judicia[ forec�osure, in e�ther case in
<br /> accordance with and to�he full extent pro�ided by applicable law.
<br /> 5uccessvr Trustee. Lender, at Lender's ❑ptivn, may from time to time appoint a su�cessor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an tnstrument executed an� acknowledged by Lender and recarded in th�
<br /> v�#�ce of the �ecorder of Half County, 5tate vf Nebraska. The instrument shall contain, �n additivn to all ❑ther
<br /> matters required by state law, the names of the orig�nal Lender, Trustee, and Trustor, the bovk and page tar
<br /> computer system reference� where this �eed vf Trust is record�d, and ths name and address of the su�cessor
<br /> trustee, and the instrument shall be executed and acknvwledgsd by a!!the �enefi�iaries under this D�ed o�Trust or
<br /> , their su�cessvrs in interest. The successor trustee, without cvn�eyance ❑f the Prvperty, shal� succ�ed ta al� the
<br /> title, pvwer, and duties cvn�erred upon the Trust�� in this De�d vf Trust and hy applicable iaw. This p�flcedure far
<br /> substitutivn vf Trustee shaft gavern ta the exciusion o�a�l ather p�o�isions for substitution.
<br /> N�TlCES. Any natice required ta be gi�en under this �eed of Trust, inc�uding withou� limitativn any notice vf default
<br /> and any nvtice ot sale shall be gi�sn in writing, and shai� be �ffecti�e when a�tuaily deli�ered, when actually recei�ed
<br /> by#elefacsimike �unless ❑th�rwise requir�d by law�, when deposited with a nationa[�y recvgnized ❑�ernight cvurier, o�, if
<br /> mailed, when depvsited in the United States maif. as �irst class, c��tifi�d or r�gist�r�d mail postage p�epaid, dire�ted to
<br /> the addresses shvwn near �he beginning vf this �7eed ❑f Trust. Al� copies of no�ices vf forec�osure from the holder vf
<br /> any iien which has privrity o�er this ❑eed of Trust shall be sent to Lender's address. as shown near the beginning vf
<br /> this Deed ot Trust. Any party may change its address �or notices und�r this Deed ot Trust by gi�ing formal wr�tten
<br /> natice to the other pa�ties. spe�+fying that the purpos� o� the nvtice is tv change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informsd at all times ❑f Trustor's curr�nt address. Unless vtherwise prflvided
<br /> vr required hy law, if there is more than one Trustor, any notice gi��n by Lender t❑ any Trustvr is deemed �v be notice
<br /> gi�en to all Trustors.
<br /> ADDIT��NAL �DVENANT. Trustvr co�enants and agrees with Lender that whi�e this De�d of Trust is in effect, Trustor
<br /> shail n�t, withvut the prior written cvnsent ❑� Lender, se�l, transfer, m�rtgage, assign, pledg�, leas�, grant a security
<br /> interest in, ❑r encumber the Prvperty.
<br /> MISCELLANE�US PR�V�SI�NS. The fvllowing miscellaneous pr��isi�ns are a par#�f this Deed vf Trust:
<br /> Amendments. This [3eed v#Trust, tog�th�r with any Related ❑ocuments, constitut�s the entire understanding and
<br /> agreement ❑f th� pa�-ties as ta the mat�ers set forth in this Deed of Trust. No a�terati�n o� vr amendment to this
<br /> D��d vf Trust sha�� be effecti�e unless gi�en in writing and sign�d by the party or parties s�ught tv be charged ar
<br /> baund by th� afteration or amendm�nt.
<br /> Annual Repor#s. If the Property is used #or purposss �th�r than Trustvr's residence, Trustvr shalf furnish tv
<br /> Lender, upvn rsquest, a certi#ied statement of n�t nperatFng income recei�ed from the Prop�rty during Trustar's
<br /> pre�ious fis�aE year in such form and d�tail as Lender shall require. "Net operating �ncame" shall mean all cash
<br /> receipts from the Praperty less all cash exp�nditures made in connection with the operation of the Property.
<br /> Caption Headings. Caption headings in this Deed ❑# Trust are for con�enience purpvses vn[y and are not to be
<br /> used to interpret vr define the pro�isions af this ❑eed vf Trust,
<br /> Merger. There shall be nv merger vf the interest❑r�state created by this Deed af Trust with any vther interest or
<br /> estate in the Property at any time he�d hy vr for the bene#it of L�nder in any capa�ity, rrvithout the written cvnsent
<br /> of Lender.
<br /> Gv�erning Law. This �eed o� Trust wi�t he goWernsd by federa� !aw appiicahle to Lender and, to the extent no#
<br /> preempted hy federai law,the laws vf the Sta#e vf Nebraska without regard to i#s conflicts nf�aw pru�isivns. This
<br /> Deed of Trust has heen a�cepted by Lender in the 5tate of Nebraska.
<br /> �hoice of Venue. If there is a lawsuit, Trustar ag�ees upan Lender's request to submit to the jurisdiction of the
<br /> �vurts o#Dvuglas �vunty, S�a�e vf Nebraska.
<br /> Joint and Se�eral Liability. All ❑��Egations ❑� Borrower and Trustor under this Deed of Trust sha�� be j�in� and
<br /> se�erai, and aff references t❑ Trustor shall mean�ach and e�ery Trus#or, and all references ta Borrower shall mean
<br /> each and e�ery Borr�wer. This means that each Trustor signing below is r�sponsible for all �bligatians in this Deed
<br /> v#Trust.
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