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��14�3�1�
<br /> []EED �F TRUST
<br /> �Cont�nued} Page �
<br /> ❑f Trust and any vther security now or hereafter held �y Lender or Trus�ee in su�h order and manner as they ar
<br /> either of them may in their absolute discretivn determine. Nv remedy cvnferred upon ❑r reser�ed t❑ Trustee or
<br /> Lender, is intended to be �xclus��� of any other remedy in this Deed of Trust ❑r by law pro�ided or permitted, but
<br /> each sha�1 he cumulati�e and shali be in addit+on tv e�ery vther remedy g��en in this Deed of Trust or nvw ar
<br /> hereatter existing a�law or in equity ar by statute. E�ery power or remedy gi�en by the Nvte�r any o�the Reiated
<br /> ❑ocuments to Trustee ❑r Lend�r or to wh�ch either vf them may be ❑therwise entitled, may be exer�ised,
<br /> concurrently or independen#ly, frvm t�me tv tims and as often as may be deemed expedient by Trustee vr Lend�r,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed ot Trust shall be construed as
<br /> prohibiting Lender from seeking a de#�ciency�udgment agains�the Trustor t�the ext�nt such action is permitted by
<br /> law. Electivn by Lend�r tv pursue any remedy shall nvt exclud� pursuix of any other remedy, and an elec�ian t❑
<br /> make expenditur�s vr tv take action to perform an ob�igation ❑f Trustor under this De�d of Trust, aft�r Trustar's
<br /> failure to p�rform, shall nat af#ect Lender's �ight to declare a defauit and exercise its remedies.
<br /> �equest for Notice. Trustor, on behalf of Trustar and Lender, hereby reques�s that a cvpy vf any Natice afi �e�au�t
<br /> and a �opy o�any Nvtice of Sale under this �eed o�Trust be mailed ta fihem at the address�s set forth in the f�rst
<br /> parag�aph vf this Deed of Trust.
<br /> Attorneys� F@B5; Expenses. !f Lender institutes any suit or action to en#orce any ❑f the terms of this ❑eed of
<br /> Trust, Lender shall be entitfed t� r�co�er such sum as the court may adjudge r�asanable as attvrn�ys' fees at trial
<br /> and upon any appeal. Whether or not any �ou�t action �s in�of�ed, and t� the extent not prvhibited by [aw, a�l
<br /> reas�na�ie expenses Lender inGurs �hat in Lender's opini�n are necessary at any tim� �or th� protection ❑f its
<br /> interest or the enfvr��ment of its rights shall becvme a part of the Indebtedness paya�ie on demand and sha1� bear
<br /> interest at the fVote rate from the date ❑f the expenditure untii repaid. Expenses co�ered by this paragraph include,
<br /> without limitatian, howe�er suhject to any limits under app�ica�le law, Lender's attorn�ys' fees and Lender's legai
<br /> expenses, whe#her vr nvt there is a �awsuit, including att�rneys' fees and expenses #or hankruptcy proceedings
<br /> tinciuding efforts to modity or�acate any automatic stay or in�unctiony, appeals, and any anticipated past-�udgment
<br /> col��ctivn ser�ices, #he cost af sear�hing re�ords, obtaining title reports �including fvrecl�sure repvrts�, sur�eyors'
<br /> reports, an� appraisa� fees, title insurance� and fees tor the Trustee, to the extent perm�tted by applicahle law,
<br /> Trustvr als❑will pay any�ourt costs, in addition to all other sums pro�ided by iaw,
<br /> Rights vf Trustee. Trustee sha�i ha�e a11 of the rights and duties ❑f Lender as set#arth in this se�tion. .
<br /> P�WERS AND �BLfGATIONS �F TRUSTEE. Th� foliawing pro�isions re�ating tv the powers and ohiigations af Trustee
<br /> ar� part of thts Deed of Trust:
<br /> Powers of Trustee. ln addit�vn t� all powers o#Trustee arising as a matt�r❑�faw, Truste� shall ha�e the pawer to
<br /> take the fo�lvwing actions with respect to the Property upon the written request vf Lender and Trustor: �a� join in
<br /> preparing and fi�ing a map or p�a� of the Real Property, including the dedication of streets or other rights tv the
<br /> pu�lic; �b� join in granting any easement or �reating any restriction on the Rea� Pr�p�rty; and �c} jain in any
<br /> subvrdinativn or other agreement affe�ting th�s Deed of Trust or th� interest af Lender under this Deed vf Trust.
<br /> Trustee. Trustee shall meet ali qualifications required for Trust�e under applicable larrv. In addition tv the rights
<br /> and remedies set f�r#h abv�e, with respect tv aE� or any part vf the Property, the Trustee sha[� ha�e the right to
<br /> fvreclose by notic� and safe, and Lender sha�l ha�e the right tv fvrec�ase by judicial foreclosure, in either case in
<br /> accordance with and ta the�ul� extent prv�id�d by app��cab�e law.
<br /> Su�cess�r Trustee. Lender, at Lender's option, may frvm tEme ta tim� appa�nt a success�r Trustee to any Trustee
<br /> appvinted under this D��d �f Trust by an instrumen# executed and acknowledged by Lender and rec�rd�d in the
<br /> office ❑f the record�r of HaEI Coun�y, State of N�braska. The instrument shall cvntain, in addition to all other
<br /> matters required by state Iaw, the names of ths original Lender, Trustee, and Trustor, th� book and page �vr
<br /> c�mputer system referencey where this Deed of Trust is reCvrded, and the name and address o� the successvr
<br /> truste�, and the instrument shall be executed and acknawiedged by all the beneficiaries under this Deed of Trust or
<br /> their su�cessors in interest. The successor trustee, without con�eyance of th� Prvperty, shall succeed tv all the
<br /> title� pawer, and duties conferred upan the Trustee in this Deed❑�Trust and lay applicable law. This procedure fvr
<br /> suhstitutian of Trustee shall ga�ern to the exclusion af all other prv�isivns far substitution.
<br /> ti
<br /> NDTICES. Any notice required tv be gi�en under this Deed of Trust, including without limitatian any natice of defau�t
<br /> and any nvtice v� saEe sha�� �e gi�en in writing, and sha�� be effecti�e when actually deli�ered, when actually recei�ed
<br /> by telefacsimile �unless vtherwise required by law�, when deposited with a natianally recvgnized o�ernight �our�er. or, ifi
<br /> maiied. when depvsited in the �nited States mail, as first class, certified ❑r registered mail pvstage prepaid, directed to
<br /> the addresses shv►rvn near the beginning af this aeed of Trust. A�1 capies of notices vf forecEosure fr�m �he hoEd�r vf
<br /> any fien whE�h has priority o�er this Deed of Trust shall be sent tv Lender's address, as shawn near the beginning of
<br /> this Deed of Trust. Any party may change its address for noti�es undsr this ❑eed of Trus� �y gi�ing formaf wri�ten
<br /> nvtice to the other parties, specifying that the purpose ❑# the notice is tv change the party's address. Fvr n�tice
<br /> purposes, Trustor agrees ta keep Lender in#armed at all tim�s ❑f Trustor's �urrent address. Un�ess otherwise �ro�id�d
<br /> or required by law, if there is more than �ne Trust�r, any notice gi�en by Lender t❑ any Trustor is deemed to be natice
<br /> gi��n to aif Trustors.
<br /> ADDITiDNAL C�VENANT. Trustor co�enants and agrees with Lender that while this Deed of Trust is in effect. Trustvr
<br /> shafl n�t, withaut the prior written consent of Lender, sefl, transfer, mv�tgage, assign. pledge. f�ase, grant a security
<br /> interest En, or encumher the Prope�ty.
<br /> MISCELLANE�US PR�V�SIDNS. The fv�fawing m�scellanevus pro�isions are a part vf this Deed ot Trust:
<br /> Amendments. This Deed of Trust, tvgether with any Related {]ocuments, cvnstitutes the entire understanding and
<br /> agreement vf the part�es as tv the matters set forth in this Deed af Trust. No atterativn of or amendment to this
<br /> Deed vf Trust shall b� effecti�e unless gi�en in writing and signed �y the party or parties s�ught to be �harged or
<br /> bound by the afteratian ar amendment.
<br /> Annual Reports. If the Pr�perty is used fvr purpvses ather than Trustar's residence, Trustor sha�i furnish tv
<br /> Lender, upvn request, a certified statement af net operating income recei�ed frvm the Prvperty during Trustvr's
<br /> pre�ious fiscai year in such fvrm and d�tai[ as Lender shall require. "N�t operating incame" shall mean all cash
<br /> receipts #rvm the Prvperty less a�[ cash expenditures made in cvnnection wEth the operation❑f the Prvperty.
<br /> Gaption Headings. Captian headings in this ❑e�d vf Trust are for con�enien�e purposes ❑n1y and are not to be
<br /> used to interpret vr define the pro�isivns of this Deed ❑f Trust,
<br /> Merger. There shall be nv merger of the interest or estate created hy this Deed of Trust with any othsr interest vr
<br /> estate in the Praperty at any tEme held by❑r far the benefit o� Lender in any capacity. wEthout the written consent
<br /> of Lender.
<br /> Gv�erning Law. This Deed of Trust wiil b� governed hy �ederal law applicab�a tv Lender and, to the extent not
<br /> preempted by federa! iaw,the laws of the S#ate of Nebraska wEthout regard#o its canfli�ts of!aw prv�isions. This
<br /> Deed of Trust has heen ac�ep#ed hy Lender in the State of Nebraska.
<br /> Chvice of Venue. I# �here is a �awsuit, Trustor agrees upon Lender's request to submit to #he �ur�sdictivn vf the
<br /> courts ❑f DougEas County, State❑f Nebraska.
<br /> J�int and Se�eral Liahility. A!I vbligations vf Borrvwer and Trustor under this Deed �# Trust shall he �vint and
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