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201403955
<br /> DE�D OF TRUST
<br /> Loan No: 3�3051757 (Continued} Page 6
<br /> Ic) 7rustee may in the manner provided by{aw pastpone sale of al] or any portion of th� Praperty.
<br /> Remedias Not Exclusive. Trustee and Lender, and eech of them, shali be entitled 'to enforce payment and
<br /> performance of any indebtedness or ab[igations secured by this Deed of Trust and to exercise all rig[�ts and powers
<br /> under this Deec! of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br /> any [aws �ow vr hereafter in force; notwithstanding, some or afl of such indebtedness and obliga#ions secured by
<br /> this beed of Trust may naw or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, ]ien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whe#her by court
<br /> action or pursuant to the power of sale or other powers cantained in this Deed of Trust, shall prejudice or in any
<br /> manner affect Trustee's or Lender's right ta realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed thaE Trustee and Lender, and each of them, sha11 be entitled to enforce tE�is Deed
<br /> of Trust and any other security now ar hereafter held by Lender or Trusxee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reser�ed to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this €leed of Trust or by law provided or permitted, but
<br /> each shall be cumulaEive and sha[I 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 6y s#a#ute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may 6e oiherwise entitled, may be exercised,
<br /> concurrently or independently, from time to cime and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of YherrE may pursue inconsisEent remedies. Nothing in 2his Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgrrient against ihe Trustor to the extent such action is permitted by
<br /> faw.
<br /> Election of Remedies. All of Lender's rights and remedies wil[ be cumulat�ve and may be exercised alone or
<br /> together. It Lender decides ta spend money or to perfor�n any of Trustor's obligatians under this Deed of Trust, y
<br /> after 7rustor's failure to do so, that decision f�y Lender will npt affect Lender's right to declare l"rustor in de�ault
<br /> and to ex�rcise E.ender's remedies.
<br /> Request for Notice. Trustor, on behalf of 3rustor and Lender, hereby requests that a copy of any Na'Eice of Defaul#
<br /> and a copy of any Noeiee of Sale under this Deed af Trust be mailed to them at the adciresses set forth in the first
<br /> paragraph of this Deec[of Trust.
<br /> Attorneqs' Fees; Expenses. If Lender ins#itutes any suit or acfiion to enforce any of the Yerms of this Deed of
<br /> Trust, Lender shal] be entitled to recover such sum as the court may adjudge reasanable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interesE or the e�forcement of its rights shall become a part of tf�a Indebtedness paya�le on demand and shali bear
<br /> interest at the Note rate from the date of the expenditure untif repaid. Expenses covered 5y this paragraph inc]ude,
<br /> without limitation, however subject to any lirnits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whethsr or not there is a lawsuit, including attorneys" fees and expenses fior bankruptcy proceedings
<br /> [including e€#orts to modiiy or vacate any automatic stay ar injunction), appeals, and any anticipated post-judgment
<br /> collection seruices, the cast of searching recosds, o6taining title reports {inc[uding foreclosure reports}, surveyors'
<br /> reports, and appraisal fees, title insurance, and fees �or the Trustee, to the extent permitted by applicabla law.
<br /> Trustor afso wiSl pay any court costs, in addition to all other sums pro�ided 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 AN� OSLIGATIQ[1[S �F TRUSTEE. The following provisi4ns re[ating to the powers and obligations of Trustee
<br /> are part o�this Deed of Trust:
<br /> Powers of Tr�stee. In addition to all powers of Trustee arising as a matter of Eaw, 7rustee 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 Properxy, including the dedication of streets or other rights ta xhe
<br /> public; l6] join in grant9ng any easement ar creating any restriction on the Real Property; and {c) join in any
<br /> subordination or other agreement affecting this Deed af 7rust or the interesfi of Lender under this Deed of Trust.
<br /> Trustee. 7rustee shail meet all qualifications required for Trustee under applicable law. In addition 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 /> foreciose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordan�e with and to the fu[I extent provided by applicable law.
<br /> Successmr Trustee. Lender, at Lender's option, may from time to time a�point a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recortied in the
<br /> office of the recorder of HALL County, State of fVebraska. The instrumenE shal! contain, in addition to all other
<br /> ma'i�ters required by state law, the names o# the originaE Lender, Trustee, and Trustor, tf�e book and page ior
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shal[ be executed and acknowledged by all the beneficias'ses under this Deed of Trust or
<br /> their successors in inYerest. The successor trustee, without conveyance of the Property, shall succeed to a[I the
<br /> title, power, and duties conferred upon the Trustee in tE�is Deed of Trust and by appGcable [aw. This procedure for
<br /> substitution of Trustee shal[govern to the excl�asion of all other provisions for substitution.
<br /> NOTICES. Any noiice required to be given under this �eed of Trust, including without limitation any notice of default
<br /> and any notic� of sale sha[I be given in writing, and shall be effective when actually de[ivered, when actually received
<br /> by telefacsimiie {unless otherwise required by law), when c[epos'sted with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified ar registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. A[I copies of notices of forec�osure from the holder of
<br /> any lien which has priority o�sr this Deed of Trust shal[ be sent to Lender's address, as shown near the beginning of
<br /> this Deed of 7rust. Any person may charige his or her address for notices under this Deed of Trust hy giving formaS
<br /> written notice to the other person or persons, specifying that the purpose of the noYice is m change the person's
<br /> acfdress. For notice purposes, Trustor agrees to keeg Ler�der informed at all iimes af Trustor's current address. Unless
<br /> otherwise provided or required 6y law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to a11 Trustors. It wil] be Trustor's responsibili�y ta tel]the others of the notice from Lender.
<br /> M[SCELLANEOUS PRpVIS10NS. �he fol[owing misceflaneous provisions are a parC of this Deed of Trust:
<br /> Amendments. What is writYen in this Deed of Trust and in the Re[ated Documents is Trustor's entire agreement
<br /> with Lender concerning the rr�atters covered by this Cleed of Trust. To be eifiective, any change or amendment to
<br /> th9s Deed of Trust must be in writing and must be signed by whoever wilS be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this C�eed of Trust are for convenience purposes only and are not to b$
<br /> used to interpreE or define the provisions of this Deed of Trust.
<br /> Merger. There shall 6e no merger of the interest or estate created by this Deed of Trust with any ather interest or
<br /> estate in the Property at any time held by or far 2he banefit of Lender in any capacity, without the written consent
<br /> ofi Lender.
<br /> Governing Law. This �eed of Trust wi[l be governed 6y federal Eew applicab[e to Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts af law provisions. This
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