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<br /> ��14�44�3
<br /> DEED DF TRUST .
<br /> �Ct�ntinued� Pa e �
<br /> �
<br /> each sha[( be �umulative and shall be in add�tion t❑ er��ry ather remedy given in this �e�d of Trus� ❑r naw or
<br /> hereafter existing at iaw ar in equity�r by statute. Every power❑r remedy gi�en by the Nate❑r any o�the Re�ated
<br /> Dvcumen#s to�Trustee or Lender nr to wh�ch either nf them may be ❑therwise entitled, may be exercised,
<br /> concurrently vr independent�y, from t�me t❑ time and as c�ften as may be deemed expedient by Trus�ee ar L�nder,
<br /> and eith�r ❑# them may pursue inconsistent remedEes, Nothing in this ❑eed `o# Trust shall be construed as
<br /> prvhibiting Lender�r�m seeking a defici�ncy judgment against the Trustar to�he extent such action is permit�ed by
<br /> law. Ele�tion by Lender tv pu�-sue any remedy shall nat ex�lude pursui� o� any o�her rem�dy, and an e�ection tn
<br /> make expenditures or �a take activn ta perfarm an obEigatian ❑f Trustvr under this Deed of �"rust, after Trus�ar's
<br /> faifure t� p�rform, sha[i nat affect Lender's right ta dec�are a de�ault and exercise its rerr��dies.
<br /> Request for Nvtice. Trustvr, ❑n beha�f of Trusto�and Lender, herehy requests that a �apy❑f any Nat�ce o# De�aul�
<br /> and a copy o�any (Vvtice of 5afe under th�s Deed o#Trust he mailed �o them at the addresses �et fvrth in the first
<br /> paragraph c�f this �]eed v�Trust.
<br /> Attorney�' Fees: Exper�ses. I� Lender institutes any suit or action to enforce any o# the terms ofi this D�ed of
<br /> Trust, Lender sha�l be entit�ed t❑ recover such sur� as th� cour�may ad�udge reasonahle as attorneys' ��es at trial
<br /> and upvn any appeal. V`lhether ❑r not any caurt actifln is in�ol�ed, and �o the extent not prohibited by law, a�� �
<br /> reasanable expenses Lender incurs that in Lender's ❑pinivn are ne�essary at any time for the protec�ion of its
<br /> interesfi❑r the +�n��rc��:ent❑f its ric�h�� shall be�ome a part c�the inr�ebted�'ress pay�ble ❑n dem�nd and shall bear
<br /> interest at th� Nat� rate #�om ihe date❑f the expend�ture unti[ repaid. Expenses co�ered kry this paragraph include,
<br /> without limi�afiion, howe�er subject�o any [imits under appl�cah�e iaw, Lender's attvrneys` fees and Lender's legal
<br /> expenses, wh�ther ar nat ther� is a lainrsuit, including a�tarneys' fees and expenses far bankruptcy proce�dings
<br /> �including e#f�rts to mvdify ar�acate any automatic stay or 6njunc�ion}. appeals, and any anticipated post-judgment
<br /> ����ectian ser�ices, the cost o�se�r�hing rec�rds. obtaining tit�e repor�s tincluding forecfvsure reparts�, sur�eyvrs' .
<br /> reports, and appraisal �ees, tit�e insurance, and �ees fior the Trustee, �o the extent permitted by appli�able iaw.
<br /> Trusto�a�s�wilf pay any court cos�s. in addition ta all ather sums pr���ded by�aw.
<br /> Righ�s of 7'rustee. Trustee shall ha�e a[[of�the righ�s and duties o�Lender as set�or�h in this se�tian.
<br /> P�WEF�S AND �BLIGATIUNS QF TR�J�TEE. The fallowing pra�isions relating to the powers and ❑b�i�at�vns of Trustee
<br /> are part of this Deed of Trus�:
<br /> Powe�s o�Trustee. �n additian�v all powers of Trustee arising as a rr�atter af law, Trustee sha�� ha�e the pawer to
<br /> take�he follawing actions with respect t� the Proper�y upon fihe wr�tten reques� of Lender and Trustor: 4a� jain in
<br /> preparing and �i�ing a map or plat of the ReaC Property, inc�uding the dedication ❑f streets or other righ�s t❑ the
<br /> public; �h} �oin in gran�ing any easement or crea�ing any res�riction on �he Real Proper�y; and 4c� j�in in any
<br /> suhordination❑r other agreement affecting th�s ❑eed of Trus�ar�he interest af Lender under this Deed of Trus�.
<br /> Trustee. Trustee shall meet all quali�icat�ans requ�red for Trus�ee under applicabCe [aw, In additian t❑ fihe rights
<br /> and remedies set �orth abo�e, with resp��� to all ❑r any par�t o# �he Property, the Truste� sha11 have the right to
<br /> f�reclase by notEce and sale, and Lender sha�� have the right tv fareclase by judicial fareclasure, in either case in
<br /> accordance with and ta the full ex�ent pra�ided by app�icable �aw.
<br /> Successvr Trustee. Lender, at Lender's optivn, may fro�-t-� time ta�ime appoint a successvr Trustee to any Trustee
<br /> appo�nted under this Deed vf Trus� by an instrument exe�uted and a�knowledged by Lender and recarded in the
<br /> vffice of the recorder vf Ha[I County, 5tate o� Nebraska. The instrument shall cvntain, in additivn to all vther
<br /> matters required by s�ate lavu, the names o� �he origina� Lender, Trustee, and Trustor, the boflk an� page �ar
<br /> computer sys�em r�f�rence� where this De�d of Trust is recard�d, and the name and address of the successor
<br /> �rustee, and the instrument shall be executed and acknovuledged by all the beneficiaries under this Dee� of Trus�vr
<br /> their succes:ors in interest. The succ�ssvr trusfiee, w�thvut �on�eyance vf the Property, shall su��eed to a�� �he
<br /> titl�, power, and duties conferred upan th�Trustee in this ❑eed v�Trust and by applicable law. 'rhis pracedure for
<br /> substi�tutivn vf Trustee shall govern t❑the exclusion o�all ather pro��sivns�ar substi�utivn.
<br /> NaTICES. Any noti�e required tn be gi�en under this Deed v�Trust, incfuding without Eim�tation any not�ce a� de#aul�
<br /> and any not'rce o� sale shall ha gi�en in writing, and shall be effecti�e when actually deli�ered, when actually received
<br /> by tele�Facsimile �un�ess otherwise requ�red by law}, when deposited with a nativna[ly recogni�ed overnight courier, ar, if
<br /> mailed, when deposited �n the United States mail, as first class, cer�ified or registered mail postag� prepaid, directed to
<br /> the address�s shown near the beginning ❑�this �]eed o� Trust, All capies af natices ❑# forec�vsu�e #rnm �he holder ❑f
<br /> any lien wh�ch has prior�ty ❑�er this Deed of Trust sha�1 be s�n� �o Lender's address, as shown near �he beginning a�
<br /> this Deed o� T'rus�. Any party may change its address for natices under this ❑eed o# Trus� by gi�ing �ormal uvritten
<br /> notice t❑ the ❑�her parties, specifying �hat the purpose o� the natice is �o change �he party's address. Far notice
<br /> �urposes, Trust�r agrees t❑ keep Lender in�ormed at a[I �times af Trustor's �urrent add�ess. �lnless otheruv�se prv�ided
<br /> ❑r required by law, if there is mare than one Trustor, any notice gi��n by Lender fio any Trusto� is deemed to be notice
<br /> gi�en to all Trustors.
<br /> 111115GELLANE�]US �RDV�SI�NS. The fvllawing miscellaneous pro�is�ans are a part vf this Deed of Trus�;
<br /> Amendments. This Deed of Trust, togethe�►n�i'�h any Related Dvcumen�s, constitutes�he entire understanding and
<br /> agreement o�f the pa�rti�s as to the ma��ers set forth in this Deed af Trust. Na al�eratEon o� vr amendment t❑ this
<br /> Deed of Trust shail be e�fecti�e un[ess gi�en in writing and s�gned by the party vr parties saught to be charged ❑r
<br /> hound by the alterativn ar amendment.
<br /> Annua� Repar�s. if the Property is used #or purposes ather than Trustor's residence, Trusfior shall �urnish ta
<br /> Lender, upon request, a certified statement of nefi ❑perating income rec�i�ed frvm the Prvper�y during Trustor's
<br /> pre�ious fis�ai year in such �vrm and detai� as Lender shall requ�re. "Net operating incart-�e" shall mean all cash
<br /> receipts�from the Property Iess all cash expenditures made �n�onnection with the aper�tion of the Property.
<br /> Caption Headings. Cap�ion headings in this Deed of Trus# are for con�enience purpvses only and are not tv he
<br /> used tn interpre�vr define the pra�isions o��h�s ��ed ofi Trust.
<br /> 111[erger. There shall be nv merger o�,the interest or es�ate created by th�s ❑eed of Trust v►rith any other interest or
<br /> estate in the Property a�any time neici �y o���r�h:: b�n�fit c�Lende;�:� an�� �,apac��r�, �r��ha�t�h� wr���e� �onsent
<br /> v�Lender.
<br /> Gaverning Law. This Desd vf Trust wi�l be governed by �edera! law applicable #o Lender and, to the extent nat
<br /> preerr�pted by federal faw,the�aws of the Sta�e of Nebraska withvut regard to its cvnf�icts o�law�rv�isions. This
<br /> Deed��Trust has been accepted by Ler�der in the Sta�e of Nebraska.
<br /> Choice af Venue. lf there is a lawsuit, Trustor agrees upon Lender's request to suhrr�it to the jurisdictivn of the
<br /> caurts a�Merrick Caunty, 5tate of lVebraska.
<br /> Nv Waiver by Lender. Lender shal[ not be deemed to ha�e wai�ed any righ�s under this C3eed flf Trust unfess such
<br /> wai�er is gi�en in ►nrriting and signed by Lender. Nv delay or vmissivn c�n�he part o�Lender in exercising any right
<br /> shall operate as a wa�ver of such right vr any other right. A wai�er by Lender�f a prv�isian of this ❑eed of Trust
<br /> sha16 no� prejudice ar �onstifiute a waiver af Lender's right ❑therwise t� demand strict campliance with tha�
<br /> pro�ision ❑r any ather pro�ision v� this Deed of Trust. Nv prio� vvai�er by Lender, nor any course o� dealing
<br /> between Lender and Trustor, sha[[ constitute a wai�er of any of Lender's rights or o� any afi Trustar's flb{igativns
<br /> as to any future transac�ivns. VIlhene�er�the consent vf Lender �s required under this Deed of Trust, the grant�ng
<br /> o� such consen'� by Lender �n any ins�ance shall not consti�u�e c�ntinuing consent ta subsequent instances where
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