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��14���9�
<br /> DEED �F TRUST
<br /> Laan Na: 35��'1 D997 tContinued� Page 6
<br /> • this Deed of Trust may now or h�reafter be otherwise se�ured, wheth�r by mvrtgage, deed of trust, pledge, lien,
<br /> assignment or atherwise. Ne+ther the acceptance of this Deed ❑� Trust no� its en#arcement, whether by court
<br /> a�tivn or pursuant to the power o� sa�e vr o�her pvwers c�ntained in this Deed �f Trust, shall prejudi�e or in any
<br /> manner affect Trustee�5 or Lender's right to reaiize upon or enforce any other security now vr hereafter held by
<br /> Trustee vr Lender, it being agreed that Trustee and Lender, and each of them, shall be en�itled to enf�rce this Deed
<br /> . of Trust-and any other se�urity now ar hereafter he�d by Lender ar Trustee in such ❑rder and manner as they ❑r
<br /> either of them may Fn their absalute discretion d�termine. Na remedy conferred upon or reser�ed to Trustee vr
<br /> Lender, is intended to be exclusi�e of any other remedy in this Deed �f Trust or by law prv�ided or permitted, but
<br /> each shall be cumulati�e and shall �e in additian ta e�ery oth�r remedy gi�en in this D�ed af Trust or naw or
<br /> hereafier existing at iaw vr in equity or by statute. E�ery power o� remedy gi��n by the Note or any of the Related
<br /> Documents to Trustee or Lender or to whi�h either of them may be otherwise entitled, may be exercised,
<br /> c�ncurrently or independently, fram time to time and as vften as may be deemed exp�dient by Trustee vr Lender,
<br /> and either o� them may pursue inconsistent remedies. Nothing in this Deed ❑f Trust shatl be construed as
<br /> prohibiting Lender fr�m seeking a de�iciency judgment against the Trustor ta the exten�such action is permitted �y
<br /> � law. Electivn by Lender to pursue any remedy shall not exclude pursuit of any ❑ther remedy, and an election to
<br /> maks expenditures or to take action to perform an ot�ligation o� Trustar under this Deed o# Trust, after Trustor's
<br /> fiaiEure to perfarm, shall not affect Lender's right to declare a d�fault and exercise its remedies.
<br /> Request fvr Notice. Trustor, on behaif of Trusto�and Lender, hereby requests that a cvpy vt any Notice of❑efault .
<br /> and a capy vf any Notice vf 5ale under this Deed of Trust be mailed to them at the addresses set forth in the firs� �
<br /> paragraph of this Deed of Trust.
<br /> � Attvrneys' Fees; Expenses. If Lender institutes any suit or activn to enforce any ❑f the terms of this ❑eed of
<br /> Trust, Lender shall be entitled to reca�er su�h sum as the court may adjudge reasonahle as attorneys' fees at trial
<br /> and upan any appeal. Whether vr nat any cvurt action is in�ol�ed, and to the extent not prahibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinivn are necessary at any time for the pr�tection of its
<br /> interest or the enfarcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Nvte rate from the date of the expenditure unti� repaid. Expens�s co�ered by this paragraph include,
<br /> � without lim�tatian, hawe�er subject to any limits under applicahle law, Lender's attorneys' fees and Lender's legal �
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proce�dings
<br /> tincluding ef�orts�o modify or�acate any automatic stay or injunctiony, appeals, and any anticipated post-�udgment
<br /> co�lection ser�i�es, th� cost af searching records, obtaining tit�e repvrts �including foreclosure reports}. 5ur��y0r5'
<br /> reports, and appraisal fees, title insurance, and fees for the Trust��, to th� extent permitted by applicable law.
<br /> Trustor also wili pay any court costs, in addition tv all other sums pro�ided by law.
<br /> Rights of Trustee. Trustee shafl ha�e a11 af the rights and duties of Lender as set forth in this section.
<br /> P�INERS AND QBLIGAT[�NS ❑F TRUSTEE. The ftil�owing provisions relating to the powers and vhl�gations of Trust�e
<br /> are part of this Deed vf Trust: . �
<br /> Pawers of Trustee. Fn addition to all powers af Trustee aris+ng as a matter of Eaw, Trustee shall ha��the power to
<br /> take the following actions with respect ta the Prvperty upon the written request of Lender and Trust�r: �ay join in
<br /> preparing and filing a map or plat o� the Real Property, including the dedicativn of streets or other rights to the
<br /> public; tby join in granting any easemen� ar creating any restri�tion on the Real Praperty; and �c� join in any
<br /> subardination or other agreement af�ecting this Deed of Trust or the interest of Lender under this ❑eed of Trust.
<br /> Trustee. Trustee shall meet ail qualifications required far Trustee under applicable law. In addition to the rights
<br /> and remedies set �orth abo�e, with respect to all �r any part of the Property, the Trustee shall ha�e the right ta
<br /> forecivse by noti�e and sale, and Lender shall ha�e the right t❑ fvreclose by judicial foreclosure, in either case in
<br /> accordance with and t�the full ext�nt prv�ided by applicable law.
<br /> . Successar Trustee. Lender, at Lender's optivn, may frnm time to time appoint a successor Trustee tv any Trustee
<br /> appointed under this ❑sed of Trust by an instrument executed and acknowledged by Lender and recarded in the
<br /> off�ce of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to a!I vther
<br /> matters required by state law, the names of the original Lend�r, Trustee, and Trustor, the bvok and page {or
<br /> cvmputer syst�m referenGey where this D�ed of Trust is recorded, and the name and address of the successar
<br /> trustee, and the instrument shall be executed and a�know.ledged by all the benefi�iaries under this Deed of Trust�or
<br /> their successvrs in interest. The successor trustee, without can�eyance vf the Property, shall succeed to ail the
<br /> title, pawer, and duties conf�rred upvn ths Trustee in this Deed of Trust and by applicable law. This procedure #or
<br /> substitution of Trustee shall g��ern�o the exclusian of all other pra�isions for substitution. �
<br /> N�TlCES. Any notice required �o be gi�en under this Deed of Trust, includ�ng without limitation any notice af default
<br /> and any notice o� sa�e shail be g���n in writing, and shall be effecti�� when actually de�i�ered, when actually recei�ed
<br /> by t�lefacsimif� �unless oth�rwise rs�uired by lawy, when deposited with a nationally re�ognfzed o�ernight couri�r, ar, if
<br /> mailed, when deposited in the United States ma��, as first class, certified ar registered mail postage prepaid, directed to
<br /> the addresses shown near the k�eginning vf this Deed of Trust. All cflpies of notEces of foreclosure from the holder of
<br /> any lien which has priority o�er this Deed vf Trust shall be sent tv Lender's address, as shvwn near the beginning of
<br />� this Deed ❑f Trust. Any party may change its address for notices unde� this ❑eed of Trust by gi�ing formal written
<br /> notice to the other parties, specifying that the purpose of the nvtice is to change the party's address. For notic�
<br /> purposes, Trustor agrees to keep Lender informed at all times af Trustor's currsnt address. Unless otherwise pro�ided
<br /> or required by law, if there is more than one Trustor, any notice gi�en by Lender to any Trustor is deemed to b� notice
<br /> gi�en to all Trustors.
<br /> MIS�ELLANEaUS PRDVISI�NS. The faffawing m�sce�lanevus pro�isions are a part�f this Deed of Trust: .
<br /> Amendments. This Deed vf Trust, together with any Related Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration o# vr amendment to this
<br /> D�ed vf Trust sha�l��be effe�ti�e unless gi�en in writing and signed by the party ar parties sought ta be charged or
<br /> hound by the alteratFan or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustvr shafl furnish t❑
<br /> Lender, upvn request, a certified statemen� of net operating income recei�ed frvm the Prvperty during Trustar's
<br /> pre�ivus fiscal year in such form and detail as Lender shall require. "Net operatinq income" shall mean all cash
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