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<br /> 201500164
<br /> D�ED OF TRUST
<br /> Loan No: 685U317 (Continued� Page 6
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any oEher security now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them, shall be entitled to enforce this Deed
<br /> of 7rust and any ather security naw or hereafter held by Lender or Trustee in such flrder and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved ta Trustee or
<br /> Lender, is intanded to be exclusi�e of any other remedy in this Deed pf Trust or by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shall be in addition to every other remedy gi�en in this Deed of Trust or now or
<br /> hereafter existing at�aw or in equity or by statute. Every pawer or remedy given by the Note or any of the Related
<br /> �ocuments to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independentiy,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of fhem may pursue incansistent ramedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment againsi the Trustor to the extent such action is permitted by
<br /> law. Election by t�ender io pursue any remedy shall not exclude pursuit of any oiher remedy, and an election to
<br /> make expenditures or to take action to pertorm an ob]igation of 7'rustor under this Deed of Trust, after Trustor's
<br /> failure to pertorm,shall not affect Lender's right to declare a defau�t and exercise its remedies.
<br /> Request for Notice. Trusfor, on 6ehalf of Trustor and Lender, hereby requests thai a copy of any Notice of Deiault
<br /> and a copy of any Notice of Sale under this beed of 7rust be mailed to ihem at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attarneys' Fees; Expenses. If Lender institutes any suit ar action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the co€�rt may adjudge reasona6le as attorneys'fees at trial
<br /> and upan any appeal. Whether or not any court acYion is in�olved, and to the extent not prohibited by law, ail
<br /> reasonable eupenses Lerxler incurs that in Lender's opinion are necessary at any time far the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rete from the date of the expenditure until repaid. F�cpenses cavered by this paragraph include,
<br /> wit�aut limitation, however subject to any limits under applicable law, Lender's attorneys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expensee� fpr bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction}, appeals>and any anticipated post judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foredosure reparts), surveyars'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustae, to the extent permitted by applicable law.
<br /> 7rusior also will pay any eouri costs, in addition to a[I other sums provided by]aw.
<br /> Rights of Trustee. Trustee shalf have all of the rights and duties of Lender as set forth in this secfion.
<br /> POWERS AND OBLIGATI�NS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> pqwers of Trustee. fn addilian to alf powers pf Trustee arising as a maiter of law, Trustee shafl have the power to
<br /> take the following actions with respect to the Property upan the written request of Lender and Trustor: {a)join in
<br /> preparing and filing a map or plat of the Real Praperty, including the dedication of streets or other rights to the
<br /> public; (b)join in granting any easement or creating any restriction on the Fteal Property; and (c) join in any
<br /> subordination or other agreement affecting th9s beed of Trusi or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trusfee under applicahle law. fn addition to the rights
<br /> and remedies set forth above, with respect to all ar any part of the Property, the Trustee shall have the right to
<br /> foredose by notice and sale, and Lender shalf have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full exfent provided by applicable law.
<br /> Successor Trustee. Lender,ak Lender's option, may from time to time appoint a successor Trustee to any Trusfee
<br /> appointed under this Deed of Trusf by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall GounEy, State of Ne6raska. The instrument shall contain, in addition to all other
<br /> matters required by sEate law, the names of the origina! Lender, Trustee, anci 7rustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the �ame and address of the successor
<br /> trustee,and the instrurrEent shall be executed and acknowledged by al!ihe beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor irustee, without conveyance of the Property, shalf suceeed to all the
<br /> title, power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substituYion of Trustee shal!govern to the exclusion of all other pravisions for subskifutivn.
<br /> NOTICES. Any notice required to be gi�en under this Deed of Trust, including without limitation any notice of defaul#
<br /> and any notice of sale sha[1 be given in writing, and shall be effective when actually delivered>w�en acfually received
<br /> by telefacsimiie(unless otherwise required by law),when deposited with a nationally recognized o�ernSght caurier,or, if
<br /> mailed,when deposited in the United States mail, as first class, certified or registered mail pastage prepaid,d9rected to
<br /> the addresses shown near the beginning pf this peed of Trusf. All copies ofi notices of forec[osure from khe holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any parry may change its address for notices under this Deed of Trust by giving formal written
<br /> notice to the oYher parties, specifying that the purpose af the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at ail times of Trustor's current address. Unless otherwise pravided
<br /> or required by iaw, if there is more than one Trustor, any notice given by Lender ta any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLAI�EOUS PRpV151QN5. The following miscellaneous provisions are a part af this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents, eonstitutes the entire understanding and
<br /> agreement ai the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment Eo this
<br /> �eed of Trust shall be effective unless given in writing and signed by the party or parties snught to be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports� If the Property is used #or purposes other than Trusior's residenoe, Trustar shall fumish Yo
<br /> Lender, upan request, a certified statement of net operating income recei�ed from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts fram the Properly less all cash expenditures made in cannection with the oparation of the Property.
<br /> Gaption Ftsadings. Caption headings in this Deed of 7rust are for convenienee purposes onEy and are nnt to be
<br /> used to interpret or defiine the pro�isions of this Deed af Trusk.
<br /> Merger. There shall be no merger of the interest or estale created 6y this Deed of Trust with any other interesi or
<br /> estate in the Praperiy at any t9me held by or for the benefit pf Lender in any capacity, without the writien consenf
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed hy federal law applicable to Lender and, fo the extent not
<br /> preempted by federal law,the laws of tE�e Sfate of Nebraska without regard to its confiicts af law provisions. This
<br /> Deed of Trust has been accepted by Lender in the 5tate of Nebraska.
<br /> Choice of Venue. If there is a iawsuit, Trustor agrees upon Lender's request to su6mit to the jurisdiction af the
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and Sev�ral Liahi[ity. AI9 abligations of Trustor under this Deed of Trust shall be joint ant[ several, and all
<br /> references tp Trustor shal] mean each and every Trustor. This means that each Trustor signing below is
<br /> respansible for all obligations in this.€]eed af Trust.
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