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��15�373�
<br /> �EED �F TRU,�T
<br /> ��vntinued� #�age �
<br /> each shall �e cumulati�e and shall be in additivn to e�e�y vther rem�dy gi�en in this Deed of Trust or novu or
<br /> hereafit�r existing at faw or in equi�y or by statute. E�ery pQwer or remedy gi�en by the Note ar any❑f the Related
<br /> ❑o�uments tv Trustee or Lend�r or fiv which either o�r them may be othervuise entitled, may be �xercised,
<br /> con�urrently or independently, fr�m time t� time and as o�ten as may �e deemed expedient hy Trustee ar Lender,
<br /> and e�ther �� th�m may pursu� inconsistent remedies. Nathing in this D�ed of Trust shall b� Ganstrued as
<br /> prohibiting Lender frvm seeking a defii�iency judgmen�against�he Trustor to the ex�ken�such action is permitted by
<br /> faw. E[ection by Lender to pursue any rem�dy shafl not exclude pursuit of any other remedy, and an election to
<br /> make �xpenditures o� to take activn tv perfarm an obfigation ofi Trustvr und�r �his i�eed of Trust, af�er Trustor's
<br /> failure to perfarm, shall nvt affect Lender's right to declare a defauit and exercise its re�nedies.
<br /> Request�or Notice. Trus�vr, on behaff afi Trus'tar and Lender, here�y requests that a c�py vf any Not�ce of ❑efaul�
<br /> and a Gopy a�any Na�iGe o�Saie under this Deed of Trus� �e maE�ed to them at�he addresses set far�h in the first
<br /> paragraph nf this ���d vf T�ust.
<br /> A�tvrneys' Fees: Expenses. If Lender ins�itutes any su�� or action to enforce any o� the �erms a� this De�d o�f
<br /> Trust, Lend�r shall be�ntit�ed to reco�er such sum as �he cour� may adjudge reasonable as a�torneys' fees a�trial
<br /> and upon any appeal. Whether or no� any cvurt ac�ian is in�vl�ed, and to the extent not prohibi�ed by law, afl
<br /> reasonab[e expenses Lender inGurs that in Lend�r's opinion are necessary at any time �vr the pro�ectian o� its
<br /> interest ar the enforcement af its rights shall be�vme a part❑�the Indebtedness payable vn dem�nd and sha�i bear
<br /> interest at the Nv�e rate fram�he date of the exp�ndi�u�e until repaid. Expenses co�ered by this paragraph include,
<br /> without limita�ion, howe�er sub�ect to any limits under applica�ie law, Lender's attorneys' fees and Lender's lega[
<br /> expenses, whether �r not �here is a lawsuit, in�luding attarneys' fees and expenses �or bankrupt�y prviceedings
<br /> �inGluding effarts to madify or�acate any automatic s�ay❑r injun�tion�, appeals, and any anticipa�ed pastWjudgm�n�
<br /> coflectivn ser�ices, �he co�t of searching r�Gards, ab�ainin� ti�le reports �including fflreclosure repartsy, sur�eyars'
<br /> reparts, and appraisaf fees, t�tl� insuran�e, and fees for the Trustee, to the �xtent perrnit�ed by app��cable �aw.
<br /> Trus�vr also wiff pay any court costs, in additi�n�a all other sums pro�ided by law.
<br /> Rights o�Trustee. Trustee shaff ha�e all ❑f the rights and duties of Lender as set��rth in this section.
<br /> P�INERS AND DBLIGATIC]N5 �F TRUSTEE. The �ollowing pro�ision� rela�ing to th� pvwers and vhiigatians of Trustee
<br /> are pa�t of this Deed of Trust:
<br /> Powers v#Trusfiee. In additian ta al� pow�rs of Trustee arising as a matter af law, Trus�ee sha�� have the power�a
<br /> tak� xhe fallowing actians wi�h respect ta the Proper�y upan�he wri��en request afi Lender and Trustor: �a� join in
<br /> pr�par'rng and filing a map or plat flf the Real Praper��, including the dedication of s�reets or other rights fio the
<br /> public; �b� join in granting any �asement or creating any restriction on �he Real Property; and {�� jain in any
<br /> subardina�ion or❑ther agreement affecting this Deed of Trust or�he in�erest vf Lender under this Deed vf T�ust.
<br /> Trus�ee. Trustee shall meet al! quafifications required �or Trus�ee under appli�able law. In addi�ion to the rights
<br /> and remedies set forth abo�e, with respe�t tv all or any part of the Property, the Truste� shall ha�e the right �o
<br /> �ore�lvse by n�tice and sa��, and Lender shall ha�e th� right tv �oreclvse �y judiciaf foreclasure, in either case in
<br /> ac�ordance with and ta�he�ull exten�pro�ided �y appfi�abfe law.
<br /> 5uccessor Trustee. Lender, at Lender's optian, may from time to time appoint a succ�ssvr Trust�e tv any Trustee
<br /> apptiinted und�r �his Deed of Trust by an ins�rument ex�cuted and a�knowledged by Lender and recorded in the
<br /> �ffice af the recorder vf Hall �aunty, 5tat� vf Nebraska. The instrument sha�{ contain, in addition �o all other
<br /> matters required by state law, the names a� the original Lender, T�ustee, and Trustor, the book and page {or
<br /> computer system re�erenGe� where this Deed of Trus� is re�orded, and th� name and addr�ss of the succ�sso�
<br /> 'truste�, and the instrumen�shall ��ex�cuted and acknawledged by all the b�neficiarie� under this Deed ❑�Trust ar
<br /> their successors in inter�st. The successor trust�e, wi�hou� can��yan�� af the Praperty, sha�[ sucGeed to a�f the
<br /> titfe, power, and duties cvnferr�d upan the Trustee in this De�d o�Trust and by applicab�e law. This pracedure fior
<br /> substitution flf Trustee shall go�ern to th�exclusivn o�all other pro�isi�ns fvr substitution.
<br /> NC]TICES, Any notice required t� he gi�en und�r this Deed vf Trus�, inc[uding wi�hout limitation any not�ce of defaul�
<br /> and any na�ice o#sa�e shall he gi�en in writing, and shall be e�fecti�� when a�tually deli�ered, when actually reGei�ed
<br /> by tefefa�simile {unless otherwis� required by lauv�, when deposited wi�h a nationally reco�nized o�ernigh�t courier, vr, if
<br /> mailed, when deposited in�he lJnited Sta�es mail, as ��rs� cfass, certified or regis�ered ma�l pastage prepaid, directed ��
<br /> �he addr�sses sha►►vn near the beg�nning of this D�ed ��Trust. All c�pies vf notices of for�closure �Fram �he holder af
<br /> any iien whi�h has priority ov�r this ❑eed of Trust shail be sent to Lender's address, as shvwn near �he beginning af
<br /> this Deed o# Trust. Any party may change its address far no#ices under this Deed of Trust by gi�ing farmal written
<br /> nati�e to the other parties, specifying that the purpose of the notice is to Ghange the Rar�y's add��ss. Fvr notice
<br /> purposes, Trus�vr agrees tv k�ep Lender in�armed a� all tirr-�es ❑f Trus�or's curren� address. Unless otherwise pro�ided
<br /> or required by law, if there is m�re than vne Trustor, any no�i�e gi��n by Lender to any Trustar is.deemed to �e nati�e
<br /> gi�en to a�l Trustors.
<br /> MISCELLANE�IJS PRDVISiDNS. The#ol�awing misceflaneous prv�isions are a part of#his Deed o�Trust;
<br /> Amendments. This ❑eed afi Trust, t�gether with any Rela�ed Documen�ts, constitutes the entir� unders�anding and
<br /> agreemen�of the parties as �o the matters s�t forth in th�s Deed of Trust, No al�erativn o� or amendment to this
<br /> Deed of Trus� sha�f be effec�i�e unf�ss gi�en in writing and signed by the parfiy ar part�es saught to be charged or
<br /> bound by th� alteratinn or amendm�nt.
<br /> Annual Repor#s. 1� �he Prflp�rty is used for purpases oth�r than Trustvr's residen�e, Trustor shall �urnish ta
<br /> Lend�r, up�n request, a certified statemen� af net apera�ing income re�ei�ed firom the Property du��ng Trustar's
<br /> pre�ious fisca� year �n such form and de�ail as Lender sha�� require. "Net operating i�come" shall mean all cash
<br /> receipts fram the Proper'�y less a[I cash expenditures made En connectivn with the❑perativn of the Prop�rty.
<br /> Gap�ivn Headings, Caption headings in this Deed of Trust ar� for can�enien�e purposes only and are no� tv be
<br /> used to �n�erpre#or defin�the pro�isivns of this ❑eed v�Trust.
<br /> M�rger. There shall be no merger of the 'rnterest vr estate created �y this �3e�d o�Trus�wifih any other in�erest vr
<br /> estate in the Property at any time held by o��or the benefit of Lend�r in any capacity, wi�hvut�he writ�en consent
<br /> of Lender.
<br /> Governing Law. This Deed o# Trus� will be governed by federal law applicah�e to L�nder and, �o �he �x�ent nat
<br /> preempted by�ederal law,the laws of�he StatQ of N�braska withouf regard to its con#�icts a�iaw p�rv�isivns. Thi�
<br /> Deed vf Trust has heen accepted by Lender�n the S�a�e o�Nebraska.
<br /> Choice o� Venue. ff �h�r� is a lawsuit, Trustor agrees upon Lender's request to suhmit ta the jurisdic�ian a� the
<br /> �ou�ts of Hall County, State af Nebrasl�a.
<br /> Nv Wai�e�by Lender. Lender shall not be deemed ta ha�e wai�ed any ri�h�s under this l�eed �f Trus�uniess such
<br /> ►�vai�er is gi�en in writing and signed by Lender. Na de�ay or amissi�n on the part of Lender in exercising any righ�
<br /> shall operate as a wa��er vf suGh right or any other rigl��. A wai�er by Lender�f a pro�ision of this Deed o�Trust
<br /> shall nvt prejudice �r cvnstitute a wai�er of �ender"s right atherwise to demand sfirict compliance with that
<br /> pro�isian or any oth�r pro�ision of this Deed af Trust. No priar wai��r by Lender, nar any course a� dea[ing
<br /> between Lender and Trustor, shal� constitu�e a wai�er �# any o� L�nder's rights or vf any of Trus'�or's flbligatians
<br /> as to any future t�ansac�ions, 1lVhene�er�he cvnsent af �ende� is required under this D�ed of Trust, th� granting
<br /> a�such consent by Lender in any �nstance shall nvt cons�itute can�inuing c�nsent to subsequent instances where
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