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201504404
<br /> DEED OF TRUST
<br /> (Continued) Page 6
<br /> (c) Trustee may in the manner provided by law postpone sale of all o�r any por�tion of the Property.
<br /> Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be� entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust aind to exe�rcise all rights and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents, or unciler any oiher agreement or
<br /> any laws now or hereafter in force; notwithstanding, some or all of such indebtedness �and obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, ��eed of trust, pledge, lien,
<br /> assignment c�r otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pur.suant to the power of sale or other powers contained in this DeE:d of Tru:ot, shall prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any othe�r securit�,� now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be eeititled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such oriier and manner as they or
<br /> either of thern may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by Baw provided or permitted, but
<br /> each shall be cumulative and shall be in addition to every other remedy giv�sn in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. 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 be otherwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deerned expe�dient by Trustee or Lender,
<br /> and either oF them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting LEnder from seeking a deficiency judgment against the Trustor to tPie extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of ainy other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Dee:d of Trust, after Trustor's
<br /> failure to perlPorm, shall not affect Lender's right to declare a default and exercise its ren•iedies.
<br /> Request for PJotice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the adciresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' F�ees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonabl�e as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to 1:he extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any tircie for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shail bear
<br /> interest at the Note rate from the date of the expenditure until repaid. ExpensE;s covered by this paragraph include,
<br /> without limit�tion, 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 e:xpenses for 6ankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunctionl, appeal:s, and any anticipated post-judgment
<br /> collection se�vices, the cost of searching records, obtaining title reports (including forer,losure reportsl, surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent p�ermitted by applicable law.
<br /> Trustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Tru�stee. Trustee shall have all of the rights and duties of Lender as:�eY forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written requE>st of Lender and Trustor: (a)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Pr<nperty; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall 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 /> foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a succe;ssor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowle�dged by Lender and recorded in the
<br /> office of the recorder of Hall County, State of Nebraska. The instrument :chail contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, +�nd Trust.or, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of t:he Property, shall succeed 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 /> substitution of Trustee shall govern to the exclusion of all other provisions for substituti�on.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise required by lawl, when deposited with a nationally recogriized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registe:red mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. Ail copies of notices of foreclosure from the 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 party may change its address for notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the purpose of the notice is to change the K;�arty's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br /> or required by law, if there is more than one Trustor, any notice given by Lender to any Tn.istor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLANEOU�PROVISIONS. The following miscellaneous provisions are a part of this aeed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents, constitutes khe entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br /> Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's resideace, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating income received from tf•ie Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net o-perating income" shall mean all cash
<br /> receipts frorn the Property less all cash expenditures made in connection with the oper�ition of the Property,
<br /> Caption He�dings. Caption headings in this Deed of Trust are for convenience purp,�ses only and are not to be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
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