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Z�15�5��5 <br /> DEED [3F TRUST <br /> �Continuedy Paye 6 <br /> Remsdies N#o� Exclusi�e. Trustee and Lend�r, and �e�h af them, shall he entitled to enfor�e payrx�en# and <br /> per�o�man�e�#any indehtedness o��hiigativns sgcured by this Deed of Trust and to exerc�se all rights and p�wers <br /> under thEs Deed of Trust, under the Note, under any af the Related ❑acuments, or under any other agresment or <br /> eny laws now or hereafter in#vr�e; natwithstanding, some or all�f such indehtedness and abligations secured by <br /> th+s aeed vf Trust may now or hereafter be otherwise secured, whethsr by mortgage, deed of trust, pl�dge, lien, <br /> assignment o� otherwise. Neither the acceptanc� af this Dsed o� Trust nar its enforcement, whether by caurt <br /> a�tion ar pursuant to the power of sa�e ar athec powers c�ntained in this Deed of Trust, shall p�ejudice vr in any <br /> manner �ffec#Trustee's ar Lender's right to realize upon or enforce any nther security now ar hereafter held by <br /> Trustee or Lender, i#beEng agr�ed that Trustee and Lender�and�ach of them,shal!be entitled to enftrrce this Deed <br /> of Trust and any vther se�urity now or her�after heid by Lender or Trustee in such vrder and manner as they or <br /> either of th�rn may in th�ir absolute discretian determine. Nv remedy conferred upan or reser��d #o Trustee ❑r <br /> Lender, is irrt�nded to be exclusi��❑f any ather remedy in this Deed of Trus#or by law provided or permitted, but <br /> ea�h shali k�a cumuiati�e and shal! be in additian to eWery other rernedy gi�en in this Deed of Trust or naw nr <br /> hereafter exi��ing at law or in equity or by statute. E�e�y pflwer or remedy gi�en by the Nvte vr any of th� Related <br /> ❑acument� to Trustee or Lender or to whi�h ei#her af them may be otherw�se entitled, may he exercised, <br /> cancur�ent�y�r independently. from time to�irne and as often as may he deemed expedient by Trustee or L�nder, <br /> and aither vf them may pursue inconsistent remedies. Nath�ng in this Deed af Trust shall be canstrued as <br /> prohibiting L�nder frvm seeking a d�fic��ncy judgm�nt eg�ins�the Trustor to the extent suGh actian is permitted by <br /> law. Electian hy L�nder ta pursue any remedy shall n�#ex�lude pursuit of any other remedy, and an election to <br /> rnake expenditures ar to take action to perform an obiigation af Trustor under this Deed af Trust, after Trustvr's <br /> #aifur�tv perform, shall not effect L�nder's right to declare a default and exercise its remedies. <br /> Request far�Votics. Trustor, on behelf of Trustor and Lender� hereby requests that a cvpy o#any Notice af D�fault <br /> and a cnpy af any N�tice of Sale under th�s Qeed of Trus�be mailed ta them at the addresses se�forth in the#�rst <br /> paragraph v�th�s Deed of Trust. <br /> Attorneys' Fees: Expenses. I� Lender institutes any suit or action to gnfnr�e any v# the terms of �his Deed of <br /> Trust, L�nder shali be entitfed t�recover such sum as the cvurt rnay adjudge reasanable as attorneys' fees at trial <br /> �nd upon �ny appeal. Whether ar not �ny court action is involvsd, and to th� extent nat prahiE�ited by law, all <br /> reasonab�e expenses Lender incurs that in Lender's op�nion are necessary at any time for the protec#ivn of its <br /> interest ar the enfarcement af its rights shall become a part af the Indsl�tedness payable on demand and shall bear <br /> ;nterest at the Note ra#e frQm the date af tha axpenditure unfil repaid. Expenses co�ered by this paragraph include, <br /> wi#hout Itmitat�vn, hawe�er subject to any limits under app�icable lew, Lender's attarneys' fees and Lender's iegal <br /> expenses� whether or not#here is a lawsuit, including attorneys' #ees and expenses far bankruptcy praceedings <br /> tincluding affnrts to madify or�acate any autamatic s#ay❑r in�unctian�,appeals. and any anticipated post-judgment <br /> coilection se�ic�s, the cost of searGhing re�vrds, nbtaining title reports �includiny foreclosure reports�, sur�eyors' <br /> repvrts, and appreisal �ees, titls insurance. and fees for the Trustee, tv the extent permitted by applicable law. <br /> Trustar also wil�pay any court casts, in addition tv all�ther sums pro�ided by law. , <br /> R�shts of Truatee, Trustee shal!have a11 of the rights and duties o�Lender ss set#nrth in this sectivn. <br /> P�WERS AND aS�IGATi�NS aF TRUSTEE. The follawing pro��s�ons relating�o the pawers and abligations a�Trustee <br /> are part of this D�ed of Trust: <br /> PowBrs�f Tru+atee. fn addition ta all pawers�f Trustee arising as�matter of faw,Truste�shall ha�e the pawer to <br /> take the foi#vwing actions with respect tv the Property upon the written request of Lender and Trustor: �a}join in <br /> preparing and filing a map ar plat o#the Reai Property, including #he dedication of streets or ather rights to the <br /> public; �bf jain in granting any easement or creating any restr�cti�n on the Real Pr�perty; and [c} join in any <br /> sub�rdination n�other agreement affecting this Deed of Trust❑r the interest❑f Lender under this Deed vf Trust. <br /> Trustee. Trustee shall meet atf quaiifications required for Trustee under appli�abie law. 1n ad�itivn t❑ the rights <br /> and remedies set toKh abo�e, with respect to all or any part of�he Prvp�rty, the Trustee shall ha�e the r�ght to <br /> foree�ose by notic� and sale, and Lender shall ha�e the right to fareclvs� by judicial �orecl�sure, in either case in <br /> a�cordance with and t�the full extsnt pravided by applicahle law. <br /> Su�cessar Trustee. L�nder. at Lender's option. may from t�me ta time appoint a successar Trustee to any Trustee <br /> appo�nted under this Deet� af Trust hy an instrument executed and acknowledg�d by Lender and recarded in the <br /> uffice af the recorde� af Ha�� County, 5tate o# Nebraska. The instrument shali cvntain. in add#tian #a all other <br /> matters requ�rted by state law, the names of the arig�nai Lender, Trustee, and Trustor, the havk and page t�r <br /> camputer syst�m reference� where this �eed of Trust is record�d, and the name and address af the successor <br /> trustee,and the instrument shal!be executed and acknowledged by all ths beneficiaries unde�this Deed of Trust vr <br /> their suc�essvrs in interest. The successor trustee, withvut can�eyance �f the Property, shall succeed #o all the <br /> t�#le, power, and du'ties canferred upon the Trustee in this Deed of Trust and by applicable�aw. This pro�edurs fvr <br /> su�stitution a�Trustee shal�go�ern to the exciusion ot all ather pro�isians for substituti�n. <br /> NDT[�ES. Any nati�s required tv be gi�en under this [3eed of Trust, includ�ng without limitativn any nv�ice a�default <br /> end �ny notice vf salg she�� he gi��n in writ�ng. and shaEl be effecti�e when actually deli�ered. when actuat�y rece'r�ed <br /> by telefacsirnil� tunless❑therwise required by tawf r when deposited with a nationally recagnized fl�ernEght courier,or, if <br /> maited, when deposited in the United States mai�, as first class, certified or registered mail postage prepaid, dire�ted to <br /> the add�esses shown near the beginning of this fleed af Trust. All copies of notices of foreclasure#rvm the holder ❑f <br /> any lien whi�h h�s priarity o�er this Deed af Trust shall be sant�o Lender's address, as shawn near the heginning of <br /> this Desd of Trust. Any party may change its address #or not+ces under this ❑eed of Trust by gi�ing fvrrnal written <br /> notice t� the vther parties, speci�ying that the purp�se af the n�tice is to change �he party's address. For notice <br /> purposes.Trustar agrees ta keep Lender informed at aii times a�Trust�r's�ur�ent address. Unless otherwise pro�ided <br /> vr required by law, if th�re is more�han�ne Trustor. any nvtice gi�en by Lender ta any Trustor is desmed to be notice <br /> gi�en to al1 Trustors. <br /> NlIS�ELLANE�US PROVi51�NS. The fvllowEng miscellaneaus pro�isivns are a part�f this De�d v#Trust: <br /> Amsndmen#s. This �eed of Trust, tvgether with any Related Dvcumen#s, constEtutes the ent:re unde�standing and <br /> � agresment❑f the parties es ta the matters set forth in this Deed art Trust. No altecativn o�❑r amendment tv this <br /> ❑eed o#Trus#shal� be�ffecti�e un[ess gi�en in writing and signed by#he party❑r parties sought to be �harged or <br /> bound hy the al#eretian or amendment. <br /> Annua� Re�rort�. �f the Praperty is used 'Fvr purposes ather than Trustor's residen�e, Trustar shall furnish ta <br /> � Lender, upan reques#, � certified statement of net operating incarn� recei�ed from the Property during Trustar's <br /> � pre►►ious fisca� year in such forrn and detai� as Lender shall require. "Net aperating income" shall mean all cash <br /> receipts frvr�n#he Property less all cash expenditures made in�onnec��on w�th the aperat�on of the Property. <br /> C�ptian Headings. Caption headings in this Deed of Trust are far con��nience purposes only and are not ta he <br /> used#o interpret or define the pro�isions af this Qee�f af Trust. <br /> Mergar. The�e shall be no merger v#the interest vr esta#e created by this Deed of Trust with any ather interest ar <br /> , estate[n the Pfaperty at any time held by vr for the henefit o#Lender in any capacity, withaut the written cansent <br /> vf Lender. <br /> GoWerning Law. This Deed of Trust w�ll be go�erned by federaf law applicab�e ta Lender and, to the �xtent nvt <br /> praempted by�edera!�aw,th�I�ws of the State o#Nehraska without regard to its cflnflicts of law pra�isions. This <br />