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� Z�15�531�
<br /> aEED �F TRUST
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<br /> ' ��antinu�dj Page s
<br /> perfnrmance of any indebtedness or oblig�t�ans secured by this Deed of Trust and t�exercis�al�rights�nd powers
<br /> under this ❑eed of Trust, under the Note. u�nder any o�the Related ❑ocuments, o� under any vther agr�ement �r
<br /> any laws now or hereafter in fflrce; notwithstanding, svme or all of such �ndebtedness and ❑btigations secured by
<br /> this ❑eed of Trust may naw or hereafter be�otherwise secured, whether by mvrtgage, deed o#trust, pledge, lien,
<br /> assignment vr otherwise. Neither the acceptance of this Deed af Trust nvr its enforcement, whether by court
<br /> act�on or pursuant#o the power o�sale or other powers contained 'rn this Deed of Trust, shall pre�udice vr in any
<br /> manne� aff�ct Trustee's ar Lender`s right to reafize up�n or enfarce any other security now or hereafter heid by
<br /> . Trustee ar Lender. it being agreed that Truste��nd Lender, and each of them,shall be enti�led tv enfor�e this Deed
<br /> vf T�ust and any vther secur�ty now vr hereairter held by Lender or Trustee in such nrder and rnanner as #hey �r
<br /> either af them may iri �heir absolute discretian determ�ne. Na remedy conferred upon or reser�ed ta Trustee ar
<br /> Lender� is intended to be exclusi�e of any other remedy in this Deed of Trust or by !aw pro�ided or permitted. but
<br /> �ach shall be �umulati�e and shall be in additivn #a erery other remedy gi�en in this Deed vf Trust or nvw or
<br /> hereafter existEng at law or in equity or by sta#ute. E�ery pawer or remedy gi�en by#he Note or any❑f the Related
<br /> Dvcuments t❑ Trustee or Lender ar to which eith�r vf #hem rnay be atherwise entitfed, rnay be exercised,
<br /> cvncurrently or independently, frorn time to time and as ❑ft�n as may be deemed expedEent by Trustee or Lender,
<br /> and either of them may pursue in�onsistent rerned�es. Nothing in this D��d of Trust shall be �onstrued as
<br /> , prohibit�ng Lender frorn seeking a deficiency judgment against the Trustvr fo the ext�nt such activn�s perm�tted hy
<br /> �avu. Ele�tion by Lender ta pursu� any rem�dy shal� not exclude pursuEt o# any othgr �emedy, and an electian to
<br /> make expenditures or to take a�x�fln to perform an obligativn a�Trust�r under this Deed of Trust, after Trustar's
<br /> failure tv perfvrm,sha�l nat affect Lender's r�ght tv dec�are a default and exercise i#s remedies.
<br /> Request#vr Nati�a. Trustor, an behalf af Trustor and Lender, hereby requests that a capy of any Notice of Default
<br /> � and a capy of any Notice vf S��e under this Deed of Trust he mailed ta them at#he addresses se#fo�th in�he first
<br /> paragraph of this Deed of T�ust.
<br /> Attorneys' Fe�s: Expenaes. I# Lender inst+tu#es any su+t or action to enfvrce any af tha t�rms �f this Deed of
<br /> Trust, Lender shall be entitled to reco�er such surn as the court rnay adjudge reasonable as attorneys' fees at�riai
<br /> and upvn any appeal. Whether vr n�t any �ourt a�tian is in�o[�ed. and tv the extent nat prvhibited by law, a#�
<br /> reasvnabfs expenses Lender incurs that in Lender's ❑pinian are necessary at any tirne fior th� protec#ion of its
<br /> interest o�the en�orcement o#its rights shall becom�a part af the lndebtedness payabl�vn d�mand and shall hear
<br /> interest at the Note rate from�he date of the�xpenditure un#il repaid. Expenses cn�ered by this paragraph include,
<br /> with�ut limitation, howe�er sub�ect to any limits under applicable law, Lender's attvrneys' fe�s and Lender's legal
<br /> expens�s, whether or not there is a lawsuit, inc�uding attorneys' fees and expenses �ar bankruptcy proceedings
<br /> �in�luding efforts t❑modify ar�acat�any�ut�matic stay❑r injun�tion�,app�als.and any anticipated post-judgm�nt
<br /> � collection s�rvices, �he cost❑f searching recvrds, obtaining title cepor#s �including fore�losure reports�, sur�eynrs'
<br /> rep�rts, and appraisal fees, title insurance, and fees f�r the Trustee, tv the extent permitted by applicab�e faw.
<br /> Trustar also will pay any court costs,�n addition ta a!!other sums pra�ided by�aw.
<br /> Rights vf Trustee. Trustee shaE!ha►►e ali of ths rights and dut�es vf Lender es set forth in this sectian.
<br /> , P4WERS AND 4BLIGATIDNS�F TRUSTEE. The following pro�isians relating to the powers an�!obfigations ot Trustee
<br /> are part ofi this�e�d of Trust:
<br /> Powers vf Trustee. In a�dit�on�a a11 powers❑f Trustee arising as a matter vf Iaw.Trustee shall ha�e ths pawer to
<br /> take the faflvwing activns with respect ta the Property upon the written request of Lender and Trustor: �af jain in
<br /> preparing and fi�ing a map or plat of the Real Praperty, inc�uding the dedication af streets or other rights tv the
<br /> ! pubfic; �bf jain in granfing any easement or cr�ating any restriction ❑n the Rea! Praperty; and {c� jv+n fn any
<br /> subardination ar other a�greement affecting this❑eed of Trust or the interest❑f Lender under this�eed vf Trust.
<br /> , Trustee. Trustee shall rneet all qualifications required far Trus#ee under applicable law. In addit+on ta the �ights
<br /> and remedies s�t farth ehv�e. with resp�ct ta a!I ❑r any par# �f the Property, the Trustee shali ha►►e the right �o
<br /> forecfose by nvti�e and sale, and Lender shal[ ha�e the righ#tv foreclos� by judicial for�c�osure, in either case in
<br /> accardance with and tv the full sxtent pr��ided by applicahle law.
<br /> 5uccesaor Trustee. Lender, at Lend�r's option,may frflm tims ta time appaint a successvr Trustee tv any Trustee
<br /> appvinted under this Deed of Trust by an instrument exe�ut�d ant! acknowledged by Lender and re�orded in the
<br /> office af the recvrder of Hall Caunty, State o# Nebraska. The instrument sha11 cantain, in additian to al� other
<br /> matte�s requirad by state law, the names a� the original Lender, Trustee. and Trusto�, th� baak and page tor
<br /> c�mputer system referanGel where 'this Da�d o# Trust is recarded, and the name and address of the successor
<br /> trustee,and the�nstrument shall be executed�n�acknowledged by sli the benefi�i�ries under this Deed of Trust vr
<br /> their su�Gessors in in��rest. T�1� 5tlCCeSS��' tl'Li5��8i withaut con�eyance af the Praperty� shall succeed to al� the
<br /> , titie, power, and duties con�erred upon the Trustee in this Deed of Trust and by applicable faw. This p�ocedure for
<br /> substitutian of Trusxee shall go�ern to the sxclusion of all vther pro�isions fvr substi�utian.
<br /> N�TICES. Any notice required ta be gi�en undQr this Qeed ❑f Trus#, including without limitatian any nvt�ce of default
<br /> and any notice of sale shafl be gi�en in writing. and shafl be effective when ac#ual�y deli�ered, when actually recei�ed
<br /> by telefacsimils�uniess a#herwise rgquired by Iaw1.when deposited with a nativnal�y r�cagnized a�ern�ght courier, vr, if
<br /> ma��ed, when d�pasited in the UnEted States maif, as tirst class, certi�ied ar register�d maFt postage prepaid, directed ta
<br /> the addresses shawn near#he beginning of this ❑eed o#Trust. A!i copies of notices nf fareciosure fr�m the halder a#
<br /> any lien which has priority a�er thfs Deed ofi Trust sha11 be sent to Lsnder's address, as shvwn near the beginning of
<br /> this �eed af Trust. Any party may �hange its address fvr notices under this De�d of Trust by gi�ing #orma! written
<br /> not�c� to the other parties, spec�fying that the �purpose af the notice is to change the party's address. For notice
<br /> purposes,T�ustor agrees to keep Lender informed at all tirnes o�Trustor's current address. Unless otherwis�pra��ded
<br /> vr required by law. if there is m�re than ane Trus�or, any notice gi��n by Lender to any Trustor is deemed to be notice
<br /> gi�en ta a[�Trustors.
<br /> M15CELLANE�US PR�VISI�NS. The faflaw�ng miscel[aneaus pro�isions are a pert❑f this Deed af Trust:
<br /> Amendrnenta. This Deed of Trust,tagether wE#h eny Rslated Documents,constitutes the entire understanding and
<br /> agreement of the parties as to the matters�et farth in#his Deed of Trust. IV� alteration of or amendment to this
<br /> i Deed af Trust shak�he eff�cti�e unless gi�en in writing and signed by the party vr parties s�ught#� be charged or
<br /> bound by the alteration❑r amandment. :
<br /> ; Annua� Reparts. I# the Praperty is used for purpvses ather than Trustnr's residence, Trustvr shall furnish tv
<br /> Lender, upfln request, � certified statement of net aperating income received from the Property durin� Trustor`s
<br /> pre�ivus fisca� year in such �vrm and detail�as Lendar shall require. "Net vperating incame''' shall mean all cash
<br /> rece�pts#rom the Property Eess all cash expe�ditures rnade in c�nnection with the aperativn vf the Pr�perty.
<br /> Cap#�an Headings. �aption headings in th'rs Deed of Trust are #or can�enience purposes only and are not to be
<br /> used to interpret or define the pro�is�ons vf th�s Deed vf Trust.
<br /> 11A�rger. Ther�sha[t be no m�rger vf the int�rest ar estate created by this De��1❑f Trust with any��her interest or
<br /> estate in the Property at any t�me held by ar for the benefit vf Lender in any capa�ity, withaut the wrif�en cvnsent
<br /> � ot Lender,
<br /> Go�erning L�tw. This'Deed of Trust will be 9overned by feder�! faw applicabfe tv Lender and, to the extent not
<br /> preemp#ed by federal law,#he laws of ths 5tate o�Nehraska without regard to its confli�ts of iaw pror►isians. This
<br /> Dead of Trust has heen accepted by Lgnder in the State Af Nehraska.
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