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��15�5938
<br /> aEEQ �F TRUST
<br /> .
<br /> ontinued� P;�ge �
<br /> assignment or o�h�rwise. Ne��her the acceptance a� this Deed of Trus� nor its enforc�ment, whether hy� cour�
<br /> actian or pursuant to the pov+rer af sale ar ather powers cvn#ained in this ❑eed of Trust, Shaff prejudic� �r in any
<br /> mann�r affect Trustee's or Lender's right to realize upon or enforce any ather security nvw or hereafter ��eld by
<br /> Trustee vr Lender, it being agreed that Truste�and Lender, and�ach Qf thern, shall be�nti�fed to en�orce thi:� Deed
<br /> � vf Trust and any other securi�y nvw or hereafter held by L�nder ar Trustee in such vrder and manner as t:hey or
<br /> ei�her ❑� th�m may in their absvlute dis�retian determin�. No remedy conferred upon vr reser�ed ta Trustee or
<br /> Lender, is �ntended to be ex�lusi�e�f any❑the� r�medy in this ❑eed af Trus� vr by law prv�id�d or pe�mitted, but
<br /> each shall he cumu�ative and shall be in addit�vn ta ��ery other remedy given in this �eed af Trust or nvw or
<br /> hereafter existing at law or in equity or by statute. Eu�ry pav►rer�r rem�dy given by the Note or any of the Related
<br /> Dacuments to Trustee or Lender ar tv which either af fihem rnay be otherwise enti�led, may b� exerc�sed,
<br /> concurrentfy or independ�ntly, from tirne�o time and as v�ten as may �e deemed expedient by Truste�or �_ender,
<br /> and either vf th�m rnay pursu� in�ansist�n� rem�dies. Nothing in this De�:d a� Trust sha�f be canstrued as
<br /> prah�biting Lender frvrn seeking a deficien�y judgment against the Trustor to the exten�such a�tivn is permi�:ted by
<br /> law. Elec�ion by Lender to pursue any remedy shall nvt ex�lud� pursuit of any vth�r remedy, �nd an ele�tion to
<br /> make expenditures or ta take action t� perform an ❑bligation o#Trusfior under �his De�d af Trust, after Tri�st�r's
<br /> #ailure to perform, shall no�afifect Lender's right�o declare a de�au�t and exer�ise its remedies.
<br /> Request far No�ice. Trustar, on behalf vf Trustor and L�nder, hereby requests that a�vpy af any Nvti�e a�[]efaul�
<br /> and a copy a�f any Natice of 5afe under this ❑eed of Trus�be mailed tv them at the address�s set forth in tr�e first
<br /> paragraph of this Deed af Trust,
<br /> Attorneys' Fe�s: Expenses. If Lend�r institut�s any suit or action t� enfarce any �� the �erms of this Deed of
<br /> Trust, Lender shall be entitled to re�over su�h sum as the c�urt may ad�udge reasonable as attorneys° fees at triaf
<br /> and upan any appeai. 11Vhe�her ar nat any �ourt action is in�of�ed, and to the ext�nt nat prol�ibi�ed hy )��w, all
<br /> reasvnabf� expenses Lender incurs that in Lender's opinian ar� necessary at any time for the protection of �ts
<br /> interest or the enfarc�ment of its rights shall become a �art of the lndebtedness payable on demand and sh��ll bear
<br /> interest a�the Note rate fram the date of th�expenditure until repaid. Expenses co��red by this paragraph ir�clude,
<br /> without f imitatian, hawe�er sub�ect to any lirnits under app�icable law, Lender"s attorneys' �ees and Lender"s legal
<br /> expenses� whether or nat #here is a fawsuit, including atto�neys' fees and expenses fvr bankruptcy pra�eedings
<br /> {including effiorts to rnodify ar�a�ate any au�amatic stay❑r injunctiony, appeais,and any anti�ipat�d post-judgment
<br /> call�ctian ser�ices, �he cast �f searChing re�ords, obtaining title reports �inc#uding fQrec�osure reports�, surveyors"
<br /> reports, and appraisal �ees, titf� insurance. and fees �or the Trust�e. �o �he extent perrnitted by appiicable law.
<br /> Trustor also will pay any court c�sts, in addEti�n t❑all ❑�her sums pra�ided by law.
<br /> Righ�s of Trustee. Trustee shall hav� all�f the rights and duties of Lender as set forth in this sect�an.
<br /> P�WERS AND❑BL�GATi�NS DF TRUSTEE. The follvwing pro�isians rela�ing to�he p�wers and �biigativns o�Trustee
<br /> � are part o�this❑e�d vf Trust:
<br /> Pvwers v�Trustee. In additian ta all pvwers of Trustee arising as a matter af law, Truste�shall h��e�he pawver ta
<br /> �ake the fio�lowing ac�ions with respe�t�o the Praperty upon the written requ�s�af Lender and Trustor: {a� join in
<br /> preparing and filing a map ar plat v� the Real Prvperty, in�luding the dedication of streets or ather rights to the
<br /> public; �by j�in in granting any easement �r crea�ing any restriction on the Rea� Proper�y, and �c� join in any
<br /> subordinatian or❑�her agreement aff�cting this❑eed o#Trust or the interest❑f Lender under this aeed a�Trust.
<br /> Trustee. Trustee shall meefi aff qualifications required for Trus�ee under appficable law. In addi�ion tv �the rights
<br /> and remedies set fvrth abv�e, v►�ith respec� t❑ all ar any part o�the Property, �he Trustee shal! ha�e the right tv
<br /> foreclase by nQt[Ce and sale, and Lender shall have the right to foreclase �y judicia� fvreclosure, in either �:ase in
<br /> accordance with and to the full extent pravided by applica�le law.
<br /> Successar Trustee. Lender, a�L�nder's option, may from time fio time appoint a suc�essar Truste�to any Trustee
<br /> app�inted under �his ❑eed a�r Trus� by an ins�rument execu��d and acknowledged by Lender and recorded in �he
<br /> �ffic� vf fihe recorder of HALL Caunty, State o� Nebraska. The instrument shall Gonta�n� in addition tv all ather
<br /> rnatters required by state law, the names of the original Lender, Trustee, and T�ustor, the book and pa�e �or
<br /> cornputer system �efi�ren�e) where �his Deed af Trust is re�o�ded, and the name and addr�ss �f the suc�essor
<br /> trust�e, and the instrument shall be executed and a�knowl�dged by all�he beneficiari�s under this Deed af Tr'ust or
<br /> their su�cessars in interest. The suc�essor trustee, withaut can��yanc� a�the Praperty, shali succeed to alf the
<br /> ti�le, power, and duties cvnferred upan the Trust�e in this Deed❑f Trust and by applicable law. This pr�ced�.�re�or
<br /> substitution of Trus�ee shall go�ern to fihe ex��usion of all vther pro�is��ns�or subs�ituti�n.
<br /> IV[]TIGES. Any natice requ�red to be gi�en under this D�ed af Trust, including without �imitation any n4tice of c�e�auit
<br /> and any nati�� ❑f sale shall he gi�en in writing, and shall be e��ecti�e when actual6y deli�ered, when actuall� recei�ed
<br /> by telefacsimife �unless otherwise required by lav►iy, when depos�ted with a national�y re�ogniz�d o�ernight cau��er,ar, if
<br /> mailed, when deposited in the United 5�ates mail, as first c[ass, certified or registered rnail pflstag� prepaid, direct�d �a
<br /> the addresses shawn near the beginning of�his Deed vf Trust. All copies a�natices vf fore�lvsure fram the hvl�er of
<br /> any fien which has priority o�er this Deed of Trust shall be sent t❑ Lender's address, as shown near the beginr�in� v�
<br /> this De�d of Trust. Any party may change i�s address for natices under this Qeed of Trust by gi�ing formal ►�vr�tten
<br /> natice to the other parti�s, spe�ifying that �he purpose of the nvtice is to change th� party's address. For n�ti�e
<br /> purposes, Trus�ar agrees to ke�p Lender�nfvrrned at all times a�Trustor's current address. Llnless vtherrrvise prc}�ided
<br /> ar required by iaw, if the�e is more than ane Trustor, any noti�e gi�en by Lender to any Trustar is deemed to be notic�
<br /> gi�en�o al�Trustors.
<br /> IVI�SCELLANE[3U5 PR�V151�NS. The folla►nring misce�lane�us pro�isiflns are a part❑�this Deed af Trust:
<br /> ►4mendments. This De�d of Trust, togethe�-with any Rela�ed DoGuments, �anstitutes the entire unders�anding and
<br /> agreement o�the parties as t❑the matters set forth in this Deed of Trust. N� alteration of or amendment�o th�s
<br /> Deed Qf Trust shall �e ef�ecti�e unless gi�en in wri�ing and signed by fihe par�y vr parties sough#to E�e char�ged or
<br /> bound by the af�eratian or amendment.
<br /> Annual Reparts, If the Property is used for purpvses other than Trustflr's residenGe, Trustor shall furnish to
<br /> Lender, upan request, a cerfiified statemen� of net aperating income recei�ad frorn �he Property during Trus�vr's
<br /> previvus �iscal year in such form and detail �s Lender shall require. "Net ❑p�ra�ing in�ome" shall mean alf cash
<br /> receipts from the Property less all cash expenditures rnade in connection w�th the operatian of the Praperty.
<br /> Caption Headings. Caption headings in this Deed of Trust ar� fo� con�enience pu�pvses vnly a�d are nvt to be
<br /> used ta inte�pret or define the pro�isians of this Deed vf Trust.
<br /> . �111erger. There shall be no merger o��he infierest vr estate crea�ed by this Deed af Trus�wi�h any other inter�est or
<br /> esta�e in the Property at any tim� he[d by or f�r�he henef�t of Lender in any capacity, without th�writt�n c�tnsent
<br /> of Lender.
<br /> Ga�erning Law. This Deed �f Trust will be gov�rn�c� by federai law applicah�e to L�nder andr �o the exten� not
<br /> preempted by federal�aw,th� laws o�the State nf Nebraska urrithvut regard ta its cvnfli�ts of law pro�isians. This
<br /> Deed o�Trust has been ac�epted by Lender in the State o�Nebraska.
<br /> Cho�ce of Venue. I�there is a lawsuit, Trustor agrees upon Lender's r�ques� ta subrnit �a the�urisdiction raf the
<br /> courts of Hal! County, State of Nehraska.
<br /> Jnint and 5e�era� Liahili#y. All vbligations af Trustor under this Deed �f Trust shal! �e jaint and several, and alf
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