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��1 5�6�44
<br /> DEED �F TRUST
<br /> �Continued} Page fi
<br /> ' perf�rmance 4�any indebtedness or abligativns secured by this Deed vf Trust and to exerc�se all rights and powers
<br /> under•this �eed of Trust, under the Note, under any af the Related Documents, or under any other agreem�nt o�
<br /> , any�aws now ar here�fter in force; natwithstanding, some or all of such indeb�edness and flbligations secured by
<br /> this ❑ee� af Trust may naw ar hereafter be atherwise secured, whether by mortgage, deed ❑f trust, pledge, li�n,
<br /> ' assignment or otherwise. Neither the a�cep#ance vf this �e�d vf Trust nor its enforcernent. whether by court
<br /> • action or pursuant to the pow�r of sale or other pawers contained in this Deed of Trust, sha�� prejudice or in any
<br /> manner affect Trust�e's vr Lender's right to real�ze upvn or enfarce any ather seGurity now ar hereafter held by
<br /> Trustee or Lender.it being agreed that Trustee and Lender,and each of them,shall be entitEed to snfor�e this❑eed
<br /> .of Trust and any other security n�w ❑r hereafter held hy Lender ar Trustee in such arder and manner as they or
<br /> either of them m�y in their �bsolu#e discretion determine. No remedy conferred upon ar reser�ed �o Trustee or
<br /> Lender, is �ntended to be exclusi�e of any other remgdy in this Deed of Trust ar hy Eaw pro�ided ar pgrmitted, bu#
<br /> � � each shal� be cumu�ati�e and sha�l be in edditian to e�ery oth�r remedy gi�en in this Deed ❑f Trust or naw vr
<br /> hereafter exist+ng at!�w or in equity or by atatute. E�ery power oR remedy gi�en by the Note or any o�the Related
<br /> Documents to Trustee or Lender or to which either of thern may be a#herwise entitl�d, may be exer�ised,
<br /> � cancurrently vr independently, from time to time and as oft�n as may be deemed expedi�nt by Trustee or Lender,
<br /> . and ei�her of them may pursue �n�onsistent remedies. Nvthing in this Deed o� Trust shall be �onstrued as
<br /> prohibiting Lender fram seeking a deficiency judgment agafnst the Trustor tn ths extent such action is perrnitted by
<br /> law. Ele�tion by Lender t❑ pursue any remedy shall nvt exclude pursuit vf any vther remedy, and an eiect�on t❑
<br /> make expend'+�tures ar ta#ake ac'�ian to per#arrn an obligatian of Trustnr under this ❑eed af Trust, after Trustor's
<br /> failure ta perfvrm,sh�ll not affect Lender's right�o declare a default and exer�ise its remedies.
<br /> Requ�st for NotiCe. T�ustor,on behalf o'F Trustor and Lender, hereby requests that a copy ot any NQtice vf❑efault
<br /> � and a copy vf any NotEce of Sale under this Deed of Trus# be mail�d tn ih�m at the addresses set f�rth in the first
<br /> 'paragraph vf this De�d❑f Trust.
<br /> - Attarneys' Fees: Expenses. If Lender institutes any st�it or a�tivn to entorce any �f the terms �f this Deed af
<br /> � • Trust, Lender shall be entitled t❑ recv�er such sum as the caurt may adjudge reasonable as attorneys' fees at trial
<br /> . and upon sny appeal. Whether ar nat any caurt action is in�olved, and ta the extent nat pr�hihited by law, ail
<br /> � reasonable expenses L�nder incurs that in Lender's opinian are necessary at any time for #he prote�tian of its
<br /> - interest or ths enforcernent af i#s rights shall becorng a part of the Indehtedness payable on dernand and shafl bear
<br /> interest at the Nvte rets frorn the date o�the expenditure until repaid. Expenses cavered by this paragraph include.
<br /> without limitatian. h�we�ar suhj�ct to �ny �imits under applicable law. Lender's a�torneys' fees and Lender's legal
<br /> expenses. whether �r not there is a lawsuit, includ'+ng att�rneys' fees and expenses fvr bankruptcy praceedings
<br /> : {�n�luding effvrts#v madi#y vr�acate any automat�c stay or injunctionf, appeais, and any anticipated post-�udgment
<br /> coliection ser�ices, the cflst o�searching records, abtain�ng title reparts �in�luding fnreciosure r�ports�, sur�eyors'
<br /> . reparts, and appraisa� fees, tit�e insurance� and �ees for the Trustee� to the extent permitted by applicabie law.
<br /> Trustor also will pay any court costs, in addition to all❑ther sums pra�ided by law.
<br /> Rights a�Trustee. Trustee shall ha�e af(af�he rights and duties�f Lender as set forth in this sectian.
<br /> P�WERS AND ❑BLtGATIONS OF TRUSTEE. The fo��awing pro�isions relating ta the pvwers and ab�E�atians of Trustee
<br /> . ar�part of this�eed of Trust:
<br /> • . Powers of Trustee. In addi�ivn to all powers o�Trustee ar�sing as a rnatter o#law,Trustee shall ha�e the power to
<br /> . take the fo�lowing activns with respe�t tn the Prvperty upvn the written�equest of Lsnder and Trustor: �a) jv�n in
<br /> _ preparing and filing a map or plat ❑f the Real Property. including the dedication ❑f streets ❑r vther ri�hts to the
<br /> pub��c; Rbf i�in in grenting any easement ar creating any restrictian an the Real Property; and [�� �vEn in any
<br /> � suhvrdination or other sg�eament a�fgcting this Deed o�Trust or the Enterest of Lender under this De�d v�Trust.
<br /> Trustee. Trus#ee sh�l! meet all qualificetions required for Trustee under epplicable lew. in eddittvn to the rights
<br /> and remedies set#arth abo�e. with respect to �1� or any part ❑f the Property, the Trustee shall ha�e the right to
<br /> ' farec�ase by not+ce and sele, and Lender sha11 ha�e the right ta fareclose by�u�iciaf f�reclosure, in ei#her cas� in
<br /> • accardance with and to#he fulf ex�ent pro�ided�y applicable law.
<br /> � 5u�cessor Trustae. Lender,at Lender's ap#ion, may from time to time appoint a su�c�ssor Trustee to any Trustes
<br /> � . appain�ed under#his ❑eed af Trust hy an instrurnent executed and a�knowledged by Lendsr and recarded in the
<br /> � �ffice ❑f th� recorder of HALL County, 5t�te ❑f Nebraska. The instrurnent shall contain, in addition to all other
<br /> . matters required by state law, the names af the vrigina� Lender, Trustee, and Trustar, the baok and page �or
<br /> camputer system referencey wher� this Deed flf Trust is re�vrded, and the name and address of the su�cessor
<br /> .� trustee�and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> the'sr successars in interest. The success�r trustee, wi�hau'�can�eyance af the Praperty, shall succe�d t❑ all the
<br /> � t�tfe, pawer, and duties conferred upfln the Trustee in this Deed❑�Trust and by applicable Eaw, This pracedure far
<br /> � substitutEon o#Trustee sh�ll go�ern tv the exclusion af all other p�o�isions for substitution.
<br /> N�TICES. Any noti�e required ta be given under this Deed ❑f Trust, in�lud�ng without limitation any notice of default
<br /> end eny notice vf ssle shafl be gi�en in writing, and shall k�e �ffecti�e when actually delivered, when actually recef�ed
<br /> � by telefacsimile�unless otherwise required by 1ewy, when depnsited with a netionally recagniZed a�ernight�ourier,ar, if
<br /> mailed, when depasitgd in th�United S�ates mail, as f�rst class, Gertified or registered mail postage prepeid, dire�ted ta
<br /> the addressss shown near the heginning of this Qeed of Trust. A�I capies vf nnt�ces of fvreclasure from the holder�f
<br /> any lien which has priQrity o�er this Deed of Trust shall be sent t❑ Lender's address. �s shown near the beginn;ng o#
<br /> this Deed of Trust. Any party may change its address f�r notices under this Deed vf Trust by gi�ing formal written
<br /> natice to the other parties, specifying that the purpose ❑� the nvtice is t� change the party's address. Far notice
<br /> • �urposes.�'�rustor agrees tn keep Lender informed at a11 times�f Trustor's current address. Unless otherw{se pro�id�d
<br /> nr required by iaw, if there is mare than one Trustor. any noti�e gi�en by Lender to any Trustvr is deemed to be notice
<br /> gi�en ta all Trustors.
<br /> • MISCELLANE�US PRDVISl�NS. The#ollowing misceilane�us pro�isivns are a part��this Deed of Trust:
<br /> •. Amendmsnts. This Deed of Trust, together with any Related ❑ocuments, constitutes the entire understanding and
<br /> agreement of the parties as ta �he rnatters set forth in �his Deed vf Trust. No altera�ion of or amendment to#his
<br /> , Deed�f Trust shall be effecti�e unless gi�en in writ�ng and signed by tha par#y ar parties saught to be charged ar
<br /> b�und hy the alteration or amendment.
<br /> ' Annual R�porta. If the Property is used fvr purposes �ther than Trustor's residenca, Trustar shall furnish to
<br /> ' � � - Lender, upon request, � csrtified statement of net aperating income �ecei��d frvm the Prvperty during Trustor's
<br /> pre�ious fisc�l ye�r in such form and detail as L�nder shall require. "Net operating income" shall mean all cash
<br /> receipts from the Property less a11 cash exp�nditures made in connection with the operatian of the Prvperty.
<br /> Captian Haadings. CaptEon headings in this Deed of Trust are fvr con�enience purposes only and are nvt to be
<br /> used tv inxerpret oc define the prn�isians o�#his Dee�o�Trust.
<br /> � Nlerger. There sha�1 he nv merger of the inte�est or estate created by this Qeed vf Trust with any vther in�eres�or
<br /> estate in the Praperty at any time held by ar far the henefit vf Lender in any capaci#y, without the written consent
<br /> � af Le nder.
<br /> Go�erning Law. This Deed �f T�ust will b� gv�grned hy federa! I�w app[i�eble to Lender and, to#he extent not
<br /> prsempted by federa!law,the laws of the 5tate o#Nshraska withvut regard ta its canflic#s af�aw prov�sians. This
<br /> . Deed vf Truat haa been accepted by Lender in the S#ete af Nebraska.
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