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2� 15�774�
<br /> DEED �F TRUST
<br /> ���nti�ued� Page �
<br /> this Deed of Trust may now or hereaf�er be a�kherwise secured, whether by mortgage, deed ��trust, pledge, lien,
<br /> assignment or atherwise. Neither the acceptance of this Deed o� Trus# nor its en�orcemenfi, wh�ther by cour�
<br /> action ar pursuant to the power of sale or other powers cantained in this Deed af Trust, shall pr�judice or �n any
<br /> manner affect Trustee's or Lender's right ta reali�e upon ar enforce any other security naw or hereaf�er heid by
<br /> Trustee or Lender, i��eing agreed that Trustee and Lender, and each af fihem, shall �e enti�l�d ta en��rce�his D�ed
<br /> of Trust and any o�her security naw or hereafter held by Lender ar Trustee in such arder and manner as �h�y �r
<br /> �ither of them may in the�r absalute d�scretion de�ermine. N� remedy con�erred upon vr reser�ed to Trustee a�
<br /> Lender, is intended �o be exGfusi�e of any other remedy in this Deed of T�ust or �y faw pro�ided or permi�ted, but
<br /> each shall be cumu[ati�e and shall be in addition to e�ery ❑th�r remedy gi�en in �his Deed of Trust �r� now ar
<br /> herea�ter existing at lavu or in e�uity vr by statute. EWery powe�or remedy given by the Note or any o�the Related
<br /> Dacuments to Trust�e or Lender or tv which either of them may b� otherwise �ntit�ed, may be exercised,
<br /> c�ncurrently or �ndep�ndently, fram time ta time and as of�en as may be deemed expedien�k by Trustee or Lender,
<br /> and eith�r of �hem may pursue inconsistent remedies. Nothing in this Deed �f Trust shall be constru�d as
<br /> prohibiting Lender from seeking a de��ciency judgm�nt against the Trustor tv �the extent such action is permitt�d by
<br /> law. Electian by Lender to pursue any remedy shall not exclude pu�suit of any other r�medy, and an e��ction to
<br /> make expenditures or to take action to perform an oi�[igation af Trustor under this D��d of T�ust, after Trustor's
<br /> fai�ure to per�orm, sh�ll not a��ect Lend�r's right�o dec�are a default and exercise its remedies.
<br /> Request for Notice. Trus�or, on behaif o�Trustor and Lender, hereby requests that a cvpy af any N�tice of De�ault
<br /> and a copy of any Na�ice of Sale under this De�d �f Trust he mailed to them at�he addresses se�t forth in th� first
<br /> paragraph af this Deed of Trust,
<br /> A�torneys' Fees; Expenses, I� Lender institutes any suit or action �o enforce any of �he terms af fihis Deed of
<br /> Trust, Lender shali he en�i�led to recover such sum as the court may adjudge reasonable as attorneys' �e�s a�tria�
<br /> and upon any appeaf. V1lhether or not any court ac�ion is in�o(�ed, and to the ex�en� na� prahibited by law, all
<br /> reasonable expenses Lender in�u�s �hat in Lender's opinian are necessary a� any time for �he protection of ifis
<br /> interest or�he enforcement of i�s rights shall k�ecame a par�❑f the Indeb�edness payable on demand and shall bear
<br /> interest at th� Note r�te fr�m the date afi the expenditure until repaid. Expenses co�ered by this paragraph include,
<br /> withou� limitation, hawe�er subject ta any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or nvt there is a �awsuit, including attorneys' #e�s and expenses �or bankruptcy prac��dings
<br /> �inc�uding efforts to r�od��y or�acate any automatic stay ar injun�tion�, appeals, and any an�icipated post�judgmen�
<br /> collectian ser�ic�s, �he cosfi of searching records, vbtaining title reports ��ncluding far�c�asure report$y, sur�eyors'
<br /> reports, and appraisal fe�s, �itle �nsurance, �nd �ees ��r the Trus�ee, to �he extent permitted by applicable law.
<br /> Trustor also will pay any court costs, in addit�on t❑all oth�r sums pro�ided by law.
<br /> Rights o�Trustee. Trustee shalf ha�e all af the rights and dut�es of Lender as se�for�h in this sec�ion.
<br /> PDVIlERS AND�BL[GATIDNS DF TRUSTEE, The �a���wing pro�isivns relating tQ the povuers and Qbligations of Trustee
<br /> are part afi this Deed of T�us�:
<br /> Powers of Trus�ee. In addi�ion to a�� powers of Trustee arising as a mat�er o�f law, Trustee shal! ha�e the power ta
<br /> �take the �f�l�owing actions with respeet�o the Pr�perty upon�he written request o# L�nder and Trustor: �a} join in
<br /> preparing and filing a map or plat o# the Real Proper�ky, �ncluding the dedication of stree�s or other rights t� the
<br /> pubiic; �b� jo�n in granting any �asement or crea�in� any r�stricti�n on the Real Property; and �c} jain in any
<br /> subordina�ion o�other agreement affecting this Deed o�r Trust or the interest o�Lender und�r�his Deed�f Trus�.
<br /> Trustee. Trustee shall meet all qualifiications required for T�ustee under applicable law. In addition to �he rights
<br /> and remedies set �orth abo�e, with respect to a[t or any par� of the Property, the Trustee shall ha�� �h� right to
<br /> fvreclos� �y notice and sale, and Lender shal� ha�e the right �o fore�lose by gudicial �orecl�sure, in either case in
<br /> accordance with and to the fu��exten�pro�ided by applicabl� �aw.
<br /> SuG�essor Trustee. Lender, at Lender's op�ion, may�rrom time�a time appoint a successor Trustee to any Trus�ee
<br /> appointed under �his ❑eed af Trust by an instrument execu�ed and acknowledged by Lender and re�vrded in the
<br /> o��ice af the recorder v� Hall �aunty, Stat� af Nebraska. The instrurnen� shall contain, in addi�tion �o a�l other
<br /> matters requir�d by state law, the names af �he original Lender, Trust�e, and Trustar, �he �ook and pag� {or
<br /> computer system refer�ncey where this Deed of Trust is rec�rded, and the name and address o� the su�c�ssor
<br /> trustee, and�he instrument shall be executed and acknouvfedged by all the beneficiari�s under this Deed vf Trus�or
<br /> the�r successors in in�erest. The successor trustee, w�thaut con�eyance o��th� Proper�y, shall succeed to all the
<br /> ti�le, power, and du�ies conferred upon the Trustee in th�s I�eed of Trust and by applicable law. This pr�cedure for
<br /> substitution of T�ustee shal�ga�ern to�the ex��usion of all other pra�isions for substitution.
<br /> NDTICES. Any notice required to be given under this Deed af Trust, including without limitation any natice of defauit
<br /> and any natice of sale shall be gi�en in writing, and sha[l be effe�ti�e when actually deli�ered, when actually recei�ed
<br /> by��lefacsimile {unless otherwise requ�red by law}, uvhen depasited with a na�ional�y recognized o��rnigh�cflur�er, or, i�f
<br /> mai�ed, when d�pasited in the Uni�ked States mail, as first class, cerfii�ied or registered mail pos�age prepaid, directed �o
<br /> the addresses shown near the beginning of this Deed of Trust. All copies o�f no�ices a�foreclosure �rom �he ho(der of
<br /> any I�en which has priority o�er this Deed af Trust sha�l be sent ta Lender's address, as shown near the beginning of
<br /> this Deed of Trusfi. Any party may change its address for notices under �his Deed o� Trust by gi�ing farmal written
<br /> notice �o the oth�r par�ies, specifying that the purpose of th� n��ice is t❑ change the party's address. For notic�
<br /> purposes, Trustor agrees to keep Lender in�armed a�all times o�F Trustor's current address. lJnless otherwise pro��ded
<br /> or required by law, �f there is more �han one Trustor, any notice gi�en �y Lender to any Trust�r is deemed to be notice
<br /> gi�en to a�!Trustors.
<br /> MlSCELLANE�US PRaVI�iUNS. The fallowing miscellaneous pro�isi�ns are a part of this Deed af Trust:
<br /> Amendmen�s. This Deed of Trust, �oge�her w��h any Rela�ed Documents, canstitutes the entire unders�anding and
<br /> agreement of�he parties as to the matters s�t �arth in this ❑eed of Trust. No a�teration o�or amendment to this
<br /> Deed of Trusfi shall be ef�fec�i�e unless gi�en in writing and signed by the parfiy ar par�ies sQught to be charged ar
<br /> bound by the alteration Qr amendment.
<br /> Annual Repvrts. if the Property is used �or purposes o�her than Trustor's residence, Trustor shall furnish �a
<br /> Lender, upon request, a certified statement ofi net aperating income recei�ed from the Property during Trustor's
<br /> pre�ious �isca� year �n such form and detail as Lender shall require. "Net �perating inc�me"' shall mean a�i cash
<br /> r�ceipts from the Property fess all cash expenditures made in connecfiian with the apera��on of the Proper�y.
<br /> Caption Headings. Caption headings in this D�ed of Trust ar� f�r con�enience purposes only and are not ta be
<br /> used ta interpret or define the prv�isians o�this Deed ��f Trust.
<br /> Nlerger. There sha�� be no me�ge�of the int�r�st or estate created by�this Deed of Trust with any ather interest or
<br /> es�ate in the Property at any time he[d by or for th� benefi��f Lender in any capacity, without the writt�n consent
<br /> of Lender.
<br /> Governing Law. This D�ed o�r Trust wi�� be go�erned by �ed�rat lar►v appiicahle ta Lender and, ta the extent nat
<br /> preempted by federa�law,�he laws of the State❑f Nebraska without r�gard to its canflicts of law prvvisivns. Th�s
<br /> Deed of Trus�has been accepted by Len+der in the State af Nebraska.
<br /> Choice a�Venue. [f th�r� is a lawsuit, Trustor agrees upon Lender's r�ques� to submit �o the jurisdi�tian o� the
<br /> courts of Ha�� County, Sta�e�f Nebraska.
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