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2� 15�8158
<br /> DEED �F TF�UST
<br /> Lvan No: 7��7��75 {�ontinued} Page �
<br /> Trustee or Lender, it being agreed that Trust��and Lender. and each of them,shail be entitled to en�orce this De�d
<br /> of Trust and any other se�urity nvw or hereafter held by Lender or Trustee �n such order and manner as they vr
<br /> either o�them may in their af�so[ute disc�-etion determine. No remedy confe�'red upon or reserved to T�ustee or
<br /> L�nder, is intended to be exc[usi�e of any ather remedy in�hTs Deed of Trust or t�y lairv provided ar permit�ed, but
<br /> eac� shall be �umuIati�e and sha�� be in addition to e��ry other remedy gi�en in this ❑eed of Trust or now �r
<br /> hereafter exis�ing a��aw or in equiJty ar�y statute. Every pow�r ar remedy g���n by the Note or any of the Related
<br /> Documents ta Trustee vr Lender �� to whi�h either of them may be v�herwise entitfed, may �e exer�ised,
<br /> �on�urrent�y vr independent[y, from time�o time and as ��ten as may be deemed expedient by Trustee or Lender,
<br /> and either o� them may pursue inconsistent remedies. Nvthing En this Deed of Trust sha[[ be construed as
<br /> prohibiting Lender fram seeking a defi�iency�udgment agaYnst the Trustor ta ths exCent such action is permit�ed by
<br /> Ia`►v.
<br /> Ele�t�on o� Remedies. A[[ of Lender's rights and remedies will be cumuIa-�i�e and may be e�ercised alone ❑r
<br /> tvgeth�r. !� Lender decides to spend money or to per�orm any of Trustvr's obliga�ivns und��this ❑eed ot Trust.
<br /> afte�r Trustor's failure to do so, �that decision by Lend�� will not a�Ffec� Lender's righ�to declare Trustor in de�ault
<br /> and to exercise Lender`s remedies.
<br /> R�quest far Notice_ Trustor, on beha[�vf Trustor and Lender, herehy requests that a�vpy of any Nfltice of Defaul�
<br /> and a copy vf any Notice of 5aie under this Deed of Trust be mailed to them a�the addresses se�fvrth in the first
<br /> paragraph o�this Deed of Trust.
<br /> Attorneys' Fees; Exp�nses. If Lender institutes any suit or action to enforce any of �he �erms a� this Deed ❑f
<br /> Trust, Lender sha[[ be entit[ed to recover such sum as the �vurt may adludge reasonable as attorneys' fees at�ria[
<br /> and upon any appea�. Whether ❑r nvt any court action is in�ol�edr and to the exten� nvt prohibit�d by Iaw, a[�
<br /> reasonable expenses Lender incurs that in Lende�'s opini�n ar� necessary at any time for the protectivn of its
<br /> interes�or the enforcement o�its rights shal� become a part of the Indebtedness payable vn demand and shall bear
<br /> in�erest at�he I�ote rate�rom the date of the expenditure unf�� repaid. Expenses co�ered hy this paragraph include,
<br /> without limitation, however subject to any limi�s under app�icable lav�r, Lender's attorneys` €ees and Lender's [egal
<br /> expenses, whether or nvt there is a Iavvsuit, inc[uding at�orneys' fees and expenses �or bankruptcy pr�c�edings
<br /> �inc�uding e�orts to modi�y or�acate any automa�ic stay or inlunction�, appeais, and any anti�ipat�d post�udgment
<br /> co[Iection setvices, the cost af searching records, obtaining title reports �inciuding -�o�eclosure reports}, surveyors'
<br /> reports, and appraisal �ees, title insurance, and fees for �he Trustee, to the extent permitted by applicable �aw.
<br /> Trustor alsv wi[[ pay any court casts, in addition ta a�1 ather sums prv�ided by Iaw.
<br /> Rights af Trus�ee. Trustee sha11�a�e aii o�the rEghts and duties of Lender as set�orth in this sect��n.
<br /> PQWERS AND DBLIGAT��NS OF TRUSTEE. The follov►ring pro�isions relating to the powers and ob[igativns o�Truste�
<br /> are part v�this Deed o�Trust:
<br /> Powers vf Trust�e. In additivn ta a�1 powers of Trustee arising as a matter o�[aw,Trustee sha[� haWe the power to
<br /> take the fvlIowing actions wi�h respeet to the Property upvn the writ�en r�quest o� Lend�r and Trustor: {a}join in
<br /> preparing and filing a map ar plat o�the Real Property, including th� d�dication af streets or other rights to the
<br /> public; {b} join in granting any eas�men� or creating any restrEct€on vn the Reai Property; and �c} join in any
<br /> subardination or ather agreemen�a�e�ting this Deed of Trust or the interest of Lender under�his Deed of Tr-ust.
<br /> Trustee. Trus�ee shall meet a[I qualifications required for Trus�ee under applicable iaw. fn additian to the rights
<br /> and r�:m�dies set�orth abv�e, with respect ta a[� vr any part of the Property, the Trustee shalf have the right ta
<br /> fvreciose by no�ice and sale, and Lender wi[[ ha�e �he right to foreclose by�ud�cial fo�eclosure, in either cas� in
<br /> accvrdan�e with and�a�he�u[[extent pro�ided by appIi�able [aw.
<br /> Successvr Trustee. Lender, at Lender's vptian, may from�ime to time appoin�a successor Trustee t� any Trustee
<br /> appoin�ed under this ❑eed v�F Trust by an instrument execufied and acknvw[edged by Lende� and recorded in the
<br /> offi�e af the r�cvrder of HALL County, State vf Nebraska. T�te instrument shaIl cvntain, in add�tion tv aII othe�
<br /> mat�ers required by state Iaw, �he names o� the origina[ L�nder, Trustee, and Trustorr �he book and page {or
<br /> computer system reference} wh�r� this Deed of Trus� is r�cord�d, and the name and addr�ss of the successor
<br /> �rustee, and the�nstrument shall be executed and acknowledged by al��h�beneficiaries under this Deed of Trust or
<br /> �heir successors in interest. The succ�ssa�trustee, withou� con�eyance �f the Prvp�rry, sha[[ succe�d tv a11 the
<br /> �it1e, power, and duties confe�r�d upon the T�ustee in this Deed of Trust and by app�icable�aw. This procedure for
<br /> subs�itu�ion o�Trustee sha[I go�ern to the��ciusion of al[other p�-o��sions�or substitution.
<br /> N�TICES. Any notice required �o be gi�en under th�s Deed of Trust, including without limi�ati�n any notice of defaul�
<br /> and any notiG� o�sa�� sha[[ be gi�en in writ;ng, and shall be e�ffective when actually deIi�ered, when ac�ually r���ived
<br /> by�e[efacsimile �unless otherwise�equired by law},when deposited with a nationally recognized o�ernight courEer, or, if
<br /> mailed, when deposited in the Un�fed Sta�es maif, as�rst c[ass, certified or registered mai[ p�stage prepaid. direct�d to
<br /> the addresses shown near the be�inning of this �eed ❑�r Trust. A[1 copies of no�ices of fvreclosure firom the holder of
<br /> any Iien which has priority o�er this ❑eed of Trust sha[[ be sen�ta Lender's address, as shown near th� beginning of
<br /> this Deed af Trust. Any person may change his or her address for notices under this Deed of Trust by gi�ing �ormal
<br /> written notice to the oth�r persan ar pe�rsons, speci�fying tha� the purpvse of the nvtice is ta change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender in�armed at alI times of Trustor's current address. Unless
<br /> vtherwis� pro�ided or required by lav�r, if�here is more than one Trustor, any notice gi�en by Lender to any Trus�or is
<br /> deemed to be notice given to af�Trustors. ��wi[[ be Trustor's respvnsibility�o te[[the othe�rs of the notice�Frvm Lender.
<br /> MISCELLANE�US PR�VIS��NS_ Th�falIowing miscel�aneous pro�isions are a part v�th�s Deed of Trust:
<br /> Amendments. Vllhat is writ�en in this D��d af Trus� and in the ReIated Do�uments is Trustvr's enti�-e agreement
<br /> with Lend�r con�erning �he matters co�ered by�his Deed of Trus�. To be effective, any change or amendment�o
<br /> this Deed of Trust must be in writing and must be signed E�y whvever will be bound or obligated by the change �r
<br /> amendment.
<br /> Caption Headings. Caption f�eadings in this Deed of Trust are fvr con�enience purposes only and are not to be
<br /> used to interpret or d�fine�he pra�is�ans o�this Deed of Trust.
<br /> Merger. There shall be n� merger of the interest❑r es�ate created hy this Deed of Trus�with any oth�r in�erest or
<br /> estate in the Prop�rty at any time he�d by or�or�he benefit o�F Lender in any capacity, withou�the written consent
<br /> o�Lender.
<br /> Go�rerning Law. This ❑eed o�Trust wi11 be gv�erned by federaI law applicable to Lender and, to the e�en# na�
<br /> preempted by federaI lawr the Iaws of the State of Nebraska wrthvu�regard tv its �on�licts of taw pravisions. Th�s
<br /> Deed of Trust has been accepted hy Lender in the State of Nebraska.
<br /> Choice vf Venue. lf there is a Iawsuit, Trusto� agrees upon Lenderrs requ�st tv submit to the�urisdictian of the
<br /> courks o�HaI[C�unty� State vf Nebraska.
<br /> Jvint and Se�era� Liabiiity. A[I obligations of Borrower and Trustor under this Deed o� Trust shall be joint and
<br /> se�eral, and all references to Trustor shall mean ea�h and e�ery Trustvr, and a[[ reterences to Borrower shaIl mean
<br /> each and every Barrvwer. This means fihat each Trustor signing be��w is responsible for a�!obligation�in this Deed
<br /> of Trust.
<br /> No 1Nai�rer by Lender. Trustor understands Lender will nvt give up any v�Lender's rights under this Deed of Trust
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