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2� 1 ��� 175
<br /> aEEv oF T��usT
<br /> �Continued� Page �
<br /> a��ian or pursuant ta the pov�rer o�sale or other powers contained in this ❑eed o#Trust, shall p�ejudi�e ar in any
<br /> manner a��ect Trustee's �r Lender's right ta realize upon or �nforce any ather security now or h�reafter held by
<br /> Trustee��-Lender, it being agre�d that Trustee and Lender, and each of them, sha�! be en�tit�ed to enforce this Deed
<br /> of Trust and any ofiher security naw or hereafiter held hy Lender or Trust�e in su�h order and manner as they or
<br /> either afi them may in their a�so�ute discret�on determine. N� remedy conferred upvn vr reser�ed to Trustee or
<br /> Lender, is intended to be sx�lusi�e of any other remedy in this Deed o�Trust vr by fauv pro�ided or permit�ed, but
<br /> each sha11 be cumulati�e and shall be in addition ta e�ery other remedy gi�en in this Deed of Trust or nv►rv ar
<br /> hereafter existing at lauv or in equi�y or by statute. Every pawer or remedy gi�en by the N�te or any a�the Related
<br /> Dacumen�s to Trustee or Lender ar to wh�ch eithe� o� thern may be otherwise entitled, may be exercised,
<br /> cvn�urrently or independently, �from time to time and as aften as may he de�med expedient by Truste� or Lend�r,
<br /> and either a� them may pursue inconsistent remedies. Nvthing in �his Deed af Trus� shal[ be cvnstrued as
<br /> prahibiting Lender fr�m seeking a deficiency judgment against th�Trus�[o�to the exten�such action is permi�ted by
<br /> �a1rv, Election hy Lender �fl pursue any remedy shall nfl� exclude pursuit o� any �ther remedy, and an �lec�ion �a
<br /> make expenditures vr to �ake action �o per�orm an vbligation af Trustor under this Deed o�Trust, a#�er Trust�r`s
<br /> failure fio perform, sha[[ nv�a�F�ect Lender's right t+o d�cfar�a de�au€t and exercise its remedies.
<br /> R�quest for Nvtice. T�ust�r, on beha�f of Trustvr and Lender, hereby requests that a copy o#any No�tic�of Default
<br /> and a copy of any Notice afi Sa�e under this Deed o�Trust be mailed �tv them at the addresses set forth in th� first
<br /> paragraph of this Deed o�Trus�t.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ar ac�ian t� enfor�e any �f the fierms of this Deed of
<br /> Trust, Lender shall be en�itled ta recover such sum as the cour�may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appea�. Whether or not any �our� action is in�olved, and �o �he extent not prohibited by law, a[l
<br />, reasonable expenses Lender incurs tha� in Lender's vpinion �re necessary at any time �or the protectian af its
<br /> interes�or the en�orcement of its rights shall become a part of the lndeb�tedness payable�n demand and shall bear
<br /> interes�at th� Nvte r�te from th�date of the expenditure until repaid. Expenses co�ered �y this paragraph include,
<br /> v►rithout limitation, hawe�er subject ta any �imi�s under applicab[e lav►►, Lender's attarn�ys' fees and Lender's [egal
<br /> expenses, v+rhether ❑r not there is a �awsuit, includ�ng attvrneys' fees and expenses for bankruptcy pr�ceedings
<br /> 4inc[uding ef�orts ta madi#y or�aca�e any au�tomatic stay or injun�tion�, appea[s, and any anticipated post-��udgment
<br /> cv��ectian ser�ices, the cost of searching recvrds, obtaining title reports �incEuding foreclosure reports�, sur�eyors'
<br /> repor�s, and appraisal f�es, �it[e insurance, and fees fo� �the �rustee, �v th� �xtent permitted by applicable law.
<br /> Trustor also wi�� pay any caurt cos�s, in additian ta all o�her sums pro�ided by�aw.
<br /> Rights vf Trustee. Trustee shafl ha�e a�1 0�th� rights and duties of Lender as set forth in this section.
<br /> POWERS AND DBL�GATIDNS OF TRUSTEE. The �of�owing pro�isions relating to the powers and �b[iga�ions �f Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trus�ee, 1n addition to all powers o�Trustee aris�n� as a matter of law, Trustee shail ha�e the power to
<br /> �ake�he ��[Lowing act�ans wi�h r�spect ta�h� Property upon�he written request o�Lender and Trustar: �ay jvin in
<br /> preparing and filing a map or p�at a� the Real Property, including the dedicatian af stree�s or flther rights to the
<br /> publiG; �by join in granting any easement �r c�reating any restriction on the R�al Property; and ��� join in any
<br /> subordination or o�her agreemen�t a��ect�ng th'rs Deed af Trust or the interest of Lender under this Deed of Trust.
<br /> Trustes. Trustee sh��� mee� all qualificativns required f�r Trustee under applicable law. ln addition �� the righ�s
<br /> and �emedies se� for�h abave, with respect �to all �r any part �vf the Prop�rty, the Trustee shall ha�e the right fio
<br /> forecl�se by notice �nd sale, and Lender shall ha�e the right to �oreclose by judicial �or�c[osure, in either case in
<br /> accordance with and�a�h�fu[[extenfi pr�vided by applicabie law.
<br /> Succvssor Trustee. Lender, at Lender`s op�ion, may fr�m time to time appoin�a su�cessor Trustee to any Trustee
<br /> appoin�ed under this Deed of Trust by an instrument executed and acknowiedged by Lend�� and recorded in �he
<br /> ofifice o� �he recarder of Haif County, S�at� of Nebraska. The instrument shall c�n�ain, in addition ta a![ ❑ther
<br /> matters required by state 1av►r, the names o� the ariginal Lender, Trustee, and Trus��r, the bo�k and page �or
<br /> camputer system reference� where this Deed a�F Trust is recorded, and the name and address o� the successor
<br /> trustee, and the instrumenfi shall be executed and acknowledged by all the bene�iciaries under this Deed o�Trust or
<br /> their successa�s in in��res�. The su�cessor trustee, withaut con��yance of�he Praperty, shall succeed t� all the
<br /> title, power, and du�ies cvnferred upon the Trustee in this Deed of Trus�and by applicable faw. This procedure for
<br /> substitution�f Trustee shall go�ern t❑the�xclusian of all other provis�ons fvr subst�tutian.
<br /> IV�TiCES. Any na�ice required ta be gi�en under this Deed of Tru�t, inc�uding without iimi�ati�n any notice o#de�ault
<br /> and any notice of sale shall be gi�en in wri�ing, and sha{i he effec�i�� when actually deli�ered, vuhen actually r�ceived
<br /> by telefacsimile �unless a�herwise required by law�, when deposited with a nationally recognized o�ernight courier, or, if
<br /> mai�ed, when depasited in the Uni�ed States mai[, as firsfi class. �ertified vr registered mail pos�age prepaid, directed �o
<br /> �he addresses shown near�he beginning o�this Deed o�Trust. All copies ❑f nv�ices ❑f�oreclosure �r�m the ho�der o�
<br /> any lien which has priflri�y o�er this Deed of Trust shall be sen� to Lender's address, as shown near the beginning o�
<br /> this Deed of Trust. Any par�ty may change its address �ar no�tices under this Deed v� Trust by gi�ing f�rmal writt�n
<br /> notice to the �ther par�ies, speci�ying that the purpose o� the natice is ta change the party's address. For nfl�ice
<br /> purpvses, Trustar agrees ta keep Lender informed at all times Qf Trustor's �urrent address. Unless otherwise pro�ided
<br /> or requi�ed �y law, if there is more than ane Trustar, any no�ice gi�en by Lender�v any Trustor is deem�d to be not�ce
<br /> given�o alf Trustors.
<br /> �15GELLANEDUS P�iOVI�I�NS. The fo[lowing miscelianeous pro�isians are a part a�this Deed��Trust:
<br /> Amendments. This Deed��Trust, fioge�her with any Rela��d aflcuments, consti�tu�es the ent�re understanding and
<br /> agreement of the parties as to the matters set forth in this Deed o�Trust. Nv al�eration o��r amendment �� �his
<br /> Deed o#Trust shall be e��ec�i�e unless �i�en in writing and signed by the par�ty or pa�ties saught to he charg�d or
<br /> bound by the alte�a�inn ar amendment.
<br /> Annual Reports. If the Property is used far purpas�s o�her than Trus�ar's res�dence, Trus�ar shal[ furnish to
<br /> Lender, upon request, a certified s�tatement of ne� opera#ing income received �rom the Property during Trus�or's
<br /> pre�ious fisca[ year in such form and detai� as Lender shall r�quire. "N�t operating income" shail mean all cash
<br /> receip�s fr�m the Property less all cash expenditures made in cannection with the operation of the Proper�y.
<br /> Caption Headings. Caption headings in this Deed of Trust ar� fivr can�enience purposes an[y and are not �o be
<br /> used to interpret or define the provisions a�f this Deed of Trust,
<br /> Merger� There shall be nv m�rger ofi fih� inter�st or esta�e created by this Deed o�Trust with any vther interest or
<br /> estate in the Property a�any t�me held by or�or the benefi�of Lender in any capacity, withaut the wri��en consent
<br /> of Lender.
<br /> Gvrrerning Law, This Q�ed v# Trust wii! be gnverned by �ed�ral law applicable #o Lender and, to thg ex#ent nvt
<br /> preempted by federa[law,the laws v�the 5tate vf�ebraska vrrithout regard ta i�s cnnf��cts af law prvvisivns. Th�s
<br /> D�ed o�r Trust has been accepted by Lender in the State o�Nebraska.
<br /> Chvice of Venue. l�there is a lawsuit, Trus�ar agrees upon Lender's request to submit ta �he �u�-isdiction �� the
<br /> caur�s�f Hal[ County�, State of Nebraska. .
<br /> N�'Waiver by Lender. Lender sha�l not be deemed to ha�e wa��ed any rights under this D�ed af Trust unless such
<br /> waiver is g��en in writing and signed by Lender. Na de�ay or omission on�he part of Lender in exer�ising any�ight
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