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2� 1 ���351
<br /> DEED �F TRUST
<br /> ���nt�nued� Page 6
<br /> any �aws now or herea�te�in force; notwithstanding, same or alf of such Endebtedness and obligations secured by
<br /> this Deed af Trust may now or hereafter be atherwise secured, whether by martgage, deed ❑f trust, pledge, lien,
<br /> assignment or otherwise. Neither the accept�nce of this �eed af Trus# nor its enforcement, whether by court
<br /> action vr pursuant t� th� pvwer of sa�e or other powers contained in this Degd of Trus#, sha[! prejudice or in any
<br /> manner affe�� Trustee's or Lender's righ# tv rea��ze upon or enfor�e any vther security naw ❑r hereafter he�d by
<br /> Trustee ar Lender� it hein9 agreed that Trustee�nd L�nder, and each o#them, sha11 be entitled to en�orce this Deed
<br /> af Trust and any ather security now or hereafter held �y Lender ar Trustee in such order and manner as they ar
<br /> �i#her o� them may in their abso�ute discretion determine. No remedy conferred upon or resen►e� to Trustee or
<br /> Lender, �s intended t� be exclusi�e of any�ther remedy in this Deed a�Trust o�by iaw pro�ided or permitted, but
<br /> each shall be cumufati�e and shall be in add�t�on to e�ery �ther remedy gi�en in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. E�ery power or remedy g�ven by the Nvte ar any o�the Re�ated
<br /> Documents t� Truste� vr Lender or tv whi�h e�ther o� them may be otherw�se entitled, may ha exercised,
<br /> concurrentiy or independently, from time to time end as often as may be desm�d expedient by Trustee or Lender,
<br /> and either o# them may �ursue inconsis#ent remedies. Nathing in this Deed o# Trust sha11 be construed as
<br /> prohibiting Lender from seeking a deficiency judgment ggainst the Trustor tv the extent such action is permitted by
<br /> law. Electian by Lender ta pursue any rem�dy shall not exclud� pursuit af any other remedy, and an election tv
<br /> make expenditures or to take action to perf��m en pbli�ation of Trustor under this Deed af Trust. after Trustor's
<br /> failure to perform. sha[E nvt affe�t Lender's right ta declare e default and exercise its remedies.
<br /> Reque�t for Natice. Trustor,on behalf of Trustor and Lender, hereby requests that a cvpy af any Nntice o#De�ault
<br /> and a cvpy of any Natice o�Sa�e under this D�ed o�Trust be mailed to thgm at�he addresses set farth in the fiirs�
<br /> paragraph o�this Deed❑f Trust. .
<br /> Aitorneys' Faes: Expenses. If Lender institutes eny suit ar action to enforce any of the terms of this Deed af
<br /> Trust, Lender shall be en#it�ed to reco�er such sum �s the court mey adjudge reasonable as attorneys' fees at tria�
<br /> and upon any appeal. Whether or not any court act�on is in�ol�ed, and to the extent not prahibited by ��w, a!1
<br /> reasonable expens�s Lender incurs that in Lender'� opinion �re necessary at any time fvr the pratection of its
<br /> interest ar the enforcement of its rights shal�hecome a part o�the�ndebtedness payehle on demend and shall bear
<br /> interest at thg Note rate from the date af the expenditure until rep�id. Expenses cv�ered by this paragraph include,
<br /> wi#hout limitati�n, howe�er subje�t#o any �imits undgr app��c��le law, Lender's attorneys' fees and Lender's legal
<br /> expenses, wheth�r or not there is a �awsui#, in�luding attorneys' fees and expenses �vr bankruptcy proceedings
<br /> tincluding effvrts to modify vr�acate any automatic sfay or injunctian}, appeals, and any anticipated pvst-�udgment
<br /> ColleCtion ser�iCes, the cost of searching records. ohtaining title reparts �including #oreclosure reportsy, sur�eyors'
<br /> rep�rts, and appraisa� tees, title insurance, and fees f�r tha Trustee, to �he extent permitted by applicab�e law.
<br /> Trustnr also will pay any court costs� �n additivn to all other sums pro�ided by law.
<br /> Rights of Trustee. Trustee sha��ha�e ail of th�rights�nd duties vf Lender as set fnrth in this sectivn.
<br /> P4VIIERS AN��6LIGAT1�1V5 �F TRUSTEE. The foiEvwir�g pro�isions relating to the pawers and obE�gatians of Trustee
<br /> are part of this aeed o#Trust:
<br /> Powers of Trustea. In eddi#�on to all pvwers of Trusteg arising es a matter of�aw, Trustee sha�ll ha�e the pawer t❑
<br /> ��ke the fallvwing actions with respect to the Proper�y up�n the written request af Lender and Trustar: �ay jo�n in
<br /> preparing and filing a map vr plat of the Rea1 P�operty, including the dedication of streets or other rights ta the
<br /> public; �by join in granting any easem�nt ar �reating any reetriction on the Real Prvperty; and �cy join in any
<br /> suhordination ar other agreement affecting th�s❑eed of Trust o�the interest a�Lender under this Deed of Trust.
<br /> Trustee. Trustee sha11 meet a11 qua�ificatfons required for Trustee under app�icable iaw. 1n additian to the rights
<br /> and remgdies set fvrth ebo�e, with respect to all or any p�r� o�the Proper�y, the trus#ee sha11 have the right to
<br /> �areclase by notice and sale, and Lender shall he�e the right ta �oreclose by judicia! foreclosure, in either case in
<br /> accordance with and to the full extent pro�ided by ap�alicahle law.
<br /> SuGcaasor Trustee. Lender. at Lender's opt�on, mey from time to time appaint a successor Trustee tv any T�ustee
<br /> �ppvinted under this Deed vf Trust by an ins#rument executed and acknawledged by Lgnder and recorded in the
<br /> office af the recorder of HALL County, State of Nehraska. The instrument shal� contain, in additi�n �a all other
<br /> matters required by state �aw, the names of the origina� Lender. Trustee, and Trustar. the hook and page �ar
<br /> computer system referencef where this Deed v� Trust is re�orded, end the name end address o� the SUGCeS5or
<br /> trustee, and the ins#rument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successflrs in interest. The successor�rustee. with�ut c�n�eyance nf the Property� shali succeed tv all the
<br /> title, power, and dut�es conferred up�n the Trus#ee ln this Deed of Trust and by appficahfe law. This pracedure for
<br /> substitution vf Trustee shsll ga�ern to the exclusion of all vther pro�isians for substitution.
<br /> IV�TICES. Any notice required to be gi�gn un�er thid ❑e�� af Trua#. in�luding,without�imit8tion any notice of default
<br /> and any notice af sale sha�l b� gi�en in writing, �nd sha11 be effecti�e when actually deli�ered� whan actua�lly recei�ed
<br /> hy tele#acsimile �uniess otherwise required hy lawf,when deposited with e nationally recagnized o�ernight cour'rer, or, if
<br /> mailed, when deposited in the United States meif, as�rat cfass� certi�i�d ar registered meil postage prepaid, d�rected to
<br /> the addresses shown near the heginning of this �eed of Trust. A1f copies o�notices of�areclosure 'Fram the holder of
<br /> any lien whi�h has priority o�er this Deed of Trust shall be sent to Lendsr's address, as shown near the beginning af
<br /> this Deed of Trust. Any perty may change its eddress fvr noti�es under this Deed of Trust by gi�ing #ormal written
<br /> notice tv the other parti�s, speci�ying that the purpase af #he natice is to change the par�y's address. F�r noti�e
<br /> purpases. Trustor�grees ta keep Lender in#ormed at�11#imes of Trustor's current address. Unless otherwis� prn�ided
<br /> or required by law, if there is more than one Trustor, eny notice g1�en by Lender to any Trustor is deemed to be nvtic�
<br /> gi�en tv all Trus#�rs.
<br /> MlSCELLANEaUS PR�V�S��NS. The�o!lvw�ng misce�lan�vus pro��sions are a pat�t ot this D�ed of Trust:
<br /> Amandments. This Deed a�T�ust,#vgether with any Related Documents� constitutes ths entire understanding and
<br /> agreement af the parties es tv the matters set forth in thia Deed of Trust. Na alteration of flr amsndment to this
<br /> Deed af Trust shall t�e effecti�e un�ess gi�en in writing and �igned by the party ar parties sought t❑ be charged vr
<br /> haund by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purpases other than T�ustvr's residence, Trustor shaE! furnish to
<br /> Lender, u�on request� a certified sta#ement of net operating income recei�ed from the Property during Trustor's
<br /> pre�fous fiscal year in such #orm and detaii as Lender shell �equire. "Net operating incame" shall mean a�� cash
<br /> receipts�rom the Prvperty less a!1 cash expend�turas made in connection with the aperatian o'f the Property.
<br /> CaptiBn Head�ngs. Caption headings in this Desd of Trust are �or cvn�enience purposes only and are n�t to he
<br /> used ta interpret or define the pro�'rsions�f this De�d of Trust.
<br /> Nl�rger, There shal! be nv merger of the interest or estate�reeted by this Deed of Trust with any other interest or
<br /> estate in the Property at any time hefd by❑r far the benefit a#Lender in any capacity, withaut the written consent
<br /> o�Lender.
<br /> Ga�srning Law. This �eed of Truat will be 9ovsmed hy faderel la�w app�icable ta Lender and, ta the extent nvt
<br /> preempted by�ederal taw,the laws of the State af Nebraska without regard to its con�licts of law pro�isions. This
<br /> Deed of Trust h�a been accepted by Lendsr in tha Stata a�Nsbrask�.
<br /> Choice of Venue. lf there is a lawsuit, Trustvr agrees up�n Lender's request tv submi# io the jurisdiction of the
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