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2� 1 ���43�
<br /> DEED �F TRU�T
<br /> ��ontinued� Page �
<br /> activn or pursuan�ta the power of sale vr vther pvwers can�ained in this ❑eed af Trust, sha[l prejudice or in any
<br /> manner af��ct Trustee's or Lender's right ta reali�e up�n or �nforce any other se�urity now ar her�a�ter h�ld hy
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each vf them, shai! i�e entitl�d�ta enfiorce this Deed
<br /> ❑#Trust and any other seGuri�y nov►r vr h�reafter held by Lend�r or Trus�tee in such �rder and manner as they or
<br /> eith�r o'� them may in their absolu�e d�scretion determine. No remedy �vnferred upon or reser�ed tv Trust�e or
<br /> Lend�r, is intended tv be exclusi�e �f any other remedy in this Deed vf Trust ar by law pro�ided or permitted, but
<br /> ea�h sha�l be cumuia�i�e and shall be in addition to e�ery other remedy gi�en in this Deed o# Trust ar now or
<br /> hereafiter existing at iaw or in equity❑r by statute. Every pav►rer or remedy gi�en by the Na�te or any of the Related
<br /> Do�uments to Truste� ar Lender or to ►nrhich either of them may b� ath�rwise entit�ed, may t�e exer�ised,
<br /> concurrentiy or independenfily, from time ta time and as ofiten as ►r�ay be deemed expedient by Trus�ee or Lender,
<br /> and either of them may pursue incvnsistent remedies. Nvthing in th�s ❑e�d of Trust shall be cons#rued as
<br /> prohibitin� Lender from seeking a de�i�ien�y judgment aga�ns#the Trus�or to the exten�such action is permitted by
<br /> law. Elect�vn by Lender ta pursue any remedy shalf not exclud� pursuit ❑� any ather remedy, and an eiectivn �o
<br /> make exp�nditur�s ❑r tv take action to perform an ❑bligat�on of Trust�r under this Deed of Trust, after Trus�tor"s
<br /> faiiure to pe�form, shail not afifiec� Lender's right t❑deciare a de�ault and exercise its remedi�s.
<br /> Request for Nv�ice. Trustar, fln hehalf o�F Trustar and Lender, hereby requests that a copy of any N�tice o�Default
<br /> and a copy of any N�ti�e❑�r Sale under this D�sd of Trust be mailed to them afi fihe addresses set�orth in�h� #irst
<br /> parag�aph of this De�d o�Trust.
<br /> Attorneys' Fees; Expenses. If Lender insti�utes any suit or activn �o enf�rce any af �he terms o� this Deed of
<br /> Trust, Lender shall �e entitled to reco�er such sum as th� cvurt may adjudge reasonable as attorneys' fees at�ria�
<br /> and upon any appeai. Vllhether vr not any �Qur� actian is invol�ed, and t❑ th� extent nvt prohibited �y law, all
<br /> reasonable expenses Lender incurs that in Lender's apinivn are necessary at any time fivr �he prat�cti�n af i�s
<br /> interest�r the enforcem�nt vf its rights shall become a par�o�th� Indebtedness payable❑n demand and shafl bear
<br /> int�resr at the Nvte rate from the date of the expendi�ure unfii! repaid. Expenses cv�ered by this paragraph in�lude,
<br /> without limitati�n, hvw��er subje�t to any limits under appliGable law, Lender's at�korneys' fees and Lender's legal
<br /> expenses, whether ar nat th�re is a lawsuit, �nc[uding a��arneys' fe�s and expenses far bankruptcy proceedings
<br /> tincluding ef�forts t❑ mvdify or�aCate any automati�stay ar injunctian�, appeals, and any anticipated post-judgment
<br /> collection ser�ices, the cast o�searching records, �btaining ti�le reparts �Encluding fa�eciosure reportsy, su�Weyors'
<br /> repor�s, and appraisai fees, tifile insuran�e, and fees for the Truste�, to the exten� p�rmitted by app[i�able law.
<br /> Trustor also will pay any�our�cvs�s, in addition to all ather sums prQ�ided hy faw.
<br /> Rights vf Trustee. Trust�e shall ha�e aff of the righ�s and duti�s❑�Lender as set�forth in�his section.
<br /> PaVIIERS AND �BL�GATI�NS �F TRUSTEE. The fvllowing prn�isiQns relating tv�he powers and obligatEons af Trus�e�
<br /> a re pa r�flf th�s Deed vf Trust:
<br /> Pov�rers of Trus�ee. In additian to all powers �f Trustee arising as a matt�r❑f�aw, Trustee shall ha�e the pvwer to
<br /> take the #afivwing actians with resp�ct to the Prap�rty upan#he written �equest of Lender and Trustor: ��} join in
<br /> preparing and filing a map or plat o� the Real Property, including the d�dication of str��ts or ather rights �a the
<br /> public, �by jvin �n granting any eas�m�nt or creating any restriction on the Real Prope�ty; and tcy joEn in any
<br /> sub�rdina�ivn or vther agreement aff�ctin�this Deed v�r Trust�r�he interes�o�L�nder under this Deed of Trust,
<br /> Trustee. Trustee shall mee� all qualifica�ivns required fvr Trust�e under applicable law. [n add�tion to the rights
<br />_ and r�medies s�t forth above, with respect to all �r any par� a� the Proper�y, the Trus#es shaii ha�e the righ� tv
<br /> for�close by nvtice and sale, and Lender sha�i ha�e the right ta f�reclose �y judicial foreclosur�, in ei�her case in
<br /> acGordanGe wi�h and to the fuf��x�ent pra��ded hy applicable law.
<br /> Successor Trustee. Lender, at Lender's op�inn, may from time to time appoint a su�Gessor Trustee�to any Truste�
<br /> appoin�ed under this Deed of Trust by an instrument executed and acknowledged by Lend�r and rec�rde� in �he
<br /> affice v# �he recorder �f Hall County, State of Net�raska. The instrument shall contain, in addition to all ❑�her
<br /> matters required by sta�e lav►r, the names ofi �he ❑riginai Lender, Trus�ee, and Trust�r, fihe book and page �vr
<br /> ��mputer system reference� whe�e this Deed of Trust is recorded, and the name and add�ess of the su��essor
<br /> trustee, and the instrument shall be executed and acknvwiedged by all the bene�iciaries under this D�ed of Trust vr
<br /> their successors in interest. The successor �ruste�, withaut con�eyance of the Property, shall su�Geed �a afI the
<br /> ti�le, paw�r, and�uties con�erred upon th�Trust�� in this I]eed �f Trust and I�y appiicabCe la►n►. This procedure for
<br /> substitutEon of Trustee sha�l goWern to�he exclus�vn of all atha�pro�isions for suhstitutian.
<br /> N�TI�E5. Any notice required �o �e gi�en under this ❑eed af Trust, including without limi�ati�n any noti�e of default
<br /> and any nv�iGe of sale shall be gi�en in writing, and shall be �ff�cti�e when actuai�y deli�ered, when actuaily re�ei�ed
<br /> by te��facsimile �un[ess otherwise required by law�, when d�posited with a nativnaily recvgnized o�ernight cou�ier, or, if
<br /> mailed, �vh�n deposit�d in�ths lJnited 5ta�es mail, as first Glass, certified ar regis�ered mail pvstage pr�paid, dir�cted to
<br /> the address�s shown n�ar�he beginning o�this Deed of Trust. Ail capies af no�ices of foreGlosur� from the holder of
<br /> any [ien which has priarity ��er this Deed of Trus� shall k�e sent #o Lender's address, as shown near the i�eginning ofi
<br /> this Deed of Trust. Any party may change ifis address �ar no�ices under �his CJeed af Trust by gi�ing formal written
<br /> nvtice t� the other parties, speci�yin� tha� the purpos� of the natice is t� change the party'� address, For noti�e
<br /> purp�ses, TrustQr agrees to keep Lender informed at ali times of Trus�or's curr�nt address. Un��ss oth�rwise pro�ided
<br /> or ��quFred by law, if there is more than one Trustor, any n�tic� gi�en by Lender ta any Trustor is deemed tv be notice
<br /> gi�en t� all Trustors.
<br /> �ISCELLANE�US PR�VISi�NS. The followin� miscel�aneous pro�isians are a part of this Deed of Trust:
<br /> Arnendments. This Deed ��Trust, together with any R�lated Documents, c�n�ti�u�es�th�entire unders�anding and
<br /> agreement �f the parties as to the matters set�orth �n this Deed o�Tru�t. No alteratian ❑f or amendment ta this
<br /> Deed of Trust shall be effecti�� uniess gi�en in writing and signed by the party or parti�s sought ta be charg�d or
<br /> b�und by the a[teration ar amendmen�.
<br /> Annual Reports. Ifi the Property is used fvr purposes �ther �han Trus�or's res�dence, Trust�r sha�! �urnish to
<br /> Lender, upon request, a cer�ified statement vf net op�ra�ing in�ome re�ei�ed ��vm th� �roperty during Trustar's
<br /> pr�vious �iscai y�ar in suGh form and detail as Lender shall require, "Net operating income" sha�l mean all Gash
<br /> receipts frvm the Pr�p�rty less all cash expenditures made in conn�ction vvEth the aperation of the Property.
<br /> Caption Headings. Caption headings in this Deed of Trust are fflr can�enience purposes only and are n�t �tv b�
<br /> used ta interpret ar define the pro�is�vns of this Deed of T�ust.
<br /> Me�ger. There shall be nv merger of the interest or estate creat�d by this Deed of Trust wi�h any other interes�or
<br /> �sta�te in�the Pr�perfiy at any time he�d hy or for the benefit of Lender 'rn any capac�ty, withou�the written cansent
<br /> �#Lender.
<br /> Go�erning Law. This Deed o�F Trust will be go�erned hy federal law applicable tv Lender and. tv the �xtent not
<br /> preempted by�ederal law,the�aws of�he Sta�e ofi Nebraska wi�hvu�k regard tv its canflicts of law pro�isions. This
<br /> Deed vf Trust has been accepted by Lender in the State o#Nehraska.
<br /> Choice o�Venue. if there is a lawsuit, Trustvr agrees upvn Lender's reques� �o submit to th� jurisdic�ivn o�F the
<br /> courts of Hall Gounty, S�ate af Nebraska.
<br /> Joint and 5erreral Liability. Ali obliga�ions o# Trustor under this Deed o� Trust sha11 be j�int and se�eral, and aff
<br /> references to Trustor shall mean �a�h and e�ery Trustor. This means that each Trustvr signing below is
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