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2� 1 ���594
<br /> � DEED �� T�UST
<br /> ���ntinued} Page C
<br /> (c} Trust��may in the manner pr��ided by law pas�pvne sale�f all vr any portion���he Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each af them, shall be entitled ta en�or�e payment and
<br /> perfvrmance of any indebtedness o�obligativns secured by this Deed❑f Trust and�o exerc�se ail rights and power�
<br /> under this Deed af Trust, under tha Nvte, under any vf the Related Documen�s, or under any other agreement vr
<br /> any laws now or h�reafter in force; nvtwithstanding, some or a�l af such in�ebtedness and❑hliga�ions secured by
<br /> this �eed ❑f Trust may now or hereafter be vtherwise secured, whether by mortgage, deed of trust, pledge, I�en,
<br /> assignment or otherwise. Neither the ac�ep�ance af �his Deed ❑f Trus� nor its �n�orcement, whether by court
<br /> action or pursuan��� �he power�f sal� or ather p�wers �antained in this Deed of Trust, shall prejudice ar in any
<br /> manner affect Trustee's vr Lender's righ� �a realize upon �r enforce any �ther security now vr hereafter held by
<br /> Trustee or Lende�, it b�ing agreed tha�Trustee and Lender,and each o�them, shall�e entitled tr� en�orce�his ❑eed
<br /> of Trust and any other s�curity naw or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either ❑f them may in their absolu�e discre�ivn determine. Nv remedy confe�red upon ar reserved �o Trustee or
<br /> Lender, is intended tv be exclus��e of any other remedy ir� this Deed of Trust or by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shall be in addition to e�ery vther �emedy given in �his Deed of Trust ar now or
<br /> hereafter�xis�ing at law or�n equi�y ar by statute. Every power or remedy gi�en by#he Nate o�any flf the Related
<br /> Documen�s ta Trustee ❑r Lender or to which either of them rnay be o�herwise entitl�d, may be exercised,
<br /> concurrently ar independent�y,from time�o time and as vft�n as rnay b�deem�d exped��n�by Trustee or L�nder,
<br /> and either of �hem may pursue ineansistent remedies. iVo�hing �n thi� Deed af Trust shal[ be �onstrued as
<br /> prahibiting Lender fram seeking a deficiency judgment against the Trustor to the ex#ent such action is permitted by
<br /> law. Election by Lende�to pursue any remedy shall no� ex�lude pursuit�f any other �-emedy, and an eiectian ta
<br /> make expenditures ar tv take ac�ian to perform an obligatian of Trus�ar under this De�d of Trust, after Trusto�'s
<br /> failure to per#arm, shall not affect Lender's righ�t�declare a default and exercise i�s remedies.
<br /> Request for Nvti�e. Trustor, fln behalf of Trustor and Lender, hereby requests�hat a copy❑�any No���e Qf�Qefault
<br /> and a copy❑f any NotiGe of Sal�under thFs Deed vf Trust be mailed ta them a#�he addresses set for�h in�he�Firs�
<br /> paragraph�f this Deed af Trust.
<br /> Attvrneys' Fees; Ex�enses. If Lender �nstitu�es any suit vr activn t❑ enforce any of the terms of this Deed of
<br /> Trust, Lender shall be enfitled to �eco�er such sum as the cvurt may adjudge reasanable as attarneys'fees at trial
<br /> and upon any appeal. Whether or not any caur� ac�ion is inv4l�ed, and to the extent n�t prohibited by law, all
<br /> reasvnable expenses Lender incurs that in Lend�r'� opinion are nec�ssary at any time for �he protec�ion a� its
<br /> interest ar the enforcement nfi its rights sha�1 be�ame a part af the Indebtedness payable on demand and shall bear
<br /> �nterest at the hlote rate from the date o��he exp�nditure until repaid. E�penses co�ered hy this paragraph include,
<br /> w�thout limi�ati�n, hov►re�er sublect�o any�im�ts under appiicable law, Lender's attorneys'fees and Lender's le�al
<br /> expenses, whether or not there is a lawsuit, including a�tarneys' fees and expenses for ban4�r�uptcy praoeedings
<br /> ��ncluding effvrts to modify or�a�ate any automatic stay ar injunction}, appeals,and any anticipated post judgment
<br /> co�lection servioes, the c�st of sear�hing�ecards, ❑h�ainin��itle reports �including fare�losure reports}, surveyors'
<br /> reparts, and appraisal fees, �itle insu�ance, and fees fo�- the Trustee, to the extent permitted by applicab[e law.
<br /> Trustor a�so will pay any caurt cos�s, in addition to al�o�her sums pro�ided by iaw.
<br /> Rights vt Trust�e. Trustee shall have a�l o��he rights and duties of Lender as set for�h in�his sec�ion.
<br /> PC�V�'ERS AND �gL1GATlONS �F TRU�TEE. The�ollowing prvvisions re[ating�o the pawers and ohl�gati�ns of Trustee
<br /> are part of this Deed of�rust:
<br /> Pawers o�Trustee. [n addition to all powers of Trustee arising as a matter of law, Trustee shall ha�e the power�o
<br /> take fhe fallowing ac�fons with respect�o the Property upon �he written request vf Lender and T�ustar: �a}join in
<br /> preparing and filing a map or plat of the Real Proper�y, €ncluding the dedicafion of streets or other rights t� the
<br /> pub3ic; �b} j�in in gran��ng any easem�n� vr creating any restric��an on the Reai Property; and tc} j�in in any
<br /> subnrdina�ian or ather agreement aff���inc�this Deed��Yrus�o�-the int�rest a�Lender under�his ❑e�d af Trust.
<br /> �'rustee. Trustee shall meet all qualifications r�quired for Trus�ee under applicab�e law. [n additi�n �o the rights
<br /> and rerriedies set farth above, with resQ�ct�o a�l ar any part of the Prape�y, the Trustee sY�al[ ha�e tk�e �ight�o
<br /> foreclose by no�ice and saje, and Lender shall ha�e the right t� fareclose by judicial foreclosure, in either�ase in
<br /> ac�ordance with and tv the full extent p�o�ided by applicable law.
<br /> Successar T�-us�ee. Lender, �t Lender's❑ption, may from ��me ta time appoint a successor Trustee to any Trus�ee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged b� Lender and reco�-ded in �he
<br /> o�fice of �h� recvrder of Hall Caunty, 5�a#e at Nebraska. The instrument sha1� cvntain, in addition ta all n�her
<br /> mat��rs require� by state faw, th� names of the arigina[ Lender, Trustee, and Trustor, the bovk and page tor
<br /> compu�er system referen�e} where this Deed of Trust is record�d, and the name and address af the successar
<br /> trustee,and the instrument shall be executed and ackn�wledged by all the beneficiaries under�his Deed of Trust or
<br /> their successvrs in in�erest. The su�cessor trustee, withaut con�eyance of the P�roper�y, shall succeed to all the
<br /> title, powe�, and dut�es�vnferred upon the Trusfee in �his Deed of Trus�and by applicable law. This praGedure for
<br /> substitutian of Trust�e shall gavern ta the exclusion of a�l v�her provis�vns f�r substitu#ivn.
<br /> N�T�CES. An� no�ice requ�red to �e gi�en under this Deed o#Trust, including without limitativn any natice �f de�aul�
<br /> and any notice o�sa�e sha�l be gi�en in writing, and shali be effecti�e when ac�ualiy deli�ered, when actually recei�ed
<br /> by teie�acsimile�unl�ss atherwise required by law},when dep�sited w�th a nationally recognized overn�ght cvurier, or, if
<br /> maiied,when deposifed in the United States ma�l, as f�rst class, certified or�egist�red rr�asl postag�prepaid,dtrected�a
<br /> fhe addresses shvwn near#he beginning❑f�his Deed�f Trust. All �apies of nvtices of�preclosure from the holder of
<br /> any iien which has priarity a�er this aeed ❑f Trust shai! be sen�ta Lender's address, as shown near the beginning vf
<br /> this Deed ❑f Trusfi. Any party may change ifs address for notic�s under this Deed of Trust hy gi�ing formal wr�tten
<br /> nafice ta the ❑ther par��es, spe�ifying that the purpvse af the notice is �v change �he par�y's address. �or notice
<br /> purposes, Trustar agrees tv keep Lender in�ormed at al!times vf Trustor's curren�t address. Unless otherwise pr��ided
<br /> �r required by lavu, if there is mare than one Trustor, any notice gi�en by Lender tv any Tru�tar is deemed to b�nv�ice
<br /> gi�en to a11 Trustors.
<br /> ELECTR�NIC C4PfES. Lende� may copy, e�ectronica�ly or otherw�se, and thereafter destroy, �h� originals �� this
<br /> Agreemen� andlor Relaf�d Dvcuments in the regular course o� Lender's business. Ai� suGh copies produ�ed from an
<br /> elec�ronic form or hy any oth�r reliable means {i.e., pho�ographic image or facsimile}shall in alf resp�cts be considered
<br /> equi�alent�o an vriginal, and Barrower here�y wai�ss any rights or vhjec�ion�ta�hs use of such copies.
<br /> M15CELLANE�US PR�VISIQNS. The�ollowing misc�llaneous pro�risians are a par��f this Deed of Trust:
<br /> Amendments. Th�s Deed of Tru�#,together with any Related Dacuments, constitutes the entire understanding and
<br /> agreement of th� parties as�❑ the matters set farth in this Deed of Trust. 1Vo alteration of�r amendment tv this
<br /> Deed of Trust shall be effec�i�e unless gi�en �n writing and signed by the par�y or par�ies sough�to be charged ar
<br /> baund by the alteration ar amendment.
<br /> Annua� Reports. If the Properly is used far purposes other than Trus�nr's residenre, Trus�ar shail �ur-nish tv
<br /> Lender, upan ��quest, a cert�f�d statement o� net ope�ating incame received from the P�-operty during Trustar's
<br /> pre�ious fiscal year in such f�rm and detail as Lender shall require. "Ne� op�rating in�ome" shall mean ali cash
<br /> rec�ip�s�rom the Prvperty fess afl cash expenditures made in connection w�th�he aperation❑f the Praperty.
<br /> Captian He�dings. Caption headings in this Deed of Trust a�e for c�nvenience purpases only and are not tv he
<br /> used to interpret��define th�pro�isions of this Deed of Trust.
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