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2� 1 ����75
<br />. DEE� C]F TF�LJST
<br /> �Cont�nued� Pa�e �
<br /> manner a��ect Trust�e's o� Lender's righ�t to realize upon ar enforce any o�her security now ar her�a�ter held by
<br /> Trustee or Lender, it being agreed tha�Trustee and Lender, and each of�hem, shaE{ be er�titled to en�orce�his Deed
<br /> of Trust and any ot�er security naw or hereafter held by Lender or Trus�ee in such arder and manner as they or
<br /> ei�her o� them may in their abso�ute discretian de�ermine. No remedy conf�rred upon or reserved t� Trus�ee vr
<br /> Lender, is in�ended fi€� be ex�lusi�e o�any other remedy in this Deed of Trus�ar by law pro�id�d or permitted, but
<br /> each shal� be cumulati�e and shall be in addition to every other remedy given in �his Deed o# Trust or now or
<br /> herea�ter�xisting at�aw or in�quity ar by sta�ute. E�ery power ar remedy gi�en�y th� Nate ar any vf the Re�a�ed
<br /> Documents to Trustee or Lender vr to which either af them may be o�h�rwise �ntitled, may be �xercised,
<br /> concurrent[y ar independentl�, �rom time to �ime and as �f�en as may be deemed expedient by Trustee or Lender,
<br /> and ei�h�r of th�m may pursue in�ansistent remedies. Nathing in this D�ed o# Trust shall be canstrued as
<br /> prohibi�ing L�nder from seeking a deficiency judgm�nt agains�th�Trust�r to the extent such action is p�rmit�ed �y
<br /> law. Election by Lender to pursue any remedy shali not exclude pursuit of any o�her remedy, and an ele�tion to
<br /> make expenditures or �o take acti�n to per�arm an oh[igation of Trustor under this Deed of Trust, a#ter Trus�or's
<br /> fai�ur�ta per�vrm, shall na�a�fect Lender's right to declare a defiault and exercise its rem�dies.
<br /> Request�vr Notice. Trus�or, vn b�ha[�of Trustor and Lender, hereby requ�sts that a copy of any Notice�f Defauit
<br /> and a copy o�f any Natice of Sa1e under�his Deed of Trusfi be mailed�o them �t the addresses set forth in�he#irst
<br /> paragraph��f this Deed of Trust.
<br /> ►4ttvrneys' Fees, Expenses. l� Lender institu�es any suit or action to enforce any of �he terms of thEs Deed of
<br /> Trust, Lend�r shali b�entitled ta recover such sum as the court may adjudge reasonabi� as a�torneys' �ees at trial
<br /> and upon any appeal. Whether vr no� any court a�tion is in�ol�ed, and tv the extent not prvhibited by �aw, all
<br /> reasanable expenses Lender incurs that �n Lender's opinian are necessary at any t�me for the p�atectivn af its
<br /> interest or the enforcement o�its rights shall bec�me a par�of the Indebtedness payab�e on demand and sha�l �ear
<br /> interest at�he No�e rate from the date of�he expenditure unti[ repaid. Exp�nses co�ered hy this paragraph include,
<br /> without limitat�on, howe�er subjecfi tv any iimits under app�icab(e iaw, Lender's at�orneys' fees and Lender's �egal
<br /> expenses, whether �r not there is a lawsuit, inc�uding attorneys' fees and expenses for banl�ruptcy pr�ceedings
<br /> tin�luding efforts to modify or�acate any automa�ic stay or injunction�, appeals, and any antic�pated post-�udgmen�
<br /> collection ser�ices, fihe cost of searching �ecords, obtaining title reports �including fareclosure rep�rts�, sur�eyors'
<br /> repvr�s, and appraisa� fees, title �nsurance, and �ees for the Trustee, to �he extent permitted by applicable law.
<br /> Trustor alsv will pay any Gourt cos�s, �n additivn to all Qfiher sums pra�ided by law.
<br /> Rights vf Trustee. T�ustee sha[f have a1�v�F the rights and du�ies o�Lender as set for�h in this sec�ion.
<br /> PUWERS AND OBLIGAT[�JNS OF TR�JSTEE. The foifowing pro�isians relating�o�he powers and vbligations of Trustee
<br /> are part afi�this Deed of Trust:
<br /> Powers of Trustee. �n additian to all powers of Trustee arising as a matter af law, Trus��e shall ha�e the pow�r to
<br /> tak� the �ol�o►rving actions with respect tv�he Property upon the written request of Lender and Trustor: �a� jain in
<br /> preparing and �ilin� a map or plat o� the Real Property, including �he dedicati�n of sfireets or ather rights to th�
<br /> publi�; �by jo�n in grant'rng any easement or �reating any restrictian on the Reai Proper�y; and �cy j�in in any
<br /> sut�ardination or vfiher agreement a�F�ecting�his Deed of Trust vr the interest a�Lender under�h�s D�ed of Trust.
<br /> Trus�ee. Trust�� sha{f inee� all quafi�ications required �or Trustee under appl�cabl� faw. In addi�tion ta the rights
<br /> and remedi�s set fvrth abv�e, rrvith respe�t to a[I or any pa�t o� the Property, the Trustee shall have �he right to
<br /> foreclvse by notice and sale, and Lender shaiE have the right�o forecfvs� by judicial forec[osure, �n either cas� in
<br /> accordance with and tv the�ull exten�pr�uid�d by applicable law.
<br /> SucGessor Trustee. Lender, at Lender's o�tivn, may from time to�ime appoint a successor Trustee ta any Truste�
<br /> appo�nted under th�s Deed af Trust by an instrumen� exe�uted and a�knowledged by Lender and recor�ied in the
<br /> office of the rec�rder of Ha�l ��un�y, St�te of Nebraska. The instrument shafl c�ntain, in addi�ion �o all ather
<br /> matters required by s�ate lauv, the names af the ariginal Lender, Trustee, and Trustar, the �ook and page �or
<br /> computer system re�erence� where this �eed �f Trus� is recvrded, and the name and address of the successor
<br /> trustee, and the instrument shall be execu�ed and acknowledged by al[the beneficiaries under this De�d of Trust❑r
<br /> their successors in i�terest. The successor �rustee, wi�hflut con�eyance of the Proper�y, shall succeed to all �he
<br /> title, pow�r, and duties conferred upon the Trus�tee in this Deed of Trust and by applicab(e law. This procedure for
<br /> substitution o�Truste�shal[g��ern�o�h�exclus�on af all o�her pravisions for substitution.
<br /> NUTICES. Any n��ice requ�red to be given under this Deed of Trust, including without limitatian any notice ❑f default
<br /> and any notice v�sale shali be g�Uen in v►►ri�ing, and shall �e effecti�e when actually deli�er�d, when actually recei�ed
<br /> by tele�acsimile tunless o�therwise required by law�, when deposited wi�h a nationally recogni�ed v�ernigh�courier, or, i�F
<br /> mailed, wh�n depos�ted in the United States mail, as �irst class, certi�fied ar registered mai� p�stage prepaid, directed to
<br /> the addresses shovun ne�r the beginning of this Deed o�Trust. A[� copies o� notices o�f forec�asur� �rom �he hold�r of
<br /> any lien whi�h has priority o�er this Deed flf Trus� shall be sent to Lende�`s addr�ss, as shown near the beginning ��
<br /> this Deed of Trust. Any par�y rraay change it� address for natEces under this De�ed ❑�Trus� by giving fvrmal written
<br /> notice to the o�her parties, speci�ying that the purpose a� the no�ice is t� change �he party`s address. F�� notice
<br /> purposes, Trustor agre�s to keep L�nder in�o�med at all �imes of Trust�r's current address. Unless�therwise prv�ided
<br /> ar required by law, i�r there is mare�han ane T�ustar, any natice gi�en by Lender ta any Trus�or is deemed to be nvtice
<br /> given to all Trus�ors.
<br /> NfISGELLANE�US PR�VI�I[3N5. The fo�lorrving miscellaneous pro�isi�ns are a part a�this []e�d o�Trust:
<br /> Am�ndments. This Deed of Trust, toge�h�r with any Related Do�uments, consti�utes the en�ire understanding and
<br /> agreemen� vf the par��es as �o the ma��er� set forth in this Deed o�Trust. Na altera�io� a��r amendment to �his
<br /> Deed of Trust shall he e��ecti�e unless giwen €n writing and signed by�he party or pa�ties svught to be charged or
<br /> b�und by the alteration or amendment.
<br /> Annual Repvr�s. if �he Property is used for purposes other �han Trustor's residence, Trustor shall furnish fio
<br /> Lender, upon re�ue�t, a certi#ied s�atement of net op�rat�ng �ncame r�cei�ed �rom the Prvperty during Trustor's
<br /> pre�ious �iscal year �n such farrn and d�tail as Lender shai! require. "'Ne� operating in�ome" shal� mean all cash
<br /> rece�pts from�he Pr�perty less all cash expenditures made in c�nnection with the operation af�he Property.
<br /> Cap#ian Headings. �aptian headings in this Deed �f Trust are far canvenience purposes vnly and are nvt to be
<br /> used to interpret ar define the pro�isians�f this Deed of Trust.
<br /> Merger. There shall be na merger of the interes�or estate created by th�s Deed of Trus�with any v�her in�eres�ar
<br /> estate in the Prop�r�y a� any time held by o�r�or�the ben��it of Lender in any capaci�y, wi�haut�he written consent
<br /> of L�nder.
<br /> Go�erning Law. Thus Deed af Trust wil! be gaverned by federal law appl"rcable to Lender and. #o the extent not
<br /> preempt�d by f�der�l�aw,th$laws o�the 5�ate of N�braska v�r�thout re�ard to its conflic�s af law provisions. This
<br /> Deed of Trus�has been ac�ept�d by Lend�r in�he State of Nebraska.
<br /> Chaice ot Venue. If there is a lawsui�t, Trustor agrees up�n Lender's reques� �v submit �o the jurisdic�ion v�r the
<br /> courts o�F Hall Coun��, Sta��o�N�braska.
<br /> Jvint and Se�eral Li�bility. All obliga�ions of Trustar under this Deed Qf Trust shall be jain� and se�eral, and ali
<br /> re�erences ta T�ust�r shall mean each and every Trustor. This means thafi each Trus�or sign�ng belaw is
<br /> responsibCe for all obliga�tians in fihis Deed of Trust.
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