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2� 1 ���718
<br /> DEED �F TR�JST
<br /> Laan Na: 'I�'��9�52U ��orlt��ued� �age �
<br /> and a copy of any Na�ice of 5ale under this Deed o�Trus� be mailed fio �hem a��he addresses se� forth in the f�rst
<br /> paragraph o�this Deed�-�`�rust.
<br /> A�torneys' F�es: Expens�s. If L�nder institu�es any suit or action �a en�force any of �he terms o� this Deed of
<br /> Trust, Lender shal! be en�f�led �o �eco�er such sum as �h� court may adjudge reasanable as at�orn�ys' fees a�t trial
<br /> and upon any appeal. 1�lhether or not any court action is in�vl�ed, and �o �h� extent not prohibi�ed by law, all
<br /> reasQnable expenses Ler���r incurs that in Lender's opinian are necessary at any �ime for �he prate��ion o� its
<br /> in�erest or the enforcem��t o� its rEghts shall become a part of the Indebtedness payable on demand and sha�l bear
<br /> in�erest at�he No�e �ate�rom�he date of the expenditure until repaid. Expenses co�ered by this paragraph include,
<br /> wi�ht�u� limita�ian, howe�er suhjec#�o any limits und�r applicab[� [aw, Lender's attorneys' fees and Lender's I�gal
<br /> expenses, whether ar na�.there is a lawsuit, including att�rneys' fees and expenses for bankruptcy proceedings
<br /> tincluding efforts to mod�fy❑r�acate any automa�ic stay ar injunction}, app�als, and any anticipated post-judgment
<br /> collecfiion ser�ices, �h� c�st ❑f searching records, abtaEn�ng �ifile repQrts {in�ludin� foreclosure reports}, sur�eyors'
<br /> reports, and appraisal f��s, fii�le insurance, and fe�s for the Trustee, to the extent permitted by applicable law.
<br /> Trusta�also will pay any�ourt c�sts, in addi�i�n to a11 other sums pr�vided by law.
<br /> Rights of Trustee. Truste�shali hav�all vf�he rights and du�ies of Lender as s�t forth in this section.
<br /> P�WERS AND DBLIGAT�C3N5 �3F TRUSTEE. The �oilowing proWisions rela�ing to the powers and o�ligations of Trustee
<br /> are pa�-�of this aeed of Trust;
<br /> Powers ot Trustee. ln a�dition�a all powers of Trustee arising as a matter o�law, Trustee shal� haWe the pvw�r to
<br /> talce �he �all�wing acti�ns wi�h �esp�ct t� th� Pr�perty upan the wri�ten r��uest of Lender and Trustor: �ay �a�n in
<br /> preparing and �iling a m�p or plat af the Real Praperty, including the dedica�ion af stree�s or other righ�s to th�
<br /> publi�; �b} jain in �ran��ng any easement or �rea�tin� any restriction on the R�al Proper�y; and {c} join in any
<br /> subordinat�an�r other a�reement a�fecting this ���d of Trust�r�he interest af Lender under this Deed of Trust.
<br /> Trus��e. Trustee shall mee� al1 qualificati�ns required �or Trustee under applicable law. In additi�n �o �he righ�s
<br /> and remedies se� forth abo�e, wi�h respec� t� all ar any part of the Proper�y, the Trustee shall ha�e the right tfl
<br /> fiorecl�se by no�ki�e and �ale, and Lender shall have the righ� to farecl�se by judi�ial foreclosure, in either case in
<br /> accardan�e vvith and to the fuil extent p�o�ided by applicable law.
<br /> Successor Trustee, Lender, at Lender's option, may from time to time appoint a success�r Trustee�❑ any Trustee
<br /> appointed under �his De�d �� Trus� hy an instrumen� executed and acknawledged by Lend�r and recorded in fihe
<br /> o�fice ❑f fh� recorder of �iALL County, State of N�braska. Th� instrumen� shall con�ain, in addi�ian �o all other
<br /> matt�rs required by s�a�te law, th� names of the ariginal Lender, Trus�ee, and Trus�or, the book and page �or
<br /> camputer system referen�e} where �his Deed o� Trus� is recarded, and �he nam� and address of the successor
<br /> �rus�ee, and the instrument shali b�execut�d and acknouvledged by all the beneficiaries und�r this Deed �f Trusfi or
<br /> �heir successors in interest. The successor �rustee, wi�hout con�eyance vf the Prap�rty, shali succeed ta all the
<br /> �i�le, power, and duties conferrecl upon the Trustee in this D�ed vf Trust and by applicable law. This procedure for
<br /> substitut�an of Trus�ee shall ga�ern ta the ex�lusion of al1 other pro�risions far subs�itu�ion.
<br /> N�TICES. Any notice requir�d t� be given under this ❑eed �f Trust, including without limi�a�ion any na�ice of de�Fault
<br /> and any n��ic� of sale shall be given in writing, and shall be effec�i�e when actualfy deliWered, when actually re�ei�ed
<br /> by telefacsimil� �unless otherUvise re�uired by lawy, when deposi�ed with a natianally rec�gni�ed oWernight�aurisr, or, if
<br /> maile�, vuhen depvsi��d in the Unite�l 5tates mail, as first class, �ertif�ed ar regis�tered maEl postage prepaid, directed to
<br /> the addresses shown near�he beginning o�this ❑eed of Trust. Ail copies of natices �f fareclosure fr�m the haider of
<br /> any lien whi�h has priority o�er this De�d of Trust shall be sent ta Lender's address, as shown near the beginning of
<br /> �his ❑eed af Trust. Any party may �hange its addr�ss far notices under this Deed af Trust by giving formai written
<br /> notice �a �he other part�es, specifying that the purpose of the nofii�e is ta change the party's address. For notice
<br /> purpos�s, Trustor agrees �o keep Lender infvrmed a� a�l �imes of Trustor's cu�rent address. Unless o�herwise proWided
<br /> �r required �y law, if�here is more �han one Trustor, any notic� gi��n by Lender�a any Trustor is d�smed �o be notic�
<br /> gi�en to all Trust�rs.
<br /> MIS�ELLANE�US PROV[S1D�VS. Th�fvllflwing misc�llaneous provisivns are a part of this ❑eed of Trust:
<br /> Amendments. This Deed of Trust, together with any Related Documents, canstitutes the entire understanding and
<br /> agreemen� �f th� parti�s as �o the matters set �arth in �his Deed of Trust. No aiteration o�or amendment to �h�s
<br /> De�d of Trust shall be ei�'��cti�e unless gi�en in wri�ing and signsd �y the party or par�ies sought to be charged or
<br /> b�und by the alteration ar amendment.
<br /> Annual Rep�rts. If the Property is used far purposes o�her �han Trust�r's residence, Trustor sha[! furnish fio
<br /> Lender, upon reques�, a certified sta�emen� of nst operating incvme recei�ed �ram �he Prope��ty during Trustor's
<br /> pre�ious fiscai year in such form and detail as Lend�r shall require. "Net opera�Eng incame" shall mean al! cash
<br /> receipts fr�m the Proper�y less all cash expenditures made in �onnec�ion with�he apera�ion af the Property.
<br /> Cap�tion Headings. �aption headings in this Deed of Trust are �or cvnveni�nce purpvses on�y and a�e nat tv be
<br /> used to interpret or define the provisians o�this Deed of T�ust.
<br /> M�rger. There shall be no merger vf fihe interest�r estate crea�ed by th�s Deed a�Trust with any other interest �r
<br /> estate in the Praperty at any tim� held by or far the benefi� of Lender in any capacity, without the written c�nsent
<br /> �f L�nder.
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