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� 2� 1 �� 1113
<br /> DEED DF TRUST
<br /> �C�ntinued� Page 6
<br /> under this Deed a# Trus�, under the Note, under any of the Rela�ed Docum�nts, ar under any ather agreement or
<br /> any laws nvw or hereaf�er in #or�e; notwithstanding, s�m� or al� o�su�h indebtedness and �bfigations secured by
<br /> this Deed of Trust may now ❑r hereafter b� �th�rwise secured, whether by mortgage, d�ed o�trust, pledge, lien,
<br /> assignmen� vr ❑therwise. Neither �he acceptance of this Deed o� T�ust nor its enfor�ement, wheth�r �y court
<br /> action a� pursuant�o �he power of sale or� ather pawers contained �n this Deed o�Trust, shall prejudice or in any
<br /> mann�� af�ect Trustee's ar Lender's right to reafi�e upon ar enforce any othe� security now or herea�ter held by
<br /> Trustee or Lender, it being agreed tha�Trus�ee and Lender, and each af them, sha[[ ��entitled ta�nforce�his Deed
<br /> of Trust and any other security now or herea#�er held by �ender ar Trustee in such order and manner as th�y or
<br /> either of them may in the�r absolute discretion d�termine. No remedy �vnferred upon or reser�ed �a Trustee vr
<br /> Lender, is int�nded to be exclusi�e af any �thsr remedy fn this Deed of Trus�or by law p�o�ided or permitted, but
<br /> ea�h shal[ b� cumu�at��� and shall he in addition to e�ery v�her remedy gi�en in th�s Deed of Trust or nvw or
<br /> hereafter existing at law or in equity or by sta�ute. E�ery power or remedy gi�en by the Note vr any of th� Related
<br /> Documents to Trustee ar L�nder flr to which either of them may be v�herwise entit(ed, may he exerc�sed,
<br /> concurrently or indep�ndently, fram �ime �o time and as o�ten as may be deemed expedient by Trustee or Lender,
<br /> and either af them may pursue inc�nsistent remedies. Nothing �n this Deed of Trust shal[ he construed as
<br /> p�ohibifiing Lender�rom see�ing a deficiency�udgm�nt against�he Trusto�to#he exten�such action is permi��ed by
<br /> law. Election by Lender to pursue any remedy shaff nvt exc�ude pursu�t of any other remedy, and an e�ection to
<br /> make expenditures or �o take action tv perform an obligation �f Trustor under this Deed of Trust, a�ter Trustor's
<br /> �ai[ure to perform, shall not afifeG�Lender's right�o declare a default and exercise its remedies.
<br /> Request fvr Notice. Trustor, on behal��#Trus�or and Lender, herehy requests that a copy ��any Notice af De�ault
<br /> and a copy of any Noti�e ❑�5aie under th€s Deed o�Trust be maiied ta �hem at the addresses set#arth in the first
<br /> paragraph ofi this Deed of Trust.
<br /> Attvrneys' Fees; Expenses, if Lender ins�itutes any suit ar act�on to en€orce any vf the �erms �� this Deed of
<br /> Trust, Lender shall I�e en�i�led �v reco�er such sum as�he court may adjudge r�asonable as a��orn�ys' fees at trial
<br /> and upan any appeal. Vllhether or not any cour� action is in�ol�ed, and t❑ the extent not prohibited by law, all
<br /> reasvnabfe expenses Lende� incurs that in Lender's opinian are necessary at any time for the pro�ecfiion o� its
<br /> �nterest or the en�arcement of its rights shall become a par��f the Indebtedness payabf� on demand and shalf bear
<br /> interes�at the Nate rate�ram the date o�the expenditure un�il repaid. Expenses c��ered by th:s paragraph incfude.
<br /> wi�hou� limitation, howe��r subject'�o any lim€ts under appl�cable law, Lender's a�tvrneys' fees and Lender's legal
<br /> expenses, whe�her ar nofi ther� is a lawsuit, including attorn�ys' ��es and expenses for bankruptcy proceedings
<br /> �inc�uding ef#orts to mvdify or�aca�e any aut�matic stay or injunction}, app�als, and any an�icipated post-judgment
<br /> co��ection ser�ices, the Gast of searching re�ords, obtaining �itle reports 4including �o�eclosure reportsy, sur�eyors'
<br /> rep�rts, and appra�sal fees, title insurance, and '�ees �vr the Trustee, to the ext�nt p�rmitted hy app[ica�le law.
<br /> Trustor a[s�wil! pay any�vurt costs, in addition�o all ❑ther sums prv�ided by law.
<br /> Rights v�Trustee. Trust��shaii ha�e ail o�the rights and duties of Lender as se�fvrth in this sectian.
<br /> POWERS AND �gLIGATI�NS �F TRUSTEE. The ��Il�wing pro�+sions relating to the powers and obligativns ❑f Truste�
<br /> are part af this Deed ofi Trust;
<br /> Powers of Trus��e. in addition to all pvwers o�Trustee arising as a matt�r of law, Trustee shall ha�e�he pawer tv
<br /> �ake the �fvllawing ac�ions with respec�to the Pr�per�y upon the written request o# Lender and Trustor. �a� join in
<br /> pr�paring and filing a map ❑r pla� of the �eal Property, including the dedication af streets ar o�her rights to the
<br /> pu��€c; 4b} join in granting any �asement or creating any res�riction fln the Real Property; and �c� join in any
<br /> subordinati�n�r other ag�eemen�affecting this ❑�ed of Trus�or the interest of Lender under this Deed of Trust.
<br /> Trus�ee. Trustee sha[f ineet all qualifications requ�red �o� Trustee under applicable law. In addition to �he rights
<br /> and remedies set fiarth abo�e, with r�sp�ct to a[f or any part o� the Praperty, the Trus�ee sha�l ha�e the right to
<br /> foreclose by notice and sale, and Lende� sha[[ ha�e �he r�ght to fo�ec�os� by judicial �oreclosure, in either case in
<br /> accnrdance wi�h and to�he full �xtent pro�ided by app�icab[e iaw.
<br /> 5uc�essor Trustee. Lender, at Lender's option, may frorn time���im� app�int a successor Trustee�a any Trustee
<br /> appointed und�r this Deed of Trus� by an instrumen� exe�uted and acknowfedged by Lender and recorded in �he
<br /> office of th� reca�der o�f Hall Counfiy, State �f Nebraska. The instrument sha[[ contain, �n addi�ion to all ather
<br /> matters required by state law, the names o� �he ori�inal Lender, Trus�ee, and Trustor, the baok and page �ar
<br /> computer system r���r�ncef where this Deed ❑f Trust ts recorded, and the name and address o�r fihe successor
<br /> trustee, and�he instrument shall be ex�cuted and acknow�edged by all the beneficiaries under this Deed of Trust or
<br /> their successvrs �n interest. The successo� 'trustee, without can�eyance �f the Proper�y, sha�� su��eed ta all �he
<br /> title, power, and du#ies c�nferred up�n the Trust�e in�h�s Deed o�T�ust and by applicable law. This pracedure for
<br /> su#�stitu�ion vf Trustee shalf go�ern to the excf usivn of a!i other pro�isions�or subs�i�utivn.
<br /> N�T�CES. Any notice requir�d to b� gi�en under this Deed ��Trust, inc�uding with�ut limi�ation any nati�e of defau[t
<br /> and any notice of sale shall be gi�en in wri'ting, and sha[[ be e�fe�ti�e when a�tuaily deli�ered, when actualiy re�ei��d
<br /> by te���acsimi�e {unless otherwise required by lawy, when dep�sit�d w�th a nationa[�y recognized o�ernight courier, or, if
<br /> mai�ed, when depvsited in the United 5tates mail, as firs#class, certifiied or registered mail pvstage prepa�d, directed '�o
<br /> the addresses shown near�he beginning of�his Deed of Trust. All c�pies of n�tices �f�oreclosure from the halder of
<br /> any lien which has priority ��er this Deed of Trus� shall be sent to Lender's address, as shvwn near the beginning ofi
<br /> fihis l7eed of Trusfi. Any party may change i�� address for nvtiGes under this Deed v� Trust by gi�ing f�rmal wri��en
<br /> nQtiGe ta �h� vther par�ies, spe�ifying fihat the purpose vf the notice is to change the party's address. Far notic�
<br /> purp�ses, Trustar agrees tv keep Lender informed a�all �imes of Trustor's current address. �nless ❑therwise pro�ided
<br /> ar required by �aw, i#ther� is more than on�Trus�or, any notice gi�en by Lender to any Trustvr is deemed to be no�ice
<br /> gi�en to all Trust�rs.
<br /> M�SCELLANEDUS PRDV151DNS. The�o���w�ng misce��an�ous pro�isions are a part vf�his Deed a�Trus�:
<br /> Amendments, This aeed o�Trust, together with any Related Documents, consti�utes the entire understanding and
<br /> agreement vf the part��s as to th� matte�s set �orth in this D�ed vf Trus�. No al�erat�on o'�or amendment to this
<br /> Deed ofi Trust shall be e��ect��e un�ess gi�en in writing and signed by the par�y or parties svught to be charged ❑r
<br /> bound by�the alteration or amendment.
<br /> Annual R�ports. I� the Property is used �ar purposes o�her �han Trustor's residenc�, Trustor shall furnish to
<br /> Lender, upon request, a ce�ti#ied statement of net operating incame recei�ed from the Property during Trustor's
<br /> pre�ivus �is�al year in such farm and detail as Lender shall �equire. "Net operating incom�" shall mean a[( �ash
<br /> receipts from the Property iess a�l cash expenditures made in cvnnectivn wi�h the operation vf the Property.
<br /> Capt�an Headings. Caption head�ngs in this Deed of Trus� are �or con�enience purposes only and are not to he
<br /> used t� interpret or define the prv�isiflns of this ❑eed vfi Trus�.
<br /> Merger. There sha�� be no m�rg�r v�the interest or estate crea�ed �y this Deed of Trust with any a�her inter�st�r
<br /> esta�e in�he Pr�perty at any time held by ar�or the benefit of Lender in any capacity, w€thvut the written �onsen�
<br /> �f Lender.
<br /> Ga�erning Law. Th�s D��d af Trust wiE� be go�erned by federal Caw appiicable t❑ Lend�r and, ta the extent not
<br /> preempted by federai law,�he�aws of the State of Nebraska wi�hou�regard to its cvnflicts a�law p�o�isivns. This
<br /> Deed vf Trust has been accepted by Lender in the 5tate of Nebraska.
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