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2� 1 �� 1388
<br /> DEED �F TRLJST
<br /> {Continued� �age 6
<br /> ac�ion or pursuant ta the pawer of sale or other powers con�ained in this Deed �f Trust, shall prejudice vr in any
<br /> mann�r affect Trustee's �r Lender�5 right t❑ realize upon or enfor�� any other security now or h�reafter held by
<br /> Trus�ee or Lender, it being agreed that Trus'�ee and Lender, and each of them, shall �e entit��d tv en�vr�e this Deed
<br /> af Trust and any other securi�y nav►r or hersafter held by Lender or Trustee in such orde� and manner as �hey or
<br /> either of them may in their absolu�e discre�ion determine. N❑ remedy canferred upon or reser�ed �o Trus�ee or
<br /> Lender, is intended to be exclusi�e of any o�her remedy in this Deed of Trust or hy law pro��ded �r permitted, but
<br /> each shall be cumulati�e and shall be in addi�ion �o e�ery o�her remedy gi�en in this Deed �f Trust or now ar
<br /> hereafter ex�sting at�aw or in equity or by statute. E�ery power or remedy gi�en by the Note vr any of�he Refated
<br /> D��um�nts to Trustee ar Lender ar to which ei�her of them may be otherwise entit�ed, may he exercis�d,
<br /> concurrent[y or independ�ntly, trom time to time and as vften as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsis�en� r�medies. Nothing in this D�ed �f Trust shall �e cons�rued as
<br /> prvhibi�ing Lend�r from seeking a deficiency judgment agains�the Trus�vr ta the ex�ent such actian is permi'tted by
<br /> law. Election by Lender ta pursue any remedy shall not exclude pursui� of any other remedy, and an election �o
<br /> make expenditures or to take action to per�orm an obligativn o# Trustor under this Deed of Trust, a�ter Trustor's
<br /> failure to perfvrm, shall n�t aff�ct L�nd�r's right to declare a default and exercise i�s r�medies,
<br /> Request fvr Nv�ice. Trust�r, on beha[f o�T�ustor and Lender, h�reby requests that a copy ❑f any Notice o� D�fault
<br /> and a copy af any Noti�e o�F Sa[e under this De�d ❑�T�ust be mailed to them at the addresses set forth in the firs�
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. !f Lender institutss any suit ❑� act�an ta enfor�e any of the �erms �f this Deed of
<br /> Trust, Lender shall be en�itled to reco�er such sum as the caurt may adjudge reasonable as attorneys' fiees at tria�
<br /> and up�n any appeal. Whe�her or not any court acti�n is in��[Wed, and t❑ the extent nvt prahibi�ed by law, al�
<br /> reasonabfe expenses Lender incurs tha� in Lender's apinion are necessary at any �ime for the pro�ection of its
<br /> in�erest or�he enfor�ement of its rights shall became a part❑f fihe Inde[�tedness payable on demand and shal[ bear
<br /> interes�a�the Nafie rate#rom the date of�he expenditure until repaid. Expenses co��r�d by this paragraph include,
<br /> wi�hout �imitati�n, however subj�ct to any iimi�s under applicable law, Lender's attorneys' fees and Lender's �egal
<br /> expenses, whether or nQt th�re �s a lawsuit, including at�arneys' fees and expenses �or bankruptcy praceedings
<br /> �including effvr�s�v m�di�y ar�acat� any automatic stay or injunction�, appeals, and any anticipatsd post-judgment
<br /> co��ectivn ser�ices, �he cost of s�arching �ecords, a�fiaining title reports �including foreclasure repor�s3, sur�eyors'
<br /> reports, and appraisal #ees, titl� insurance, and fees fior �he T�ustee, to the extent permit�ed by appiicab�e faw.
<br /> Trustar a�so will pay any court costs, in additi�n tv aE�other sums p�a�ided by law.
<br /> R�ghts of Trus#ee. Trus�ee shall ha�e all of the rights and duties of Lender as set�orth in fihis section.
<br /> P�WERS AN❑ �BLIGATI�NS �F TRUSTEE. The following pro�isivns relating to the powers and o�ligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers a�Trustee. In addit�on t❑ a�1 pawers of Trustee arising as a ma��ter of iaw, Trust�e sha�� ha�e the power to
<br /> take the follawing activns with respec�to the Property upon the writ'�en reques�of Lender and Trustor: �a� join in
<br /> preparing and filing a map or plat �f the Real Property, inc�uding the dedication of s�ree�s or other rights to the
<br /> publ�c; tb� jain in granting any easemen# or creating any restriction on �he R�al Property; and {cy join in any
<br /> subordinat�on ar ather agreement affe�ting�his Deed of Trust or the inter�st of Lender unde�this Deed of Trust.
<br /> Trustee. Trustee shafi meet all qualificafiions required for Trus�ee under applicable law. In addition �o �he rights
<br /> and remedies set fiorth aba�e, with �espect to all or any part af �he Prvperty, �he Truste� sha�� ha�e the right to
<br /> forec�ose by no�ice and sa[e, and Lender shal� ha�e �he right �o fiareclose by judicial �oreclosure, in either �ase in
<br /> accordance with and to the fulf extent pro�ided by applicable �aw.
<br /> Successo�Trustee. Lender, a� Lender's option, m�y from time t�time appoint a successor Trus�ee to any Trustee
<br /> appointed under this Deed vf Trus� by an ins�rumen-� executed and acknowledged by Lender and recorded �n the
<br /> �#fice vf �he recorder o# Ha�l Caunty, 5tate of Nebraska. The instrument shall cantain, in addi�ian to all ather
<br /> matters required by state law, the names of the original Lender, Trus�ee, and Trust�r, the book and page ��r �
<br /> computer sys�em reference} where �his Deed o� Trust is recorded, and the name and address o� the successor
<br /> �rustee, and fihe ins�rument shall be execu�ed and acknow�edged by a�i the �enefi�iaries under this Deed a�Trust or
<br /> their successors in in�eres�. The suc�ess�r trustee, without con�eyance a��he Property, shall su���ed to a�� �he
<br /> ti�le, power, and duties �anferred upon the Trustee �n this Deed of Trus�and by app[�cab�e law. This procedure for
<br /> subs�i�ution o�Trustee shall go�ern t❑the exclusion af all o�her pr��isions for substitution.
<br /> NQT�CES. Any nv�ice required to be gi�en under this Deed of Trust, including wi�hou� limitatian any nat�ce af default
<br /> and any notice vf sale shall be gi�en in wr�ting, and sha�l be e�fecti�e when actually deli�ered, when actua��y receiWed
<br /> �y tele�acsimile �unless otherwise required by �aw�, wh�n deposited with a nationally re�ogni�ed o�ernight courier, or, if
<br /> mailed, when d�pas�t�d in the Uni�ed 5tates mail, as firs� c[ass, c�rtified or regis�ered ma�l postage prepaid, dir�ct�d to
<br /> the addresses shown near the beginning of this Deed vf Trus�. All copies �f n�tices of fore��osure from �he hofder of
<br /> any fien which has priority o�er �his ❑eed o#Trust shall be sent to Lender's address, as shown near the beginning o�
<br /> this De�d of Trus�. Any party may change its address far notices under this Deed �f Trust by gi�ing formal written
<br /> n�tice to �he othsr par�ies, specifying that �he purpose o� �he noti�e is to �hange the party's addr�ss. For no�ice
<br /> purposes, Trusto� agrees to keep Lender infarmed at aff tim�s o�Trusto�'s current address. Unless otherw�s� pro�ided
<br /> ar required by faw, ��there is more than one Trustor, any notice gi��n by Lender ta any Trustor is deemed to b� notice
<br /> gi�en tv all Trustors.
<br /> M15CELLANE�US PR�VISI�NS. The�Fa[Iawing misce��aneous pro�isions are a part af this Deed �f Trust:
<br /> Amendments. This Deed af Trust, together with any Refated Do�uments, �onstitutes the�ntire understanding and
<br /> agreement a�the parties as to �he ma��ers set far�h in this Deed of Trust. No alte�ation �f or amendment ta this
<br /> ❑eed of Trust sha�[ be e��ecti�e unless gi�en in wri�ing and signed �y the party or pa�ties sought ta be charged or
<br /> bound by�he alteration or amendment.
<br /> Annual Repor�s. �f the Pr�perty is used �or purposes other than Trustor's residenc�, Trustor sha�l furnish to
<br /> Lender, upon reques'�, a �ertified stat�ment o� net vperating incame recei��d from �he Praperty during Trus�or's
<br /> pre�ious fisca! year in such form and d��ail as Lender shali r��uire. "Ne� operat�ng income" shall m�an afI cash
<br /> receip�s from the Property less all �ash expendi�ures made in connectivn with the operation a�the Property,
<br /> Caption Headings. Capt`ran headings in �his Deed ❑f Trust are for con�enience purposes only and are not tv be
<br /> used to interpret�r define the pro�isians of th�s De�d a#Trust.
<br /> Merger. There shall �e no merger flfi the inter�st or estate �reated by this De�d of Trus�with any othe� interest or
<br /> estate �n the Prvperty at any time h�ld by ar�a�the bene�it o� Lender in any �apacity, withou�t the written consen�
<br /> of Lender.
<br /> Gv►►erning Law. This Deed af Trust wi�[ be governed by �ederal law applicahle to Lender and, to fih� extent no�
<br /> preempted by federa! law,the iaws of the State v�Nehraska wi#hout regard to its �vnfiic�s of law prvr►isions. This
<br /> Deed o�Trust has been accepted by Lender in th�State af Nehraska,
<br /> Choice a� Venue. [� �here is a lawsuit, Trustor agrees upan Lender's ��quest to submit �v �he jurisdiction of the
<br /> courts o�Hail County, Sta�e ofi Nebraska.
<br /> Joint and S��eral Liahili�y. All abliga�ions of Trustor under this Deed of Trust sha11 be joint and se�eral, and all
<br /> �eferences ta T�ustor shall mean each and e�ery Trustor. This means that each Trus�or signing be�ow is
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