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2� 1 �� 14� 1
<br /> DEED �F TRUST
<br /> ��ont�nued� Page 6
<br /> any �aws n�w or h�rea�ter in force; notwithstanding, some o� ali ❑f such indehtedness and obligations secured by
<br /> this D�ed of Trust may now t�r hereafter be otherwise secured, whether by mortgage, deed ofi�rust, pledge, lien,
<br /> assignment or athe�w�se. Ne�ther th� acceptance o# th�s Deed of Trust nor its enfvr�ement, whethe� by cour�
<br /> ac'tion o� pursuant to the power of sale or other powers cantained in th�s Deed of Tr�s�, shall pr�judic� ❑� in any
<br /> manner affect Trustee's or Lend�r's right �o realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it��€ng agreed that Trustee and Lender, and each o�them, sha�l be�nfiitled�o enfar�e this Deed
<br /> of Trus� and any o�her security naw or hereafter held by Lend�r or Trustee in such arder and manner as they or
<br /> either ofi them may in their absolute discretion determine. No remedy c�nferred upan or reser�ed �o Trustee ar
<br /> Lender, is intended to be exclusi�e of any �ther remedy in this Deed of Trus�or hy lav� pra�ided or permitted, but
<br /> each shall be cumula�i�e and shall be in addition to e�ery other remedy gi�en in this D��d o� Trust ar now or
<br /> herea�ter existing at law or in equity vr by s'ta�ute. E�ery pawer vr remedy gi�en by the Nvte��any of the Related
<br /> Documents to Trustee ar Lender or to whi�h either of �hem may �e o�herwise e�titled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expEdient by Trus�ee vr Lend�r,
<br /> and either o� them may pursue inconsisten� remedies. Nothing in this Deed of Trust shall b� construed as
<br /> prohibit�ng L�nd�r frvm seeking a de�iciency�udgment against the Trustor ta the exten�su�h aCtion is permitted by
<br /> �aw. Ele�tion by Lender t� pu�sue any �emedy sha[I not exc�ude pursuit o� any other remedy, and an e�e�t�on tv
<br /> make expenditures vr to take action t� p�rf�rm an obligation �f Trustor under th�s Deed o� Trus�, af�er Trustor's
<br /> failure to perform, shall nv�affec�Lender's right�o de�lare a default and exercise its rernedies.
<br /> Request for Nvti�e. Trus�or, on beha�f�f Trustor and Lender, herehy requests tha�a �apy of any Nvt�ce of Defaul�
<br /> and a capy o�any Natice af Sale unde�this Deed o�Trust be mailed ta them at the adcresses s�t forth �n the firs�
<br /> paragraph�t this Deed o�Trust.
<br /> Attvrneys' Fees: Expenses. lf Lender institutes any suit or action t� enfarce any o� the terms of this Deed of
<br /> Trust, Lender shall be en�itled to re�v�er such sum as�he �vurt may adjudge reasonahl� as attorneys' fees at tria�
<br /> and upon any appeal. Whe�her or not any caur� aG�ion is in��l�ed, and �v �he extent not prohib�ted by law, alf
<br /> reasonable expenses Lender incurs that in Lender's opinion are ne�essary �a� any time for the pr�te�tion of its
<br /> int�r�st or the en�arcement�f its rights shall become a part af the Inde�tedness payabla on demand and shall hear
<br /> interest a�t the Note rate�rom the date o�th�expend'€ture until repaid. Exp�ns�s �o�ere=� by�his paragraph include,
<br /> wi�hout limi�ativn, h�we�er subje�t t� any limits under applicabfe law, L�nderTs attn�'nEyS' fie�s and Lend�r's legal
<br /> expenses, whe�her or not �here is a lawsui�, in�luding attorneys' fees and expenses �or bankruptcy proceedings
<br /> {inc[uding efforts ta mvdify or�acate any automatic sray or injun�tivn}, appeals, and an►r anticipated post-�udgment
<br /> co[(ection s�r�ices, the �ast of searching recvrds, ohtaining title repar�s �including foreclosure rep�rts�, sur�eyors'
<br /> reparts, and appraisal fees, tit�e insurance, and fees for �he Trustee, to �h� extent parmit'�ed by applicable [aw.
<br /> Trustor alsa wil[ pay any court costs, in addition to alf other sums pr��ided by �aw.
<br /> Righ#s of Trusfiee. Trus�ee shall ha�e all of�he rights and du�ies of Lender as set forth in this section.
<br /> P�WERS AN❑ �BLIGATIQNS DF TRUSTEE. The following pro�isians relating to �he power� and ob(igat�ons ❑f Trustee
<br /> are part a�this ❑eed o�Trust:
<br /> Powers of Trustee, In addition to a�[ powers o�Trustee arising as a matter of law, Trus�ee shall harre�he power to
<br /> take the following actions with respect to the Prvperty upon the written request o� Len�er and Trus�or: �a� j�in in
<br /> preparing and filing a map ar pla� of the Real Proper�y, in�luding the dedication �f streets ar vther rights t� th�
<br /> public; �b� join in granting any easement or creating any res�ric�ion on the Real Pro�erty; and �c� jvin in any
<br /> subordinativn or other agre�ment affecting this Deed of Trust or the interest of Lender under this Deed of Trus�.
<br /> Trustee. Trustee sha�l m�et aI[ qua[ifications required �or Truste� under app�icable law. In addi�ian to the rights
<br /> and remedies se# forth above, with respect to alf or any part of th� Property, the Trustee shall ha�e th� right to
<br /> foreclvse by nati�e and sale, and Lender shall ha�e the right to forecf�se by judic�al fcreclosure, in either case in
<br /> accordance wi�h and to�he full �x�en�prv�ided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoin�a succe�s�r Trusfiee to any Trustee
<br /> appointed under this Deed of Trus� by an instrument ex��uted and acknvwledged by Lender and recorded in the
<br /> o��ice o� the recorder of Ha�l County, Stafie flf Nebraska. Th� instrument shall can��in, in add�tian tv all ❑�her
<br /> matters required by state law, the names o� the a�ig�na! Lend�r, Trustee, and Trusfi�r, the book and page �or
<br /> compu�er system reference} where this Deed af Trust is recorded, and the name and address of the successor
<br /> trus�ee, and the instrumen�shall be�xecuted and acknowledged by all the beneficiaries �nder this Deed of Trust or
<br /> their successors in interest. The succsssor trustee, wi�haut can�eyance of the Proper�y, shali succeed to all the
<br /> titfe, power, and dut�es con�erred upon�h�T�ustee in�his Deed ❑f Trust and by applicable �aw. This procedure�or
<br /> substitution of Truste�sha[�go�ern to the exclusi�n ot a[[other pro�isions for suhstituticn.
<br /> N�TCCES, Any notice required to be gi�en under this Deed ❑f Trust, in�luding without limi�ation any notice o�de�ault
<br /> and any na�ice vf sale shall be gi�en in wri�ing, and shall be effec�i�e when ac�ually deli�er�d, when actually rece���d
<br /> by te�efacsimile �unless otherwise required by law�, when depasited wi�h a nationally recognized ��ernight courier, or, i�
<br /> mai�ed, when depvsited in the United 5tates mai�, as �irst class, �erti�ied ar registered mail p�s�age prepaid, direc�ed to
<br /> the addresses shown near the beginning o�this Deed ��Trust. All copies o� notices of for�closure fr�m th� hvlder o�
<br /> any lien which has priority o��r' �his Deed of Trust sha�� be sent to Lende�'s address, as srown near the beginning af
<br /> this Deed of Trust. Any party may �hange its add�ess for not�c�s under �h�s Deed o� Tru:�� by gi�ing formai wri��en
<br /> no�ice ta the other parties, speci�ying that th� purpase o'� the notic� is �o change �he pdrty's address. F�r notice
<br /> purpases, Trustor agrees�o keep Lender infiormed at all times of Trustor's current address. Unless vtherwise pro�ided
<br /> ar required !�y law, if there is more�han one Trus�or, any notice gi�en by Lender�o any Trustor is deemed �v be notice
<br /> gi�en ta a�1 Trustars.
<br /> N[ISCELLANE�US PRC7V�51�3N5. The fallowing misG�llaneous prflvisions are a par�of this De�d of Trust:
<br /> Amendments. This Deed of Trust, �og�th�r w�th any Re�ated Documents, �onstitutes t1� entire understand�ng and
<br /> agreemen'� of the parti�s as tv the matters set farth in this ❑eed vf Trust. No alteratian a�or amendment tv this
<br /> Deed of Trus�shall be effecti�e unless gi�en in writing and signed by the party ar parti�s saught to he charged ❑r
<br /> bound by the al�era�ion or amendmen�.
<br /> Annual Reports. !f the Prvperty is used far purposes other �han Trustor's residenc�, Trustor shall furnish to
<br /> Lender, upon reques�, a cer�ified s�atemen� of net opera�ing incom� recei�ed from the Prop��ty during Trust�r's
<br /> pre�ious fiscal year in such farm and detail as Lender shall require. "Ne� operating in�ome" shall mean all cash
<br /> re�eipts from the Prop�rty less all �ash expenditures made in connection with�he opera�an❑f the Property.
<br /> Cap#�on Headinc�s, Caption headings in this �eed o� Trust are far con�enience purpo�es only and are no� to be
<br /> used to in�erpret�r de�ine the p�ov�sions o�this Deed of Trust.
<br /> Me�ger. There sha[[ be no me�ger o�the interest or estat� cr�at�d by�his D��d o�Trus:with any�ther infierest ar
<br /> es�a�e in the Property at any time held by or fvr the benefit of Lender in any capa�ity, v�ithout the wri�ten �onsent
<br /> �f Lender.
<br /> Gov�rning Law, This Deed v# Trust w�l� be go�erned by federal law applicable tv Ler�der and, to the extent not
<br /> preemp#ed by federal law,the �aws❑f the State❑�Nebraska wi�hou�regard to its confli:ts a�law pro�isivns. Th�s
<br /> De�d of Trust has b�en acc�pted by Lender in the State af Nebraska.
<br /> Cho��e of V�nu�. If there is a lawsuit, Trus�or agrees upon Lender's request �o subm�t to the jurisdic�ian af the
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