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2� 1 �� 172�
<br /> DEED �F T'RUST
<br /> ��antinued� Page �
<br /> action or pursuant to the pawer of sale or other powers cvnta'rned in this ❑e�d ❑�Trust, shall prejudic� or in any
<br /> manner affect Trustee's or Lender`s righ� to realize upan or enforce any other secu���y naw �r hereafter held by
<br /> Trustee or Lender, �t�eing agresd that Trustee and �ender, and each of them, shall be entit�ed�o enforce this Deed
<br /> af Trust and any other security naw or h�reaf�er held by Lender or Trustee in such order and manner as �hey or
<br /> ei�her of them may in their absolu�e discretivn determine. No remedy conferred upon v� reser�ed t❑ Trustee ❑r
<br /> Lender, is intended tv be exclusi�e of any o�her remedy in this Deed of Trust or by law pro�ided or permitted, bu�
<br /> ea�h shal� be cumuiat��e and shall be in addi�ion �o eWery other remedy gi��n in this Deed ofi Trus� or now or
<br /> hereafter existing at�aw or in equity or by s�atute. E�ery power or remedy given by th� N�te o�any❑f the Re[ated
<br /> Do�uments ta Trustee or Lender ❑� to which eithsr of them may be o�herwise �nt�tfed, may be ex�rcised,
<br /> concurrently or independentfy, from time �� t�me and as o�ten as may be deemed sxpedient by Trustee �r Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing �n this Deed of Trus� sha[[ be construed as
<br /> prohibit�ng Lender�rom seeking a defiiciency�udgm�nt aga�nst the Trustor t❑the extent su�h ac�ian is permitted �y
<br /> law. E�ection by Lender �v pursue any remedy sha[[ not exc[ud� pursuit a� any ❑ther remedy, and an e�ection �o
<br /> make expenditures or �o �ake ac�ian �o perform an obligativn �f Trustor under this Deed of Trus�, aft�r Trustor's
<br /> �ailure to per��rm, shall nvt affect Lender's right�o declare a defaul�and exer�ise ifis remedies.
<br /> Request for N�tice. Trustvr, on behalf o#Trustor and Lend�r, hereby reques�s that a copy o�any Notice of CJe�au�t
<br /> and a copy of any Notic� ��Sale under this Deed of Trust he mailed to them a�the addresses set�orth in�he first
<br /> paragraph of this ❑eed ❑f Trust.
<br /> Atkorneys' Fees; Expenses. ff Lender institutes any suit or action to enfo�ce any o� the �erms of this Deed of
<br /> Trust, Lender shali be entitled to �reco�er such sum as the court may ad�udge reasanable as attarneys' fees at tr�al
<br /> and upon any appea�. 1Nhethe� a� not any court activn is in�ol�ed, and to the extent nat proh�bited by law, ail
<br /> reasana�le expens�s L�nder incurs �hat in Lender's op�nion are nec�ssary at any time fvr the prvtection of its
<br /> interest or the enforcement of its rights sha�l be��me a pa�t o�the indebtedness payahle on demand and shall bear
<br /> interest at the No�e ra�e from the date ofi th�expenditure untif repaid. Expenses co�ered by�his paragraph include,
<br /> withaut limitativn, howe�er subJect to any iimits under appfi�able law, Lender's attorneys` fees and Lender's legal
<br /> expenses, whether or nat �here is a lawsui�, including attorneys' fees and expenses for bankrupt�y proceedings
<br /> {in�luding efforts t� modify or�acate any au�omatic stay or injun�tion�, appeals, and any anticipated post�judgment
<br /> collection ser�ices, the cast v�s�arching recvrds, obtaining title reports �including forec(osure reports�, sur�eyars'
<br /> reports, and appraisal fees, tit�e insurance, and fees fo� the Trustee, to the ex�ent permitted by applicable law.
<br /> Trustar also will pay any court costs, in add�tion t� ai[ot�er sums pro�ided by law.
<br /> Rights vf Truste�. Trustee shall ha�e all of the rights and duties of Lender as set�o�th in this section.
<br /> P�VtifERS AND�BLIGAT��NS �F TRUSTEE. The following pro�isions r�lating tv the pawers and obliga�ions o�T�ustee
<br /> are part af this �eed o�Trust:
<br /> Pvwers v�Trustee, In addit�on�� al€ powers o�T�ustee arising as a ma��er�f�aw, Trustee sha�� ha�e the power'�o
<br /> take the #vllowing actians with respe�t to the Property upon the written request of Lender and Trusta�: �a� �oin in
<br /> preparing and filing a map or plat of #he Reaf Prop�rty, inciuding the dedicat�on of streets or other rights �v the
<br /> pu�lic; �b� �vin in granting any �asemen� or creating any restrictian ❑n the Rea� Proper�y; and �c� join in any
<br /> subvrdinat�an or other agreemen�affec�ing�his Deed of Trust vr the interest o�Lend�r under this Deed o�Trust.
<br /> Trustee. Trustee shal� meet al! qua��fii�ations required fvr Trus�ee under appli�ab�e �aw. In addi�ion t� the righ�s
<br /> and remedi�s set ��rth abo�e, with respect to all vr any part of �he Property, the Truste� sha�� ha�e the rEght to
<br /> foreclose !�y notice and sal�, and Lender sha�� ha�e the right ta fvreclase by judicial fore�losure, in �i�her �ase in
<br /> accordance with and to the full extent pro��ded by applicah�e law.
<br /> Successor Trus#ee. Lender, at Lender°s option, may frorn time ta t�me appoin�a successor Trustee ta any Trus�ee
<br /> appo�nted under th�s ❑eed vf Trust by an ins�rument exe�uted and acknow[edged by L�nd�r and recarded in the
<br /> office vf the reco�der o� Hali County, State of Nebraska. The instrumen� shafl cantain, in addition to al! other
<br /> ma��ers required by state �aw, the names o� the original Lender, Trus�ee, and Trustor, th� �aook and page �or
<br /> �amputer system reference� whe�e this Deed o� Trust is recorded, and the name and address of the successo�
<br /> �rustee, and�he instrument shafl be executed and acknawl�dged by all�he beneficiaries under this ❑eed of Trust or
<br /> their successors in interest. The suc��ss�r �rus�ee, without con�eyance vf the Property, shalf succeed tv all the
<br /> titl�, power, and duties conferred upon the Trustee in this ❑eed o�T�ust and by applicable �aw. This pro�edure far
<br /> subs�itution o�Trus�ee shall go�ern�o the exclusion of al[other pr��isions�o�substitution.
<br /> N�TICES. Any notice required t❑ he given under�his Deed of Trust, in�luding without �imitation any notic� �� defaul�
<br /> and any notice of sa[� shall h� g��en in writing, and shall be effec�ti�e when a�tualfy d�li�ered, when actualfy recei�ed
<br /> by telefacsimife �unfess otherwise required by law�, when deposi�ed wi�h a nativnally recagnized o�ernight courier, or, if
<br /> mailed, when deposited in the lln�ted States ma�l, as first class, cer�ified or registered mail p�stage prepaid, directed to
<br /> the addresses shown near �he beginning of th�s Deed of Trust. A�1 copies flf noti�es of foreclosure #ram the hvlder ��
<br /> any lien which has privri�y o�er this Deed af Trust sha!! be sent to L�nder's address, as shown near the beginning vf
<br /> this Deed of Trust. Any par�y may change its address for notices under this Deed of Trust hy gi�ing formal wri�tten
<br /> natice tv the ofiher par�ies, specifying that the purpose of the notice is t❑ chang� the party's address. For notice
<br /> purposes, Trustor agrees�o keep L�nd�r informed at all times o�Trustar's current address. Unless oth�rwise pro�ided
<br /> ❑r requi��d t�� iaw, if�here is more than one Trustvr, any notice gi�en by Lender to any Trus�vr is deem�d fio be notice
<br /> gi�en to all Trustors.
<br /> MISCELLANE�US PR�V�5��N5. The follawing miscellaneous pro�isions ar� a part�f this ❑eed ofi Trust:
<br /> Am�ndments. This Deed af Trust, together with any Related Documents, constitutes the en�ire understanding and
<br /> agre�ment o�the pa�ties as to the ma��ers s�t fiorth in this D�ed of Trust. N� ait�ration a# or amendment to this
<br /> Deed of Trust shall be �#�e�ti�e unless gi�en in writing and signed by the party or parties svught to be charged or
<br /> bound by the a�teration or amendmen�.
<br /> Annuai Reports. If �he Prvperty is used for purposes o�her than Trus'�or's residence, Trustor shall furnish tfl
<br /> Lender, upon request, a certi�ied statement o� net operating incvme recei�ed from the Prop�rty during Trust�r's
<br /> pre�ivus �is�af year in such farm and deta�� as Lender shall require, "Ne� operating income" sha11 mean alf cash
<br /> receipts from the Prope�ty �ess a(I cash expend�tures made in connectian with�he operation o�the Praperty.
<br /> Caption Headings. Caption headings in th�s Deed of Trust are for con��nience purposes only and are not ta be
<br /> used to int�rpret or define the pro�isions o��his ❑eed o�T�us�.
<br /> Merger. There shall be no merger of�he interest or estate created by�his Deed of Trust with any oth�r�nterest or
<br /> estate in the Proper�y at any time he[d by or�or the bene�it af Lender in any capacity, withaut the written �ons�nt
<br /> o�Lende�.
<br /> Governing Law. This I]eed ofi Trust w�l! be go�erned by �ederal �aw applicable to Lender and, �a #he �xtent not
<br /> preempted by federa� law,#he laws of the State vf Nebraska withou�t regard ta its canf���ts vf law pro�isivns. Th�s
<br /> ❑eed of Trus�has been accepted hy Lender in th�State vf Nebraska.
<br /> Chvi�e vf Venue. �f �here is a lawsuit, Trustor agrees upan Lender's request to submit to the jurisd�ctian of the
<br /> courts of Hall County, 5tate of Nebraska.
<br /> Jvin# and Se�eral Liability. All ob[igations o� Trustor under �his ❑eed ofi Trus� shall be joint and se�eral, and a��
<br /> references �o Trus�or shall mean each and ���ry Trus�or. This means tha� each Trust�r s�gning below is
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