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2� 1 �� 19�9
<br /> DEED �F TRUST
<br /> �Continued} Page �
<br /> th€s Deed af Trus� may now �r herea�ter be otherwise secured, whether by m�rtgage, deed of trus�, pledge, �ien,
<br /> assignment or otherwise. Neither th� acceptance of th�s ❑e�d a� Trust nor its enfvrcement, whether by �ou�t
<br /> action or pursuant ta the p�wer of sa�e or other pflwers contained �n this Deed af Trus�, shall prejudice or in any
<br /> manner affe�# Trustee's or Lender's r�ght to realize upan or enfor�e any other security now or hereafter he[d by
<br /> Trus�ee or Lender, it�e�ng agreed that Trustee and Lender, and each of them, shall be en�i�led to enf�rce th�s ❑eed
<br /> of Trust and any other securifiy now ❑r hereafter held by Lender or Trustee in such order and manner as th�y ar
<br /> ei�her af th�m may �n their absolute dis�re�ion de�ermine. N❑ remedy conferr�d upon or reser�ed to Trustee or
<br /> Lender, is intended �o be ex�lusi�e of any other remedy in this Deed of Trus�o� hy �avu pro�ided or perm�tt�d, but
<br /> each shall be cumuiati�e and shall be in addi�ion �o e�ery v�her remedy gi�en in this Deed of Trust or now or
<br /> hereafter ex�sting at law or in equity or by s�a�u�e. E�ery pvwer or remedy gi�e� by#he N�te�r any a�th� Related
<br /> Documents to Trustee ar Lender or �o which either of �hem may be o�herwise entitled, may be exercised,
<br /> �oncurrent�y o� independently, from time to time and as often as may he deemyd expedient by Truste� ar Lender,
<br /> and either o� them may pursue inconsis�en� remedies. No�hing in this Dee�d of Trust sha[� be construed as
<br /> prohibiting Lender from seeking a deficien�y judgmen�agains�the Trus��r to the extent such action is perm�tted by
<br /> law. E[ect�on �y Lender ta pursue any remedy shall no� exclude pursui� ❑f anW other remedy, and an election ta
<br /> make exp�nditures or ta take ac�ion �o perfarm an obligation of Trustar under this Deed of Trust, a�ter Trustor's
<br /> �ailure to per�orm, shall nofi affect Lender`s righ��o declare a defaul�and exercise i�s remedies,
<br /> Request for No#ice. Trus�or, on hehalf of Trus�or and Lender, hereby requests that a �opy a�any Notice o�f ❑efaul�
<br /> and a c�py o#any No�ice vf Sale under this Deed vf Trust be mailed to them at the addresses set #vrth in�he first
<br /> paragraph o�this Deed of Trust.
<br /> Attvrneys' Fees; Expenses. �f Lender institutes any suit or action to en�orce any o� th� terms o� this Deed of
<br /> Trust, Lender shall be entitled �o r�co�er such sum as the �ourt may adjudge reas�nab�e as attarneys' �rees a��rial
<br /> and upon any appeal. Whe�her vr no� any court ac�ivn is in�vl�ed, and to th� extent not prohibited by law, all
<br /> reasonabl� expenses Lender in�urs tha� in Lender's opinion are necessary a� any time for �he pro�ectian of its
<br /> interest or�he en�orcement a#its righ�s shall become a par�of the Indeb�edness payable on demand and shall bear
<br /> in�erest at th� Note rate from the date af the expenditure un�il repaid. Expenses co�er�d by this paragraph include,
<br /> wi�hout limitation, howe�er subject to any f imits under applicable �aw, Lender's at�orneys' fees and Lender's legal
<br /> expenses, whether o� not the�e is a lawsuit, including attorneys' fees and expenses for bankrupt�y pr�c�edings
<br /> �including efiforts to madi�y or�acate any autamatic s�ay ar injunction}, appeals, and any anticipated post-judgment
<br /> collection ser�i�es, the cast o�searching records, obtaining title reports �includ�ng fore�losure reportsy, sur�eyars'
<br /> r�ports, and appraisal fees, �itle insurance, and fiees fvr the Trustee, ta th� extent permitted hy applicable law.
<br /> Trustor also will pay any c�urt casts, �n addition to a1i ather sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall have a[l o��he �i�h�s and duties❑�Lender as se-:�a�th in this se��ion.
<br /> PDWERS AND DBLiGATI�NS �F TRUSTEE, The following pro�isions relating to the powe�s and obli�atians of Trustee
<br /> are part of�his ❑eed o#Trust:
<br /> Pvwers o�Trustee. In addition to a11 powers of Trustee arising as a mat�er of Ia�N, Trustee shalf ha�e�he pawer to
<br /> take�h� following actions with respect to the Property upon the wri��en reques�of Lender and Trustor: �a3 jain in
<br /> preparing and filing a map or plat o# the R�al Property, including the dedicafiian of streets or oth�r rights to the
<br /> pu#�lic; 4b� jvin �n granting any easement or creating any restriction an the Real Property; and �cy �ain in any
<br /> su�o�dina�ivn vr other agreement a��ect�ng this Deed o�Trust❑r the interest of Lender under�his Deed af Trust.
<br /> Trustee. Trustee shall meet afl quafif�cations required �or Truste� undsr applica�le law. ln addi�ion to the rights
<br /> and remedies set for�h abo�e, with r�spect to all nr any part o� the Prop�rty, -th� Trust�� shall ha�e the right to
<br /> f�r�cios� by notice and sale, and Lender shall ha�e the right ta forec[ose by ju�d�c�a� farec�osure, in ei�h�r case in
<br /> ac�ordan�e w�th and to�he full exten�pro�ided by appficable law.
<br /> Successor Trustes. Lender, at Lender's option, may�rom time tv time appoint a success�r Trustee to any Trustee
<br /> appvinted under this Deed of Trust by an ins�rument executed and acknowledged by Lender and recorded in �he
<br /> office of the re�order o� Hall Counfiy, S�ate af Ne�raska. The ins�rumen� shall contain, in addition to all o�her
<br /> ma�ters required by stat� law, the names of ths original Lender, Trus�ee, an� Trus�or, the book and page �or
<br /> computer system r���r�ncei where this Deed of Trus� is recorded, and the n�me and address o� �he successor
<br /> �rustee, and�he instrument sha�� be executed and acknowledged by all the beneficiaries under�his De�d o�Trust or
<br /> the�r successors �n interest. Th� successor �rustee, without cvn�eyance v�the Proper�y, shall succeed t❑ a€! �he
<br /> titfe, power, and du�ies conferred upon th�Trust�� in this Deed o�Trust and by applicable law. This procedure far
<br /> substitutivn a�Trustee shall go�ern t�the exclusion af all other pro�is��ns far suhstitu�ian.
<br /> N�TICES. Any not�ce required tv be gi�en under this Deed of Trus�, including withnut limitation any nofiice of default
<br /> and any n�tice �f sa[� shall be gi�en in wri�ing, and shall be effec�i�e when ac�ually deli�ered, when actual�y recei�ed
<br /> by telefacsimile �unfess vthe�wise required by law�, when depasi�ed wi�h a nationally recognized o�ern�ght courier, or, if
<br /> mai€ed, when deposited in the llnited 5tates mail, as �irst class, certified or registere�� mail postage prepaid, directed to
<br /> the addresses shawn near the beginning o�th�s Deed o�Trust. AI� copies af noti�es of foreclosure from �he ho(d�r o�
<br /> any lien which has privrity o�er this Deed of Trust shall be s�nt to Lender's address, as shown near the beginning af
<br /> this Deed of Trust. Any par�y may change its address f�r no�ices under this ❑eec of Trust by gi�ing fvrmal wri��en
<br /> notice to the other part�es, specifying that the purpvse of the n��ice is tv change the party's address. For n�tice
<br /> purposes, Trustor agrees to I�e�p Lend�r in#ormed afi all times af Trus�or's �urrent aQdress. lJnless atherwise pro�ided
<br /> or required by law, if there is more than one Trustor, any notice gi�en by Lender to any Trustor is deemed t❑ he notice
<br /> gi�en fio a�l Trustars.
<br /> MISCELLANE�US PRDV[5l�NS. Th�follvwing miscelfaneous pr��isions are a part o�this D��d of Trust:
<br /> Amendments. This Deed of Trust, toge�her wi�h any Rela��d Documents, const�tutes tn� entir� understanding and
<br /> agreement �f th� parties as to the matters set forth in �his Deed of Trust. Na al�eratian of or amendment to this
<br /> Deed of Trust sha[� be e#�ecti�e unless gi�en in writing and signed by the party ar parties sought�� be charged or
<br /> baund by�he alteratian or amendment.
<br /> Annual Repvrts. lf the Property is used �or purpvses o�her than Trustor's residence, Trus�or shall furnish t❑
<br /> Lender, upan reques�, a certified statement o� net op�rating incame recei�ed f�-om the Prvper�y during Trustor's
<br /> pr��ious fiscal year in such form and detaif as Lender shaff requir�. "Net ope�ating incvme" shall mean alf �ash
<br /> r�c�ipts�rom the Proper�y less all cash expenditures made in connection with the operafiion o�th� Property.
<br /> Capt�on Head�ngs. Caption headings in this ❑eed of Trust are �or con�enience purposes only and ar� not ta be
<br /> used�o interpret or de�ine the pro�isions of�this C�eed of Trust.
<br /> Merger. There shall be no merger af the interest ar estate created by this Deed of Trust wifih any other interest or
<br /> estat� �n the Praperty at any time held by or for the benefit of Lender in any ca�acity, without the wri�ten consent
<br /> of L�nder.
<br /> Go►►erning Law, This Deed of Trus# will he g�►rerned by �edera[ iaw app��cable to Lender and, to the ex�ent not
<br /> preempted by#ederal [aw,the laws o�the State of Nebraska without regard to i�s cvrt�li�ts vf law pro�isions. This
<br /> Deed af Trus�t has been accepted by Lender in the 5tate a#Nebraska.
<br /> Ghoice o� Venue. I� there is a lawsui�, Trustor agrees upon Lender's r��u�st t� submit to the jurisdic�ian of �he
<br /> cour#s�f Ha[! County, State of Nebraska.
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