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<br /> DEED DF TF�UST
<br /> ��ontinued� Page 6
<br /> assignment ar otherwise. Neither the a�ceptan�e of this Deed of Trust nor its enforcement, whether by cour�
<br /> action or pursuant to the power vf sale o� other powers cnntained in this Deed o#Trust. shal! prejudice vr in any
<br /> mann�� affect Trustee's or Lender's righ# �to realize upon ar enforce any other security now or hereafter held by
<br /> Trust��or L�nder, it being agr�ed that Trustee and Lender, and each af them.shall be entitied tv enf�rce this Deed
<br /> af Trust and any othe� security now or hereaft�r held by Lender vr Trus�ee in such vrder and manner as they or
<br /> either ❑f them may in their absolute dis�r�tian determEne. Nv remedy cvnferred upan ar r�served to Trust�e or
<br /> Lender, is int�nded to be exclusi�e af any ❑ther remedy in this Deed vf Trust ar by �aw pravided or permitted, but
<br /> �ach shall be cumuiatiWe and shall be �n addition to every other remedy gi�en in �this Deed vf Trust or now or
<br /> hereafiter existing at�aw ar in equity or by statute. E�ery power o�remedy gi�en�y the Note or any of the Retated
<br /> avcuments ta Trustee ar Lend�r �r to which either ❑f them may be o�herw�se entitled, may be exercised,
<br /> concurr�ntly or independen�tly, from time ta time and as often as may be deemed expedient!ay Trustee or Lende�,
<br /> and either of th�m may pursue inconsistent remed�es. IVathing in this De�d of Trust shall be �anstrued as
<br /> prahibiting Lender fram seeking a deficiency judgment against the Trus�flr tv the extent such ac�ion is permitted hy
<br /> law. Elec�ion by Lender to pursue any remedy shall n�t exclude pursuit of any other remedy, and an election ta
<br /> make expenditures ar to take activn t� perform an obligation of Trustor under �his Deed of Trust, after Trustor's
<br /> failure�o perform, shali not a��e�t L�nder's right ta declare a defau�t and exer�ise its remedies.
<br /> Request#or Nvtice. Trust�r, on behalf of Trustor and Lender, hereby requests that a�opy vf any N�tice vf�efault
<br /> and a copy of any 1Votice ofi Sale under this Deed vf Trust be mailed ta them at the add�-esses se�forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attarneys' Fees: Expenses. �f Lender institut�s any suit or action tv enforce any of the terms o� th�s Deed Qf
<br /> Trusfi, Lender shail �e entitl�d ta reco�er such sum as the cour�may adjudg� r�asonable as at�orneys' �ees at trial
<br /> and upon any app�ai. Whether ar nv� any cvurt action is invvi�ed, and �to #h� ex�ent nat prohibited by law, a�l
<br /> reasonab{e expenses Lende� incurs that in Lender's opinion are necessary at any time for the protect�on of its
<br /> interest or the enforcement�f its rights shail b�come a part of the Indebtedness payable vn demand and shall bear
<br /> interest at the Nvte rate�rom the date of�he�xpenditur� until repaid. Expenses c��ered by this paragraph include,
<br /> withaut limitati�n, h�we�er suhject t� any limits unde�r applicak�ie law, Lender`s at#arneys' fees and Lender's legai
<br /> expenses, whether ❑r not there is a lawsuit. including attorneys' fiees and expenses for bankruptcy prviceedings
<br /> �inciuding effvr�s tv madify or vacate any automatic s�ay or injunctivny� appeals, and any anti�ipated pvst-judgm�n�
<br /> collecti�n se��ices. the cast❑f searching records. obtaining ti�le repvrts ��ncluding foreclosure repor�s�, sur�ey�rs'
<br /> repvrts. and appra�sal fees. title insurance, and fees for the Trustee, to the �x#ent permitted by app�icable lav►r.
<br /> Trustor aiso wE�! pay any court costs, in addi#ivn tv all vther sums pro�ided by law.
<br /> Righ#s af Trus�tee. Trust��shall have all of the rights and duties❑f Lender as set forth in this sect�on.
<br /> P�II�ERS AND �BLIGATI�NS �F TRUSTEE. The fv[I�w�ng pra�isions r�lat�ng to the powers and obligations of Trustee
<br /> are part vf this Deed of Trus�:
<br /> Powers af Trustee. In addE#ion t❑ all powers of Trustee arising as a matter vf iaw, Trustee shall have the pvv►►er to
<br /> take the fivllowing actians with respec�t�the Property upon the written request of L�nder and Trustor: �a� �o�n in
<br /> preparing and filing a map or plat af the Rea[ Property, in�luding the dedication o� streets vr other righ�s to the
<br /> pub{ic; �b} jvin in granting any easement vr creating any restriGtEvn on the Real Prvp���y; and tcf join in any
<br /> subordinatEan or�ther agreement affecting�h�s Deed a�T�-ust or the in�erest of Lender under this ❑eed of Trust.
<br /> Trustee. Trustee shall meet a�l qualifications required f�r Trustee under appiica�a�e law. In addition to the rights
<br /> and remedies set farth abo�e, wi�h respect to all or any par� o� the Property� the Trust�e sha!! ha�e the right to
<br /> fare�lase by nvtice and sale, and Lender shal� ha�e the right t❑ foreclose by judiciai #ar�clnsure, in either case in
<br /> a�cordance with and to�he full ex�ent prv�ided by applicabl��av►r.
<br /> Successvr T�ustee. Lender. at Lender's optivn, may from time ta time appoint a su��essar Trustee t� any Trustee
<br /> appoint�d under fihis Deed ❑# Trust by an �nstrument �xe�uted and acknowledged hy Lender and recvrd�d �n the �
<br /> office of the recorder of Hall County, State vf Nebraska. The instrumen� sha11 c�ntain, in addition to aii other
<br /> mat�ters requEred by state Eaw, the names vf the ❑riginai Lender, Trustee, and Trustor, the book and page �vr.
<br /> computer system referen�e} ►rvher� this Deed o# Trust is recvrded, and the name and address of the successor
<br /> trustee, and the ins�rument shail be exe�uted and acknowledged by all the beneficiaries und�r th�s Deed o�Trust vr
<br /> their:successors in interest. Th� succ�ssor trustee, with�ut �on�eyance af the Property, shall succeed t❑ alf �he
<br /> title, power, and duties can#erred upon the Trustee in this Deed a�Trust and by applicable law. This procedure�or
<br /> substitution of Trusfie�shall go�ern to the�x�lusion of all other pro�isi�ns for substitution.
<br /> N�TICES. Any nvtice required to �e gi�en under this aeed ofi Trust, including without lim�tation any nvtice o�defaul�
<br /> and any notice of sale shall be gi�en in writing, and sha�l be eff�cti�e when actually delivered, when actually recei�ed
<br /> by�elefacsimile 4un�ess a�herwise required by lawy. when deposited w��h a nationally recognized avernigh�courie�, �r, if
<br /> maiied, when deposited in the United S�ates mail, �5 �II'S�C�ciSS. cert���ed or registered mai! postaga prepaid, direc'ted to
<br /> the addr�sses shown near the beginning of this Deed vf Trust. Ali cnpies of notices vf for�closure from the ho�der a�f
<br /> any lien whi�h has priority v�er this Deed of Trust shall he sent tv Lender's address, as shown near the beginning �f
<br /> this ❑eed af Trust. Any party may change its address fvr notices under this Deed of Trust by giving formal written
<br /> notic� to the other parties, spec�fying that the purpvs� v'f �he no#i�e is to change the party's address. For notic�
<br /> purpases, Trus�ar agrees�v keep Lender inform�d at al! tim�s af Trus#or's current address. �niess atherwise pro�id�d
<br /> o� �equired by law, i�there is mare than one Trustor, any nvtice g�ven by Lender to any Trustor is deemed to be nati�e
<br /> gi�:en to al!Trustors.
<br /> MISCELLANE�US PR�V151�N5. The fal�aw�ng miscel�aneous prv�isions are a part of this Qeed o�Trust:
<br /> Amendments. This ❑eed of Trust, tog�ther with any Related Dv�uments, constitutes�the entire understanding and
<br /> agre�ment o�the parties as t❑ the matters set for�h in this Deed af Trust. No alteration vf or amendm�nt to #his
<br /> Deed o#Trust shal! be effecti�e unless gi�en in wri�ing and signed by the party or parties sought#fl be �harged vr
<br /> bound by th�afteratian ar amendmen�t.
<br /> Annual Reparts. lf the Property is used for purposes other than Trustor's residence� Trustor shail 'furnish #v
<br /> Lender, upon request. a certified statement of net operating Encome received frvm �he Prvperty during Trus�ar`s
<br /> pre�i�us fiscal year in such fvrm and detail as Lender shall require, "Net operating incom�" shall mean al! cash
<br /> receiQts frQm the Property less alf cash expenditures mad�in�onnectivn with the operatian of the Property.
<br /> Caption Headings. Caption headings in this CJeed o�F Trust are �ar conWenience pu�pases only and are n�� tfl be
<br /> used ta interpret or def�ne the proWis�ons❑f this Deed vf Trust. �
<br /> �Illerger. There sha[I be no merger vf the interest or estate �reated by this Deed of Trust with any❑the�infierest or
<br /> esta�� in the Praperty at any tim� hefd by ❑r far#he benef�t af Lender in any capacity, v�►ithvut the wr�tten �onsent
<br /> o�Lender.
<br /> Go�erning Law. This �eed of Trust will be gaverned �y federal �aw appiicable to Lender and, to #he �xtent not
<br /> preemp#ed by fed�ral�aw,the laws of the State of Nebraska withaut rsgard to its cvn���cts o�law prov�s�ons. This
<br /> Deed of Trust has been accepted by Lender in the S#ate of Nebraska.
<br /> Chvice o�F Venue. lf there is a lawsu��, Trustvr agrees upon Lender's request tv subm�t to #he jurisdi�tion a��he
<br /> caurts of Ha[l County, Sta�e vf Nebraska.
<br /> Joint and Se�eral Liability. All abligations af Trusta� under this ❑��d ofi Trust shall be ja�nt and several, and al1
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