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. 2� 1 ��2119
<br /> . DEED �F TRUST
<br /> Loan No: S'10'1�834 �C�ntlnued} � Page �
<br /> Do�uments to Trus#ee or Lender ar ta which either vf them may be otherwise entitled, may be exer�'rsed,
<br /> concurrently or independently,from time to tirne and as of#en as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nathing in this Deed ❑f Trust shafl �e construed as
<br /> prahibitin� Lender�ram seeking a deficiency judgment against the Trustor to the extent such action is permit�ed by
<br /> law. Election �y Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an elect�on ta
<br /> make expendi#u�es or t❑ take action #o perform an obfigation of Trus#vr under this Deed of Trust, after Trustor's
<br /> � fai�ure to perfvrm,shall not affect Lender's right ta declare a default and exercise i#s remedies.
<br /> Request for Notice. Trustor, an behalf af Trustor and Lender, hereby requ�s#s that a capy�f any Natice of Default
<br /> and a cvpy of any Notice of 5ale under this [3eed of Trust be mai�ed to them at the addresses set forth �n the first
<br /> paragraph of this❑eed❑f Trust. �
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ar action to enfvrce any of the terms ❑f this Deed of
<br /> Trust, Lender shall be ent'rtled to recover such sum as the court may adjudge reasanab�e as a�torn�ys'fees at tria�
<br /> and upon any appeal. V1lhether or no# any court activn is involved, and #o the extent not prahibited by faw, all
<br /> reas�nable expenses Lender incurs that in Lender's opinion are necessary.at any �ime for the protection of its
<br /> �nterest ar the enfarcement af its rights shall become a part vf the �ndebtedness payahle on demand and shall bear
<br /> interest at the Note rate f�om the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> w�thau#limitation, howe�er su�ject to any limits under applicabl� �aw, Lender's attorn�ys'fees and Lender's legal
<br /> expenses, whether or nat the�e is a lawsuit, including attorneys' fees and expenses for bankruptcy prviceedings
<br /> �including effvrts to modify or�acate any automatic stay❑r injunction}, appeals,and any anticipated post-judgment
<br /> callectian services, the cost of searching re�ords, obtaining title repvrts �including.foreclasure rsparts}, surveyors'
<br /> reparks, and appraisal fees, title insurance, and fees far the Trustee, to the extent permitted by applicab�e law.
<br /> Trustor alsa will pay any court costs, in addi#ivn to all vther sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in th�s section.
<br /> P[�VIIERS AND �BLI�ATIDNS 4F TRUSTEE. The f�llowing pra�isions relating tv the pawers and obligations of Trustee
<br /> are part vf this Qeed af Trust:
<br /> Powers of Trustee. In additian ta a��powers af Trustee arising as a matter❑f law, Trustee shal! hav�the power to
<br /> take the#ollowing activns with respect to the Proper#y upon the written request vf Lender and Trustor: {a}join in
<br /> preparing and filing a map or �lat af the Real Property, including the dedication o� streefs ar o#her rights to the
<br /> public; �b} jotn in granting any easement ar creating any restrictian an the Real Property; and �c} jain in any
<br /> subardinatir�n or o#her agreement affecting this Deed of Trust ar the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet al! qualifications required far Trustee under app�icable law. In addition t� the rights
<br /> and �emedies set farth abo�e, wi#h respect to aif ar any par� of the Property, the Trustee shal� have th� right#v
<br /> fvreclose by nvtice and sale, and Lender sha�l have the right tv forec�ose by judicial foreclosure, in either case in
<br /> accordance with and to the fu11 extent prv�ided by applicable law.
<br /> 5uccessor Trustee. Lender, at Lender's optivn, may fram time to time appoint a successor Trustee ta any Trustee
<br /> appointed under this C]eed of T�ust by an instrument exe�uted an� acknowledged by Lender and recorded in the
<br /> office ❑f the recorder of Ha11 Cvunty, 5tate of Nebraska. The instrument shall contain, in additi�n t❑ all other
<br /> matte�s requi�ed by state law, #he names of the original Lender, Trustee, and Trus#vr, the �ook and page ��r
<br /> computer system referen�e} where this Deed �f Trust is recvrded, and the name and address of the successar
<br /> trustee, and the instrument shall be executed and acknvwledged by all the�eneficiaries under this C]eed�f Trust or
<br /> the�r successors in interest. The successvr trustee, withaut conveyance of the Prvperty, shall succeed t� all the
<br /> title, power, and duties conferred upvn the Trustee in this ❑eed of Trust and by app�icable law. This prvicedure far
<br /> substitution of Trustee sha!!gavern to the exclusion vf all other provisions for substit�,tion.
<br /> NQTI�ES. Any notics required to be gi�en under this Deed af Trust, including w�thout limitation any natice of default
<br /> and any notice o�sale shall be given in writing, and shall be effective when actually delivered, when actually recei�ed
<br /> by telefacsimile 4unless atherwise required by law},when deposited with a natianaliy recvgnized o�ernight c�urier, or, if
<br /> mailed, when depasited in the lJni#ed States maEl, as first class, certified or registered mail postage prepaid, direct�d tv
<br /> the addresses shown near the beginning vf this ❑eed of Trust. All �apies ❑f natices af fore�l�su�e f�vm the hoider af
<br /> any lien which has priority a�er this Qeed ❑f Trus# shall be sent t� Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change its address far n�tices under this Deed of Trust by giv�ng formal written
<br /> notice #v the other parties, specify�ng that the purpose of the nvti�e is ta chang� the party's address. For noti�e
<br /> pur�oses} Trustar agrees ta keep Lender informed at all times of Trustor's current address. Unless othenrvise�ro��ded
<br /> or required by law, if there is more than one Trustor, any noti�e given by Lender to any Trustor is deemed to be notice
<br /> gi�en to all Trustvrs.
<br /> NDN-RECQURSE �ANGVAGE. Notw�thstanding anything to the contrary in this dacument, the pramissory note, #he
<br /> deed of t�ust, �nvir�nmentai indemnity agreement, if any, ar any ather Ioan document �co�lecti�e�y, the "Dvcuments"},
<br /> by acceptance of this instrument, Lender hereby wai�es any right to❑btain a mvney judgment or equitable relief against
<br /> Perkins Delaware II, LLC and any and all members, shareholders, partners and emplvyees o�Perkins Qelaware ��, L�C,
<br /> whether t�y an action brought upon this �o�ument or any other ❑ocument, qr an action brought �or a deficiency
<br /> judgment against Perkins ❑elaware I!, LLC andlar the members, shareholders, partners and employees �f Perkins
<br /> Delawa�e II, LL�, and agrees that the extent of�iability on the part of su�h parties with respect t❑this document or any
<br /> ather pocument is and shall for af� purposes be limited to the interest of Perkins �elaware I!, LLC in the Praperty,
<br /> ineluding policies vf ha�ard insurance on the Property and any proceeds thereaf and any award of damages an ac�vun#
<br /> o�condemnation for public use of the Property, Lender agreeing to Ivok sale�y to Perkins Delaware II, LLC 5 interest in
<br /> the Property and such insurance .palieies and candemnation awards in satisfa�tivn of af1 nbligations.The terms of this
<br /> paragraph shall supersede any and ali other terms and conditivns herein or in any Do�ument.
<br /> M15CELLANEDUS PR4Vl51�NS. The following miscellaneous provisions are a part of this Deed af Trust:
<br /> Amendments. This Deed of Trust,together with any Reiated Dv�uments, constitutes the entire understand�ng and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. Nv alteration af ar amendment to this
<br /> �]eed of Trust shal� be effecti�e unless given in writing and signed �y the party o�parties svught to be charged ❑r
<br /> bvund by the alteratian or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustar's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating incvm� recei�ed �rom the Property during Trustor's
<br /> pre��vus fiscal year in such fvrm and detail as Lender shall require. "Net operating income" shal! mean all cash
<br /> re�eipts from the Praperty less a!�Gash expenditures mad�in connection wi#h#he operativn o�the Property.
<br /> Caption Headings. Cap#ivn headings in this Deed af Trust are fvr cvnvenience purposes ❑nly and are not to be
<br /> used to interpret❑r define the Qro�isions af this❑eed❑f Trust.
<br /> Merger. There shal�be no merger af the interest vr estate created by this Deed of Trus#with any other interest ar
<br /> estate in the Proper#y at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Gv�erning Law. This I]eed of Trust will �e go�erned by federal law applicable to Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska with�ut regard tv its con#licts of law pro�isions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
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