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2� 1 ��228�
<br /> DEE� �F TRUST
<br /> {��nt�nued� Pa�e 6
<br /> action o� pursuant t❑ the power of sale or oth�r powers �onta�ned in this Deed vf Trust, shall prejudice ar in any
<br /> manner af�ect Truste�'s or Lender's right to rea[ize upo� or en�orce any other securi�y now or hereaft�r held by
<br /> Trustee or L�nder, it being agreed that Trust�� and Lende�, and each of them, shall be entitled to enfo�ce this Deed
<br /> of Trust and any other securi�y now or hereaft�r hefd by L�nd�� �r Trusfiee in su�h vrder and manner as they ar
<br /> either of them may in �heir absolute discretivn det�rmin�. No remedy �onfierred upon or reser��d to Trustee ❑r
<br /> Lender, is intended to �e exclusi�e of any other remedy in this Deed vf Trust or by faw pro�ided or pe�mit�ed, but
<br /> each shall h� cumula�i�e and shalf he in addit�an to e�ery other remedy gi�en in �his Deed vf Trust ❑r naw ❑r
<br /> hereafter existing at law or in equity or by statute. E�ery power or remedy gi�en by�he No�e❑r any of the Relafi�d
<br /> DaCuments t❑ Trustee or Lender or t❑ wh�ch eith�r o� them may be vtherwise en�itled, may �e exercised,
<br /> cvncurrent�y or independen�ly, �ram time to time and as o�t�n as may be deemed expedient by Trustee or Lender,
<br /> and either o� them may pursue inconsistent remedies. Nothing in this Deed of Trus� shall be construed as
<br /> prohibiting Lender frvm seeking a deficien�y judgment a�ainst the Trustor ta the ex�ent such action is permitted �y
<br /> law, Election by Lender �o pursue any rem�dy shal[ not exclude pursuit fl� any other remedy, and an electivn to
<br /> make expenditures or to take a�tion tv perfvrm an �bligation of Trusto� under this Deed of Trust, after Trustor�5
<br /> �ailure to p�rform, shall no�affect Lender's right to dec(are a default and exercise its remedies.
<br /> Request for Notice. Trustor, on hehalf of Trust�r and L�nd�r, h�re�y requests that a copy of any Not�ce v�Default
<br /> and a �apy af any Natice of Sale under this Deed of Trust be mailed ta them at the addresses set forth in the first
<br /> paragraph of th�s Deed vf Trus�.
<br /> Attvrneys' Fees: Expenses. If Lender institutes any suit or action to en�orce any of the �erms vf this Deed ❑�
<br /> Trus�, Lender sha�� be entitled to re�o�er su�h sum as the c�urt may adjudge reasonable as a��orneys' tees at trial
<br /> and upon any appeal. Whether or no� any cour� act'ron is in�o��ed, and to th� extent nat prohibi#ed �y faw, all
<br /> reasanable expenses Lender incurs tha� in Lender's vp�nion are necessary at any �ime for the prote��ion of its
<br /> interes�or the enforcem�nt of its righ�s shall be�ome a part❑f the lndebtedness payahfe on demand and shall bear
<br /> interes�a�the N�t� rate#ram the date of�he expendi�ure untif repaid. Expenses co��red by this paragraph include,
<br /> w��hout fimitation, how���r su�ject to any [imi�s under applicable �aw, Lender's atto�neys' fees and Lend�r's legal
<br /> expenses, whether ❑r not there is a lawsuit, including a�'�orneys' fees and expenses �or bankrup�cy pro�eedings
<br /> �inciuding efforts to mod€�y or�acate any autama�ic stay or injunctiony, appea[s, and any ant+cipated post��udgment
<br /> co�l�ct�on ser�i�es, the c�st o�searching records, ob�aining �i�le reparts �including �oreciosure repor�s�, sur�eyors'
<br /> reparts, and appraisal fees, t€t�� insurance, and fees for the Trustee, tv the �xtent permitted by applicable law.
<br /> Trust�r also will pay any caurt costs, in addition to a��vther sums pro�ided by law.
<br /> Rights of Trustee. Trus�ee shall ha�e a[[of the rights and dut�es of Lender as se�for�h in this s�ction.
<br /> P�WERS AND �BLIGATIDNS ❑F TRUSTEE. The f�[[owing pro�isions relating to the powers and obf'rgations o�Trustee
<br /> are par�of�his Deed o�Trust:
<br /> Pvwers❑�Trustee. In add�tion to all powers of Trustee arising as a matt�r v�law, Trustee shall ha�e the power to
<br /> take the fallowing actions with respec��o�he Property up�n the wr€tten requ�st v# Lender and Trustvr: �a} join in
<br /> preparing and fi[ing a map vr p�at of the Real Property, including the d�dicatian vf streets vr o�her rights to �he
<br /> public; �b� join in granting any easement or �reating any restriCtivn vn the Rea� Property; and ��} join in any
<br /> subordinativn or other agreement af�ecting this Deed of Trus�or the in��rest of Lender under this D�ed of Trust.
<br /> Trus#ee. Trustee shall mee� all qualifications required �or Trustee under applicable law. ln addit�on t❑ �he rights
<br /> and remedies set #arth abo�e, with respect to aff or any pa�t a� the Property, �he Trustee shal� ha�e the right tv
<br /> foreclose by notice and sale, and Lender shall ha�e the right �a forec�ose by judicial foreclosure, in either case in
<br /> accardance with and tv the#ull�xtent pra�ided by appli�able law.
<br /> Successor Trustee. Lender, at Lender's �p�ian, may�rom tim�to time ap�oint a successor Trustee to any Trustee
<br /> appo�nted under this Deed �� Trust by an instrument execu�ed and a�knorrvledged by Lender and recvrded in the
<br /> offi�e o� the re�order a� Hal� County, 5ta�e o� Nebraska. The ins�rument shall c�nta�n, in additivn �o all other
<br /> matters required by s�ate law, th� nam�s o� the orig�nal Lender, Trus�ee, and Trustor, the bvok and page 4or
<br /> computer system referencey where th�s Deed o� Trust is recorded, and the name and addr�ss o� the successar
<br /> trustee, and the instrumen�shall be exe�uted and acknowledged by all the beneficiaries under th�s Deed ofi Trus�❑r
<br /> their successors in interest. The successor trustee, without con�eyance o� the Property, shall succeed to all th�
<br /> ti�le, pvwer, and dufiies conferred upon the Trustee in this Deed o�Trust and by applicable �aw. This procedure �or
<br /> su#�sti�u�ion of Trustee shall gv�ern t��he exclusion nf aff ❑ther pro��sions for suhstitu�ian.
<br /> NOTiCES. Any notice requ�red to be gi�en under this Deed of Trust, including without limita�ian any notice a�default
<br /> and any notice ❑f sale shall be gi�en €n wrifiing, and shall be effecti�e when actualfy deli�ered, when actually r�ce€�ed
<br /> by telefacsimile �unless o�herwise requir�d hy iawy, when d�posited with a na�i�nally recognized v�ernight cvurier, or, if
<br /> mailed, when deposited in �he United S�a�es mail, as first c�ass, cert���ed or registered mail postage prepaid, direc�ed �o
<br /> �he addresses shown n�ar the beginning of this Deed of Trust. A�� cap€es o� not�ces v� foreclosure from the halder af
<br /> any I�en whi�h has priority a�er this Deed �f Trust shall be sent to Lend�r's address, as shvwn near �khe beginning of
<br /> this De�d of Trus�. Any party may change its address �or no�ices und�r this D��d o� Trust by gi�ing �orma[ written
<br /> noti�� t� �he vther parties, specifying �hat �he purpos� ❑f the no�ice is tv change the party's address. Fvr natice
<br /> purposes, Trustor agrees t❑ ke�p Lender in��rmed at a�� fiimes vf Trus�vr's curren�address. Un[�ss atherwise pro�ided
<br /> or required by �aw, i-�ther� is mare than one Trustor, any notice gi�en by Lender�o any Trustar is deemed to be noti�e
<br /> gi�en�o all Trustors.
<br /> NliSCELLANEDUS PRQV15i�NS. The fallowing miscellaneous prv�isions are a part of this Deed of Trust:
<br /> Amendments. This De�d o�Trust, together with any Rela�ed Do�uments, constitutes the ent�re understanding and
<br /> agreem�nt o�the par�ies as to the matt�rs set �orth in this Deed of Trust. Nv af#eration a�or amendmen�tv this
<br /> Deed vf T�ust sha�1 be effecti�e unless gi�en in writing a�d s�gned by the par�y or parties sought to be charged or
<br /> bvund by the a�t�ration o�amendment.
<br /> Annual Repvrts. if the Property is used fvr purpases other than Trustvr's residence, Trus�or shall �urnish to
<br /> Lender, upon request, a c�rtifEed statement of n�t opera�ing income recei�ed from the P�roper�y during Trustor's
<br /> pre�iaus fiscal year in such form and detai� as Lender shall require. "Ne� operating income" shall mean afl cash
<br /> receipts trom�he Proper�y I�ss all cash expenditures made in conne�tian with�he operatian o�the Praperty.
<br /> Caption Headings. Cap�ion headings in this Deed o� Trust are for c�n�enience purposes only and are nvt to be
<br /> used to interpret flr define the pro�isions�f this Deed o�Trust.
<br /> Merger. There shall be nv merger of the �nterest or estate c�eat�d by this Deed of Trus�wi�h any other interes�or
<br /> esta�e in�he Pr�perty at any time held hy vr fvr the benefiit of Lend�r in any capacity, without the written cvnsen�
<br /> o�Lender.
<br /> �o��rning Law. This Deed of Trusfi wil! be go�erned hy federa[ law appiicable tv Lender and, to the ex#ent na�
<br /> preempted by federa�law,the laws o�the State a�Nebraska without regard�o its conflicts of!aw pro�`rsivns. This
<br /> Deed of Trust has been acC�pted by Lender in�he S�ate of Nebraska.
<br /> Choice of Venue. If ther� is a lawsuit, Trustor agrees upon Lender's request to submit to the �urisdiction o� fihe
<br /> courts o�Hall Caunty, 5tate af Nehraska.
<br /> No Vllai�er by Lender. Lender sha€� nat be deemed to haue wai�ed any rights under th€s Deed of Trust unless such
<br /> wai�er is gi�en in writing and sign�d by Lender. No delay or omission on the part o�Lender in exercising any right
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