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2� 1 ��2991
<br /> DEED �F TRUST
<br /> �Continued� Page 6
<br /> any laws now or hereafter in forc�; notw�thstanding, some ❑r all of su�h indebtedn�ss and obligations secured by
<br /> this Deed af Trus� may now or herea�t�r be atherwise secured, whe�her by mor�gage, deed af trust, pledge, lien,
<br /> assignment or o�herwise, Ne�ther the acceptance af this ❑eed of Trust nor its en�or�ement, whether by court
<br /> action or pursuant tv th� power ❑� sale ar o�her powers contained in this Deed a�F Trust, shall pre�udice or in any
<br /> manner affect Trusfiee�5 C1T Lender�5 right to realize upon or en�force any other security now ar hereafter held by
<br /> Trustee vr Lender, it be�ng agreed that Trus�ee and Lender, and �a�h o�them, sha�� be entirled to�nforce th�s ❑eed
<br /> of Trus� and any other security now or hereafter held by Lender ❑r Trustee �n such order and manner as th�y ❑r
<br /> either of �hem may �n fiheir ahsolute discreti�n de�ermine. No remedy con�er�ed upan or reser�ed to Trustee or
<br /> Lender, is intended to be exclusi�e �f any flther remedy in this De�d o�Trust or by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shall �e in addition to e�ery other remedy gi�en in this C3eed af Trust or naw or
<br /> hereaf�er existing at faw or in equity or by sta�u�e. E�ery p�wer ar remedy gi�en hy the Note or any�f th� R�lated
<br /> Do�umen�s to Trustee or Lender ar �o whiGh ei�her ❑f them may be �therwise entitled, may be exerc�sed,
<br /> concurrently or independently, from time to time and as often as may be d�em�d expedient by Trustee or L�nder,
<br /> and ei�her �f them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender fram seeking a deficiency judgmen�against the Trustor to the extent su�h action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br /> make expendi�ures or to tak� action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> �fai�ure to perform, shall nat af�ect Lender's righ�to declare a default and exercise its remedies.
<br /> Requ�s#for Nvtice. Trust�r, on behal�of Trustor and Lender, hereby requests that a copy o�any Nv�ice ❑f D�fau�t
<br /> and a capy of any Notice of Sa[e under this ❑eed of Trust be mailed �o them at th� addr�ss�s set forth in�he �First
<br /> paragraph a�this Deed of Trust.
<br /> At�rvrneys` Fees; Expenses. I� Lender inst�tutes any suit or a�tion tv enfvrc� any �f the terms of this Deed o�
<br /> Trust, Lender shall be en�itled ta re�o�er such sum as the caurt may adjudge reasvnable as attorneys' fees a�tria�
<br /> and upon any appeal. Whe�her or not any court action is �n�ol�ed, and to the exten� not prohibited t�y law, all
<br /> reasanable expenses Lender incurs tha� in Lender's vpinion ar� necessary at any time �or the protection �f i�s
<br /> interes�or the enforcement o#its righ�s shall became a part of�he indebtedness payahle on demand and sha�! bear
<br /> interest a��he Note rate�rom th� da�e of the expenditur� until repaid. Expenses co��red by�his paragraph in�iude,
<br /> w�thout limitation, howe�e� subject�o any iimi�s under applicable law, Lender's atto�neys' fees and Lend�r's lega!
<br /> expenses, whe�her or not there �s a lawsuit, including a�ttarneys' fees and expenses �Fo� bankruptcy pro�e�d�ngs
<br /> �inc�uding�fforts�o s�nodify or�acate any autvmatic s�ay or in�un�tian�, appeals, and any ant�cipa�ed pas�-�udgment
<br /> cai��ct�an ser�ices, the cost af search�ng recards, o#�taining title repor�s �including forec�osure reports}, sur��yors'
<br /> reports, and appraisal #e�s, title insurance, and fees for the Trus�ee, to the ext�nt permitted by applicable law.
<br /> Trustor als� will pay any court costs, in add�tion to all ather sums pro�ided by law.
<br /> Rights of Trustee. Trus�ee shall ha�e all a�the r�ghts and duties af Lender as se�forth in this sectian.
<br /> PaVNERS AND qBLiGATI�NS OF TRUSTEE. The foffowing p�o�isions relating to the powers and ob�€gations of Trus�ee
<br /> are par�of�his Deed o�Trust:
<br /> Pawers a�Trustee. In addition to all pawers of Trustee arising as a matter of law, Trustee shall ha��the pawer to
<br /> take rhe fvllowing actions with respect to the Proper�y upon the written request o� Lender and Trust�r: �a} jain in
<br /> preparing and filing a map or plat vf the Real Proper�y, including the dedicat�on of streets or o�her rights ta the
<br /> pub�ic; �b} join in granting any easement or creating any restri�tion on the Reaf Property; and �Cy join in any
<br /> suhordination or other agreement affecting this ❑eed of Trust or the int�rest�f Lender und�r this ❑eed of Trust.
<br /> Trustee. Trustee shall mee� afl quafificat�ons required #or Trustee under applicable law. In addition to the rights
<br /> and remed�es set forth aba�e, with resp�ct to ai� ❑r any part o� the Proper�y, the Trustee sha1� ha�e the right to
<br /> fareclose hy notice and sale, and Lender shall ha�� �he right �❑ foreclase by judicial �orecl�sure, in either case in
<br /> accordance with and to the full exten�pro�ided by appli�able law.
<br /> Su�cessor Trustee. Lende�, at Lender's op�ion, may�rom time tv time appa�nt a successor Trustee to any Trustee
<br /> appointed under this Deed o� Trust by an instrument execu��d and acknowledg�d by Lender and rec�rd�d �n the
<br /> o��ice o� the recorder �f Half County, State of Ne#�raska. The instrumen� shalf contain, in addition to all other
<br /> matt�rs requi�ed hy sta�e law, �he names o� th� or�ginal Lender, Trustee, and Trustor, the hook and page �or
<br /> cvmputer system reference� where this D��d of Trust is re�arded, and the name and address a� the successor
<br /> trustee, and �he instrument shall be executed and acknvrrvledged by ai�the beneficiaries under-�his Deed a�Trust or
<br /> �hei� suc�essors in interest. The successar trustee, withou� �on�eyance v� �he Praperty, shall succ�ed �v a�l the
<br /> tit�e, power, and du�ies conferred upon the Trustee in this De�d of Trust and I�y appl��ahle law. This pr�cedure for
<br /> su�stitut�on of Trus�ee shall go��rn ta the exc�usion a�all other pra�isions for substitution,
<br /> N�T[CES, Any natice required �o be gi�en und�r this D�ed ❑�Trust, including wi�hout limi�ation any notice of default
<br /> and any natice ofi sale shall he gi�en in wri�ing, and shail be e�f�ct��e when actually deli�ered, when actually receiWed
<br /> hy telefacsimile �unless otherwise required �y lawy, rrvhen deposited with a nat�onally recogni�ed o�ernight cour�er, ❑r, if
<br /> mailed, when deposi�ed in the United 5tates mail, as first class, certified or registered mai! pflstage prepaid, direct�d to
<br /> the addresses shown near the beginning o�this ❑eed of Trust. All copies of noti�es o��oreclosure from �he h�ld�r o�
<br /> any lien which has priority o�er this Deed o�T�usfi shall be sent to Lender`s address, as shown near the beginning ❑�
<br /> this Deed ❑t Trust. Any party may chang� its address for natices under this Deed of Trust by gi�ing farmal written
<br /> notice to fihe �th�r pa�ties, specifying that the purpose a� th� notic� is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Trusta�'s cu�rent address. Unless otherw�s� pro�ided
<br /> or required by law, if there �s mare than one Trus�or, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> g��en to all Trustors.
<br /> IVIISCELLANE�US PR�VISIaNS. The following miscellaneous pro�isivns are a part o�this ❑eed of Trus�:
<br /> Amendments. This Deed o�Trust, '�ogethe�with any Related Documen�s, canstitutes th� ent+re und�rs�anding and
<br /> agreement o�the parties as �o the matters set �arth �n this Deed of Trust. Na altera�ion af or amendment to �his
<br /> ❑��d of Trust shall be effec�i�e unless gi�en in writing and signed by the par�y or par�ies sought�o be charged or
<br /> bvund by the a�teration or amendmen�.
<br /> Annual Repor#s. If the Property is used for purpvses other than Trustor's r�sid�nce, Trus�ar shafl furn�sh to
<br /> L�nde�, upan request, a certi��ed statemenfi of net operating income recei�ed �rom th� Property during Trustor's
<br /> pre�ious fiscal year in such form and detai� as Lender shall require. "Net operating incam�" shall mean all cash
<br /> re�eipts�rom the Proper�y less all cash expenditures made in connection with fihe aperation o�th� Proper�y.
<br /> Caption Headings. Captian h�adings in this Deed of Trust are for con�enience purposes only and ar� not to be
<br /> used�o interpret or defin��he pro�isions of this Deed o�Trust.
<br /> Me�ger. There sha11 be nv merger of th� inter�st or estate created by this Deed nf Trus�wi�h any other interest or
<br /> estate in�h� Prope�ty at any time held by or far�h� b�ne�it of L�nde� in any capacity, wi�hout th� written �vnsen�
<br /> af Lender.
<br /> Gv�erning Law. Th�s Deed of Trust will be go�e�ned hy federal law appficahfe �❑ Lende� and, to the exten# not
<br /> preempted by�edera�law,�he laws v�the S�a�e vf Nebraska without regard�o its contiicts of iaw prn►risions. This
<br /> Deed o#Trus�has been accepted by Lender in�he 5tate af Nebraska.
<br /> Choice o� Venue. If there �s a lawsuit, Trustor agrees upon Lender's request to su�mit to �he jurisdiction of the
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