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2� 1 ��3279
<br /> DEED C]F TRUST
<br /> 4�ontinued� Page 6
<br /> performan�e of any inde�tedness or❑bligations secur�d by this ❑eed o�Trust and ta exercise all rights and powers
<br /> under this Deed of Trus�, under the Not�, under any a��he Re�ated Docum�nts, or under any oth�r ag�e�ment or
<br /> any laws naw or hereaf�er in �orce; notwithstanding, some or all o#such indebtedness and abligations secured by
<br /> this Deed of Trus� may now or hereafter he �therwise sscured, whether �y mortgage, deed of trust, pledge, lien,
<br /> assignment ❑r o�herwise, Neither the acceptance o� this Deed o� Trust nor its �nfarcement, whether by caurt
<br /> a�t�on ar pursuan��v the power o� sa�e or oth�r pawers cantained in this Deed of Trus�, shall prejudice or in any
<br /> mann�r affect Trus�ee's or Lender's r�ght �� r�ali�e upvn vr en�vrce any other security now or herea#ter held �y
<br /> Trustee or Lender, i�being agreed that Trustee and Lende�, and each of them, shall be en�itled to en�arce this Deed
<br /> of Trust and any other security now or hereaft�r he�d by Lender or Trus�ee in such arder and manner as they or
<br /> either o� them may in �heir absolute discretion determ�ne. Na r�medy con�erred upon or reser�ed t� Trustee or
<br /> Lender, is intended to be exclusi�e of any other remedy in �his Deed o�Trust o� by law pro�ided or permitted, but
<br /> each shal( be cumulati�e and shall be in additi�n t� e�ery oth�� rem�dy g���n in this Deed of Trust �r n�w or
<br /> hereaft�r ex�sting at law or in equity or by s�a�ute. E�ery pawer or remedy gi�en hy the Note or any of the Re[afied
<br /> Documents to Trustee or Lender vr to which either of th�m may b� otherwise entitled, may be exe�cis�d,
<br /> concurr�nt�y v� independen�ly, �ram time ta time and as often as may be deemed expedient hy Truste� or Lender,
<br /> and either a� them may pursue in�onsistent remedies. Nothing in this De�d o� Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against�he Trustor to�he extent such a�tion �s permitted by
<br /> �aw. Electian by Lender to pursue any remedy shall not exclude pursu�t o� any �ther remedy, and an election to
<br /> make exp�nditures a� to take a�tion to perform an obliga�ion vf Trustor under this De�d of Trust, after Trustor's
<br /> failure�� perform, shal! not affect Lender's right to declare a default and exercise its remedi�s.
<br /> Reques�for Nvti�e. Trustor, an behalf of Trus�or and Lender, hereby requests that a c�py of any Notice of Default
<br /> and a �opy of any Notice nf Sale under this ❑eed of Trus� be mailed �❑ them at the addresses set farth in�he first
<br /> paragraph ofi this Deed o�Trust.
<br /> A#tvrneys' Fees; Exp�nses. I� Lender institutes any suit or action �o enforce any o� the terms vfi �his Deed of
<br /> Trust, Lender shall be ent�t�ed t� reco�er such sum as the court may ad�udge reasonable as atta�neys' �ees a��rial
<br /> and upon any appeal. Vllhethe� or not any court action is in�ol�ed, and to �he extent not prohibited by law, all
<br /> r�asonable expenses Lender incurs that in Lender's opinivn are necessary at any time ��r the p�ot��tion of its
<br /> interest or the enforcement o� its rights sha€� become a part of the Indebtedness payable on demand and sha11 bear
<br /> interest at the Na�e rate from the date o�the expenditur� unt�l repaid. Expenses ca�ered by this paragraph include,
<br /> without limitation, howe�er subject�a any limits under app�€cable law, Lender's attvrneys' �ees and Lender's legal
<br /> expenses, wheth�r or na� �here is a iawsuit, including atta�neys' �ees and expenses far bankruptcy praceedings
<br /> �including e��orts tv modify or�aca�te any automati�stay or injunctian}, appea�s, and any anticipated post-judgment
<br /> colle�tion se��ices, the cos� of searching records, ob�taining title reports �inc�uding fvreclosure reports�, sur�eyors'
<br /> �eports, and appraisal fi�es, ti�le �nsurance, and fiees for th� Trustee, ta �he extent permit�ed by appfica��e law.
<br /> Trus�ar alsa wif� pay any court costs, in addition�o all other sums pra�ided by law.
<br /> Rights o�Trustee. Trust�� shall ha�� all of the rights and du�ies of Lender as set forth in this section.
<br /> P�WERS AND QBLlGATI(3N5 C�F TRUSTEE. The following pro�isions relating to the powers and ob[�gations of Trus�ee
<br /> are part af this Deed of Trust:
<br /> PowQrs v�Trust�e. In addi�ion t❑ all powers of Trust�� aris�ng as a matter of law, Trustee shall ha�e the power t�
<br /> take th� �o���wing actions with respect�� the Property up�n the w��tten request❑f Lender and Trustor: �a� join �n
<br /> preparing and �i�ing a map or plat of the Real Property, including the dedication o� streets or ather righ�s to the
<br /> public; �by join in granting any easement or creating any res�ric�ion on the Reaf Property; and �c� join in any
<br /> subordination ar other agreement a�fecting this Deed of Trust❑r the interest of Lender under this D�ed of Trust.
<br /> Trustee. Trustee shall mee� alf quafifications r�quired �or Trustee under applicable law. 1n addition to the rights
<br /> and remedies set forth abo�e, wi�h respect to ali or any part o� the Praperty, �he Trustee shall ha�e the right to
<br /> fare�lose by notice and sale, and Lender shall ha�e the right to forec�ose hy �udiGia! fore�losure, in either case in
<br /> accardance with and ta the full ex�ent pro�ided by appli�abl� law.
<br /> Successvr Trustee. L�nder, at Lender's op�ivn, may�rom time ta tim� app�int a successor T�ustee to any Trustee
<br /> appointed under �h�s ❑eed o# Trust by an ins�rumen� execu�ed and acknowledged by L�nder and recorded in the
<br /> office af �he r�corder �� Hai� Caunty, State ❑f Nebraska. The instrumen� shall contain, in addition t❑ all o�her
<br /> matters required by state �aw, the names of the vriginal Lender, Trustee, and Trustar, the bovk and page �vr
<br /> computer system reference} where this D�ed v� T�ust is recorded, and the name and address o� �h� succ�ssor
<br /> truste�, and the ins�rumen�shall b��xecuted and acknawled�ed by all the heneficiaries under�his Deed o�Trust or
<br /> their succ�ssors in interest. The success�r trustee, without con�eyanc� o��h� Prflperty, shall su�ceed �a afl the
<br /> title, power, and duties cvn#erred upon the Trustee in this Deed ❑f Trust and by applica#�le law. This procedure fo�
<br /> su�s�i�u�ion af Trustee shall ga�ern ta the ex�lusion of all ❑�her pro�isivns for substitution.
<br /> NQTICES. Any notice required tQ he gi�en under this Deed of Trust, including wi�hout limitati�n any natice af defaul�
<br /> and any notice of sale shall be gi��n in wr�ting, and shall he e�fecti�e when actually deli�ered, when actua��y recei�ed
<br /> by telefacsimi�e �unless v�herwise required by law�, wh�n depas�ted w�th a nationally recogni�ed ❑�ernight courie�, or, if
<br /> mailed, when depasited in the United S�a�es mail, as first ciass, certified ❑r registered mai� postage prepaid, directed ta
<br /> the addresses sh�wn near the beginning �f this Deed of Trust. All copies �f notices of �orec�osure from the hafder o�
<br /> any li�n which has priority o�er this De�d o� Trus� shall he sent to Lender's addr�ss, as shown near the beginning of
<br /> th�s Deed of Trus�. Any party may change its address for notices under this ❑eed of Trust by g��ing formal writ�en
<br /> notice �o �he ather parties, specifying that th� purpase af �he notice is t❑ change the par�y's address. Far na�i�e
<br /> purposes, Trustor agrees to keep Lender informed at al( times ��T�ustor's current addr�ss. lJnless oth�rwise p�Q�ided
<br /> or required by law, if there is more �han �ne Trustor, any notic� gi��n by Lender to any Trustor is deemed to be notice
<br /> g i�e n�o al I Trustors.
<br /> MiSCELLANEDUS PR�VISI(]N5. The�a!lowing miscellaneous prv�isions are a par�of this Deed af Trust:
<br /> Amendments. This ❑eed of Trus�, tngether with any Re�ated Documents, constitutes the entire understanding and
<br /> agreement a�the parties as �o the ma��ers se� forth in this D�ed �f Trust. No a(terat�on of or amendment to this
<br /> Deed of Trust sha!! be e��ecti�e unless gi�en in writing and signed f�y the party or parti�s sought to be charged or
<br /> b�und by the alteratian or amendment.
<br /> Annual Reparts. If �he Property is used �o� purposes a�her than Trustor's residence, Trust�r sha�� furnish to
<br /> Lender, upan request, a certified stat�ment a� net operating incame r�cei�ed #rom the Proper�y dur€ng Trustvr's
<br /> pre��ous fis�al year in su�h form and detail as Lender shal! requi�e. "Net operating income" shall mean al� cash
<br /> r�c�ipts��om the Proper�y less all cash expenditures mad� in conne�tion with the operation af the Prop�rty.
<br /> Captivn Headings. Capfiion headings in this Deed of Trust are for cvn�enien�e purposes only and are not to be
<br /> used to interpr�t or define the pro�isions of�his Deed of Trust.
<br /> Merger. There shall be no merger of the interes�or es�a�e crea�ed �y this Deed ot Trust with any other�nter�st or
<br /> es�a�e in the Property at any time held by or for�he benefit of Lender in any capacity, without the writ�en cons�nt
<br /> of Lender.
<br /> Co�erning Law. This Dsed of Trust will be gv�erned hy federal law appli�able to Lender and, ta the �xtent na#
<br /> preempted hy federa�iaw,�he laws of the Sta�e vf Nebraska wi�hout regard ta i�s conffic#s of�aw pror►isions. This
<br /> Deed v�Trus�has been accep�ed by Lender in the S�ate o#Nebraska.
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