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2� 1 ��33��
<br /> DEED �F TRUST
<br /> ��ontinued� Pa�e �
<br /> Remedies Not Ex�lusi►►e. Trustee and Lender, and each �� them, shal� be entitled �o enf�rce payment and
<br /> per�orman�e of any indebtedness or obliga�ions secured by this Deed o�Trust and to exercise all rights and pawers
<br /> under this ❑eed a� Trust, under the No�e, under any of th� Related �o�uments, ❑r under any other ag�eemen� or
<br /> any �aws now or hereafter in �arce; no�withstanding, some or a!i ❑�f such indebtedness and obligations secured �y
<br /> this Deed of Trust may now or hereaft�r be otherwise se�ured, whether hy mor�gage, deed o� firust, pledge, lien,
<br /> assignment or otherwise. Neither �he acceptance o� this Deed af Trus� nor its enforcement, whether by court
<br /> action vr pursuant to �he powsr of sale or other paw�rs can�ained in �his Deed of Trust, shal! prejudice or in any
<br /> manner a��ect Trus�ee's or L�nder's right to reali�e upon �r enforce any ❑�h�r s�curity now ar hereaf�er held by
<br /> Trustee❑r Lender, i�being agreed that Trustee and Lender, and �ach of�hem, shalf be ent�t�ed t❑ enforce this D�ed
<br /> ot Trusfi and any ��her s�curity now or hereafter held by �ender �r Trust�e in such order and manner as they or
<br /> eith�r ❑� them may in their ahso�ute discretion de�ermine. No r�:medy conferred upon or reser�ed �o Trust�e ❑r
<br /> Lender, is in�ended �o be exc�usi�e o� any �ther remedy in this ❑eed �f Trust or by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shali be in addition to e�ery ❑ther remedy gi�en in this Deed of Trust or now or
<br /> hereafter existing at�aw or in equity or by s�atute. E��ry p�w�r or remedy�i�en by the Note or any o�the Rela�ed
<br /> Dacuments to Trustee or Lender or �v which either o� them may be fltherwise enti�led, may be exercised,
<br /> concurrently or independently, �rom time ta time and as often as may be deemed expedien� t�y Trustee or Lender,
<br /> and ei�her. of them may pursue incansis�ent remedies. Nathing in this Deed af Trust shall be construed as
<br /> prohibiting Lender from seeking a defici�ncy judgment against the T�ustor to the extent such ac�ian is permitted by
<br /> law. Elec�ion by Lend�r to pursue any remedy shall nnt exclude pursuit of any other remedy, and an election to
<br /> make expenditures �r ta fiake action �o per�orm an obligati�n o� Trustor under this aeed of Trust, a�t�r Trustor's
<br /> fa��ure to perform, sha�� not a�fect Lender's right�a declare a defauft and exerc�se its remedies.
<br /> Request fvr Noti�e. Trustor, on behalf of Trus�or and Lend�r, hereby requests that a copy of any Notice o� Default
<br /> and a copy o�f any N�tic� of 5ale under�his Deed of Trust be mailed t� them at�h� addresses se�forth €n the �irst
<br /> paragraph of�his Deed o�T�ust.
<br /> Attorneys' Fees: Expenses. If Lender ins�itutes any suit or a�tion to en�orce any o� the �terms of this Deed of
<br /> Trust, Lender shall he entit(ed to �eca�er su�h sum as the cour� may adjudg� r�asonab�e as attorneys' fe�s at trial
<br /> and upan any appeal. VVhether ar nat any court ac�ion is in�ol�ed, and to the extent not prohibited by law, al�
<br /> reasonab�e expens�s Lender incurs that in Lender`5 opinion are necessary at any time for the pra�e�tion o� its
<br /> in�erest vr the enforcement❑f its rights sha�� b�come a part�f the Indebtedness payable on demand and shall bear
<br /> in�erest at the Nflte rate from the date o�the expend�ture until repaid. Expenses co�ered by this paragraph includ�,
<br /> wi�hout lim�tation, hawe�er subje�t to any lim�ts under applicable law, Lender's attorneys' fees and Lender's lega�
<br /> expenses, v+ihether or no� there is a lawsuit, inc�uding attorneys' �ees and expenses for bankruptcy prviceedings
<br /> �in�luding effarts to mfldi�y or�acat�any automatic stay or injunction}, appeals, and any an�icipated post-judgment
<br /> Gv�lectian ser�ices, th� c�st of searching records, obtaining title reports ��ncluding foreclosure reports3, sur�eyors'
<br /> reparts, and appraisal fees, title insuran�e, and fees for the Trustee, �o the extent permi��ed by app�icable [aw.
<br /> Trusfior alsa will pay any court costs, in addi�ivn to all n�her sums prn�ided by �aw.
<br /> Righ#s af Trustee. Trustee sha�l ha�e all of�he righ�s and du�ies of Lend�r as s�t farth in this sec�ion.
<br /> P�VIIERS AND OBL�GATIaNS OF TRUSTEE. The following pro�isions reiating to the powers and obligations o�Trustee
<br /> are part of this Deed of Trust:
<br /> Pvwers vf Trus�ee. In addit€on�o a�l powers of Trustee arising as a matter o� lauv, Trustee shall ha�e the power to
<br /> take the �oilowing actions with respect to the Property upon the written request a� Lender and Trus�vr: �a7 jain in
<br /> pr�paring and filing a map or p[afi o� the R�al Property, in�luding the dedication of st�eets ar other rights to the
<br /> public; �b� jo�n in gran�ing any easement vr creating any res�ric�ion on the Real Property; and ��� join in any
<br /> subordination or other agreemen�afi�ecting this Deed of Trust or the in�eres�vf�ender under th�s ❑eed of Trust.
<br /> Trus�ee. Trustee shall meet all quafifications required far T�ustee under appli�able law. In add�tion to the rights
<br /> and rem�dies set �Forth aho�e, with respe�t to aii ar any part o� the Praperty, the Trus�ee shal( ha�e the righ� to
<br /> foreclose by nofiice and sale, and Lender shall ha�e the right �o fore�lose by judi�ial �oreclosure, in eifiher �ase �n
<br /> accvrdan�e with and to the full extent pra�ided by applica�le law.
<br /> 5uc�essor Trustee. Lender, at Lender's op�ion, may from time to time appoint a successor Trustee ta any Trus�ee
<br /> appo�nted under �his Deed o� Trust by an ins�rument executed and acknowledged hy Lender and rec�rded in the
<br /> otfice o� th� recorder of Haff County, 5tate o� Ne#�raska. The ins�rument shaff conta�n, in addition to alf other
<br /> matters required by sta�e law, the names o� the original Lender, Trustee, and Trustor, the book and pag� �or
<br /> camputer system reference� where this Deed o� Trust is r�corded, and the name and address o� the successor
<br /> trustee, and th� instrument shall be exe�u�ed and acknowiedged by al�the �eneficiaries under this ❑eed �f Trust or
<br /> �h��r successors in in�erest. The successor trus�ee, wi�hout con�eyan�e of�he Property, shall succe�d to all the
<br /> tit[e, power, and duties con#erred upon the Trus�ee �n this Deed of Trust and by appiica�le �aw. This procedure for
<br /> substitution vf Trus�ee shall g��ern to the exclusion of all v�her pro�isions�ar substitution.
<br /> N�TlCES. Any notice required to be given under this ❑eed of Trus#, including without iimitation any notice �� d�fault
<br /> and any noti�e ❑�sa�e shall he gi��n in writing, and sha�� l�e ��fecti�e when ac�ually deli��red, when actually recei�ed
<br /> by telefacsimile �unfess otherwise required by lawy, when deposited with a natianally recognized avernight courier, or, if
<br /> ma�led, when deposited in the United 5�ates mail, as first ciass, certi�ied or registered mail postage prepaid, direc�ed �o
<br /> the addresses shown near the heginning �f�his Deed vf Trust. Aff c�pies a� no�ices o� foreclosure from the halder o�
<br /> any lien which has priarity o�er this Deed of Trust shall be sen� to Lender's address, as shown near the beginning af
<br /> this Deed of Trust. Any party may change its address for notices under this Deed o� Trust by gi�ing forma� writ�en
<br /> notice to the other parties, spec��ying �hat �he purpose of the noti�e is to change the party�5 address. Far notice
<br /> purposes, Trustor agrees�a ke�p Lender �n�armed at all times Qf Trus�or's current address. Unless otherwise pr��id�d
<br /> or required by �aw, if there is more than one Trustor, any noti�e gi�en by Lender to any T�ustar is de�med �a be notice
<br /> gi�en�o all Trustors.
<br /> MISCELLANE�US PR�V15��NS. The follorrving miscellaneous pra��s�ons are a part o��his Deed of Trust:
<br /> Amendments. This Deed of Trust, together wi�h any Refat�d Docum�nts, constitutes the entir� understanding and
<br /> a�reemen� of�he part�es as to the matters set fvrth in �his Deed of Trust. No alteration of or amendment ta �his
<br /> Deed of Trus�shall be e��ecti�e unless gi�en in writing and signed by �he party or parties saugh�to be charged or
<br /> bvund by fihe al�eration or amendment.
<br /> Annual Reports. �f �he Pr�perty is used for purp�ses o�her �han Trustor's r�sidenc�, Trus�or shall turnish to
<br /> Lender, upon reques�, a certified statemenfi of net operating income recei�ed from th� Property during Trustor's
<br /> pre�ious fiscai year in such form and detai� as Lender shall require. "Ne� operating income" shall mean all cash
<br /> receipts from th� Property less all cash expenditures mad� in connection with the operation of the Proper�y.
<br /> Caption Headings. Captian headings in this �eed ❑f Trust are for con�enience purposes on�y and are no� t� be
<br /> used ta interpret or define the pro�isians o�this Deed o�Trust.
<br /> Merge�. Th�r� shall be no merger of the interest or estate created by this Deed of Trust with any other in�erest or
<br /> es�a�te in the Praperty a� any�im� held by or�a�the �enefit o�f Lender in any capacity, w�thout the wri��en consenfi
<br /> of Lender.
<br /> GaWerning Law. This Deed of Trust will be gvverned by �ederal 1aw appiicahle to Lender and, �o the extent nvt
<br /> preempted by�ederal law,the taws of the State of Nebraska withvut regard to its Gon#licts of law pro�isions. This
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