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2� 1 ��358�
<br /> DEED �F TRLJST
<br /> ��ontinued� Page �
<br /> under this Deed of Trust, under the Note, under any af the Re�ated Da�uments, or under any vther agreement vr
<br /> any laws now or herea�ter in farce; no�withs�anding, same or a�I of such indef�tedness and ❑bligations se�ured by
<br /> this Deed af Trust may now or hereaf�er be �therwise secured, whether hy mortgage, deed of trust, pledge, lien,
<br /> assignment or otherw�se. Neither �the acceptance of this Deed of Trust nor its enfor�ement, whether by court
<br /> act�on ar pursuant to th� power of sale or other powers contained in this ❑eed of Trust, shaii prejudice or in any
<br /> manner affect Trustee's or Lender's righ� ta realize upon or enforce any other securi�y n�w o� hereafter held hy
<br /> Trustee or Lender, �t being agreed�hat Trustee and Lender, and each o�them, shall be entitied ta�nforce this ❑eed
<br /> o� Trus� and any other securi�y now or hereafter held �y Lender or Trustee in such order and manner as �hey nr
<br /> �i�her of them may in their absolute dis�r�tion d�terrr�ine. No remedy conferred upon or reser�ed ta Trus�ee or
<br /> Lender, is intended to be exclusi�e of any other remedy in �h�s ❑eed �f Trust ar by �aw pro�ided ❑r permi�ted, but
<br /> each shall b� cumu�ati�e and shall be in addition to e�ery other rem�dy gi�en in �his Deed o� Trust or naw or
<br /> hereaf�er existing at�aw ❑r in equi�y�r by statut�. E�ery power or remedy gi�en hy�he Note a�any of the Related
<br /> Documents �o Trust�e ar Lender or tv which eith�r o� them may t�e vtherwise entitled, may be exercised,
<br /> concurren�ly or independently, from time to time and as a��en as may be deemed expedi�nt �y Trustee or Lender,
<br /> and eifiher of them may pursue in�onsis�ent rem�dies. Nathing in this ❑eed of Trus� shail be construed as
<br /> prohihi�ing Lender from seeking a defi�iency judgment against the Trustor to the ex�ent such act€on is permit�ed t�y
<br /> law. Election by Lender ta pursue any r�medy sha�� not exclude pursui� of any other remedy, and an elec�ion to
<br /> make expenditures or to �ake action ta per�orm an obligation of Trus�or under �his Deed o� Trust, after Trustar's
<br /> failure to per�orm, shall not affect Lender's right to declare a default and exercise its r�m�d�es.
<br /> Request for Not��e. Trustor, on behalf of Trustor and Lender, here�y reques�s tha�a �opy o�any Natice of ❑efauit
<br /> and a �opy �f any Notice of Sale under this Deed o�Trust he mailed to them a��he addresses set �orth in�he first
<br /> paragraph of this Deed af Trust.
<br /> Attarneys' Fees: Expenses. If Lender institutes any suit ar action to enforce any af �he t�rms of this Deed a�
<br /> Trust, Lender shall be entitled to reco�er suGh sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeaf. VIlhether or nv� any �ourt action is in�o��ed, and to the exten� n�t pr�hi�ited by law, all
<br /> reasonahle expenses Lender incurs that in Lender's opini�n are necessa�y at any time �or the prot�ction af ��s
<br /> �nterest or the enfor�ement o�its r�ghts shall become a part of th� Indebtedness payable on demand and shall bear
<br /> in�erest at the Note ra�e from the date o�the expenditure until repaid. Expenses co�ered by this paragraph include,
<br /> withou� �imitat�on, howe�er subject to any lim�ts under applicable {aw, Lender's attorn�ys' fees and Lender's legal
<br /> expenses, wheth�r or not �here is a (awsu�t, inc�uding attorneys' fees and expenses fo� bankruptcy pr�ceedings
<br /> �including efforts to madify or�acate any automatic stay or injunc�ion�, appeals, and any antic�patec! post-judgment
<br /> �ollection ser�ices, the c�st of searching rec�rds, �btaining title repor�s �including foreclosure reports�, sur��yors'
<br /> r�ports, and appraisa� fees, title insurance, and fees for the Trustee, to the ex�en� permitted by applicable law.
<br /> Trustor also will pay any court costs, in addition to a[�ather sums pro�ided by law.
<br /> Rights of Trus�ee. Trustee shall ha�e all of the rights and duties a�Lender as set for�h in this section.
<br /> P�WERS AND �gLIGATtDNS DF TRU�TEE. The follawing pro�isions reiating ta the powers and obligations o�Trustee
<br /> are par�of this Deed of Trus�:
<br /> Pawers ❑f Trustee. !n addition t❑ alf powers of Trustee arising as a mat�er of law, Trust�e shall ha�e the power�o
<br /> take �he fiollowing actions with respe�t to the PrQp�rty upon the wri�ten request of Lender and Trustor: �a� join in
<br /> preparing and �i��ng a map or pla� of the Rea( Prope�ty, including the dedica�ion �f stre�ts or other rights t� the
<br /> public; �by join in g�anting any easement or creating any restriction on the Real Property; and �cy join in any
<br /> su�vrdination�r flther agreement affecting this D�ed❑�Trust ar the interest of�ender under this ❑eed vf Trust.
<br /> Trustee. Trus�ee sha€! meet all qualifications required for Trustee under appli�able law. ln add�t�on t❑ the rights
<br /> and remedies set f�rth ab��e, with respec� to all or any part o� the Property, the Trustee shall ha�e the right to
<br /> foreclose �y no�ice and sa�e, and Lender shall ha�e the right �o foreclose by judicial fareclasur�, in either case in
<br /> a�cordance with and t�the fu���xfient pro�ided by applicable law.
<br /> Successvr Trustee. Lender, at �ender's option, may�rom time to time appoint a successor Trustee to any Trustee
<br /> appvinted unde� this Deed of Trust by an instrument execu�ed and ackn�wledged by Lender and recorded in the
<br /> office of th� recorder vf Hall County, State o� Nebraska. The ins�rument shaff cnntain, �n addi�ian �a afl oth�r
<br /> matters required by state law, the names ❑�€ the orig�nal Lender, Trustee, and Trustor, the �ook and page {o�
<br /> computer sys�em referen�e} where this Deed of Trust is recorded, and the name and address o� the successor
<br /> �rustee, and�he instrument shali be executed and acknowledged by ai�the benefi�iaries under this ❑eed ❑f Trus�or
<br /> their successors �n interest. The successor trus�ee, with�ut �on�eyance of the Property, shall suc�eed to all the
<br /> ti�le, pawer, and duties conferred upon �he Trustee in this Deed of Trust and by app�icable iaw. This procedure for
<br /> subs�itutian o�Trustee shall go�ern to the exclusion of all other pro�isions for substituti�n.
<br /> N�TICES. Any notice required to be gi�en under this De�d af Trus�, including wi�h�u� limitation any notice of d��au�t
<br /> and any nofii�e of sale sha�� �e �i�en in writing, and shail �e e�fecti�e when a�tually deli�ered, when actually recei��d
<br /> by�ele�acsimile �unless�th�rwise �equired by lawy, when depasited wi�h a nationally re�ogni�ed o�ernight courier, or, if
<br /> mailed, when deposited in th� �nited States mail, as firs�class, c�rtified or reg�stered mail pastage prepaid, d�recfed to
<br /> the addresses shown near�he beginning o�this ❑eed of Trust. All copies ❑f notices v��ore�losure from the ho�der ❑f
<br /> any lien which has p��ority o�er this ❑eed o�Trust shall be sent to Lender's address, as sh�wn near the beginning o€
<br /> this Deed af Trus�t. Any party may chang� its address ffl� notices under this Deed nf Trust hy g��ing tormal written
<br /> notice to the o�h�r parties, speci�ying that the purp�s� o� the not�ce is to �hange the party's address. Fvr notice
<br /> purposes, Trustar agrees to keep Lender informed a� all times o�Trustor's cur�ent address. Unless otherw�se pro�ided
<br /> or required hy law, if�here is more than one Trustor, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> gi�en to a[�Trustors.
<br /> MISCELLANEC3US PRQV[S[�7N�. The foi(owing miscellaneous pro�isions are a part o�this ❑eed of Trus�:
<br /> Amendments. This ❑eed ❑f Trust, togethe�with any Related Documents, canstitutes the entire understanding and
<br /> agreement af the parties as �o the matters set �orth in this Deed of Trus�. No al��ration o#�r amendment to this
<br /> ❑eed of Trust sha�� be �ffec�i�e unless gi�en in w�iting and signed by the par�y or parties sought tfl he charged or
<br /> bound �y the alteratian flr amendment.
<br /> Annual Reports. 1f the Prope�ty is used for purpases other than Trustor`s residen�e, Trustor sha�� furnish to
<br /> Lender, upan request, a certified statement vf net opera�ing in�om� recei�ed #rom the Proper�y during Trustor's
<br /> pr��ious f€sca! year in such form and detail as Lender shall requir�. "N�t operat�ng income" shall mean a1� cash
<br /> receipts fram the Proper�y less ali cash ex�enditures made in c�nn�cti�n with the operation vf�he Property.
<br /> Caption Headings, Gaption h�adings in �his Deed of Trus� are f�r c�n�enience purpases only and are not �o be
<br /> used to interpret ar define the pro�is�ons o�this Deed of Trust.
<br /> Merger. The�e shall be no merger❑�the int�rest or estate crea�ed by this Deed o�Trust with any other interest or
<br /> esta�e in the P�operty at any tim� held by �r�o�the benefit of Lender in any capacity, w�thout the wri�ten consent
<br /> �f Lender.
<br /> Gv�erning Law. Th�s Deed of Trus� w�l� be go►rerned hy federal law appiicable t� Lender and, to the ex�ent nvt
<br /> preempted by fed�ral law,the laws o#the State of Nebraska withvut regard to its �on#li�ts of law pro�isions. This
<br /> Deed vf Trust has been accepted by Lende�in the S#a#e of Nebraska.
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