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2� 1 ��3�39
<br /> DEED QF TRUST
<br /> ��onti�ued� Page 6
<br /> this Deed ❑�Trust may now or hereafter be otherwise secured, wh�th�r by mort�age, deed of trust, pledge, lien,
<br /> assignment �r otherwise. Nei�her �he acceptance of this Deed of Trust n�r its enforc�m�nt, whether �y cvur�
<br /> action �r pursuant ta th� power of sale or o�her powers cvn�ained in this Deed of Trust, sha[[ prejudice or in any
<br /> manner a��ect Trustee's or Lender's righ� to reali�e upon or enforce any ❑ther security now o� h�reafter held by
<br /> Trustee❑� L�nder, it being agreed that Trustee and Lender, and each a�them, shal[ be�nt�tled t❑en�vrce this Deed
<br /> of Trust and any other se�urity nvw vr hereafter held by Lender or Trustee in su�h order and manner as �hey or
<br /> either o� them may in their absolute discretion det�rmin�. No rem�dy con�erred upon ❑r reser�ed to Trustee or
<br /> Lender, is intended to be exclusi�e of a�y other remedy in this Deed of Trust or by law pro�ided �r permitted, but
<br /> each shall be �umulati�e and shalf b� in add�tion to e�ery other remedy gi�en in this Deed of Trust vr n�w �r
<br /> herea�ter ex�sting a�law or in equity or by statute, E�ery power or remedy gi�en by the Nate or any af�he Relat�d
<br /> Qocuments to Trustee or Lender or t� which either �f them may be otherwise ent€t�ed, may be exercised,
<br /> cvn�urrent[y or independently, �rom tim� to time and as flf�en as may be deemed expedient by Trustee or Lender,
<br /> and either o� them may pursue inCvnsistent remedies. No�hing in this Deed of Trust shail he cflnstrued as
<br /> prvhibiting Lender from seeking a deficiency judgmen�against the Trustor t❑the extent su�h a�t�on is permi�ted by
<br /> law. Efecti�n hy Lender ta pursue any remedy shall no� exclude pursui� of any o�her remedy, and an election �❑
<br /> mak� expenditures or to take ac�ion �❑ perform an obliga�ion of Trustor under this Deed of T�ust, a�ter Trustor's
<br /> �ailure to perform, shal� not af#ect Lender's righ��o declare a defaul�and exercise i�s remedies.
<br /> Reques�for Notice. Trustor, on behalf vf Trustvr and L�nder, hereby requests tha�a copy af any Noti�e o�De�ault
<br /> and a �opy of any Notice a�Sa�� under this ❑eed of Trust be mailed to them at the addresses set forth in the �irsfi
<br /> paragraph vf this ❑eed of T�ust.
<br /> Attorneys' Fees; Expenses. If Lender �nstitutes any suit or actian tn en#orce any of the �erms ofi this Deed o�
<br /> Trust, Lender shall be entitl�d ta r�coW�r such sum as the court may adjudge reasona�le as at�orneys' fees at tria�
<br /> and upan any appeal. Whether or not any court actian is �n�ol�ed, and to the ext�nt not prohibi�ed by law, alf
<br /> reasonable expenses Lender incurs that in Lender's opin�on ar� necessary at any time for the protection of its
<br /> int�r�st vr the enfor�ement of its rights shal! be�ome a part o�the �ndebtedness paya�l� on demand and shall l�ear
<br /> inter�st at the No�e ra�e from the date of the expenditure unti( repa�d. Expens�s c��ered �y this paragraph include,
<br /> v+rithout I�mitation, hawe�er subje�t t� any limits under appficable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, wh�ther or not �here is a la�vsuit, including attorneys' f�es and expenses �a� hankruptcy praceedings
<br /> {including �f�orts to modifiy or�aca�e any au�omatic s�ay or injunctiony, appeals, and any anticipated post-judgmen�
<br /> collection ser�ices, the cost of searching re�ords, ob�aining title repor�s {including foreclosur� reports�, sur�eyors'
<br /> repor�s, and appraisal fiees, ti�le insurance, and �ees for the Trus�ee, to the ex�ent permitted by applicable law.
<br /> Trus�or also will pay any court costs, in addi�ivn to all o�her sums pro�ided hy law.
<br /> Rights o�Trustee. Trustee shall ha�e all of the rights and duties of Lender as se�for�h in�his section.
<br /> P�WERS AND UBLlGATI�NS UF TRUSTEE. Th� �ollowing pro�isions relating to the powers and abligations o�Trustee
<br /> are part v�this Deed vf Trust:
<br /> Pawers o�Trustee. In addi-�ion tv afl p�wers o€Trustee aris�ng as a matt�r o�law, Trustee shall ha�e the p�wer to
<br /> take th� fo!lowing actions with respect to the Pr�perty upan the written request o� Lender and Trus�or: �a) join in
<br /> preparing and �iling a map or pla� af th� Real Property, including the dedication of streets or other righ�s �o �he
<br /> public; �b� join in granting any easement ar crea�ing any res�riction on the Real Pr�perty; and (c} join in any
<br /> subordina�ion or other agreement a�fecting this Deed af Trust vr the interest of Lender under this Deed of Trust.
<br /> Trustee. Trus�ee shaff ineet a[i qua�i�i�at�ons required for Trustee under applicahle law. �n addition to the r�ghts
<br /> and remedies set forth aboWe, with respect ta a!i ar any pa�t o� th� Prop�rty, the Trustee shall ha�e the right to
<br /> fvr�clos� by notice and sale, and Lend�r shalf ha�e the right �o foreclos� by �udicia� foreclosure, in either case in
<br /> accordan�e with and to the full ex�ent pro�ided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may�rom time to time appoin�a su�c�ssor Trustee to any Trus�ee
<br /> appoin�ted under this Deed o� Trust by an instrument executed and acknowledged by Lender and re�orded in �he
<br /> a�fi�e of the recvrder of Hall County, State o� Nehraska. The instrument shall �vn�ain, in addition to ai1 other
<br /> matters required by s�ate faw, th� nam�s �� the origina� Lender, Trustee, and Trustvr, the bvak and page �or
<br /> computer system reference} where this Deed of Trust is recorded, and �he name and address of the successor
<br /> trustee, and the ins�rument shall be executed and acknowiedg�d �y a([the beneficiaries und�r this Deed ❑f Trust or
<br /> their successo�s in interes�. The suc�ess�r trustee, without con�eyanc� af the Property, shall succeed to all the
<br /> ti�le, power, and duties conferred upon the Trus�ee in this Deed of Trust and by applicable law. Th�s procedure�or
<br /> subs�itution af Trustee shall go�ern ta the exclusion ofi all o�her pro�isions for substitution.
<br /> N�TiCES. Any no�ice required to b� gi�en under this ❑eed o�Trust, including without limi�a�ion any natice a�de�ault
<br /> and any notice of sale shall b� gi�en in writing, and shaff be ef�ecti�e when actua��y deli�ered, when ac�ually recei�ed
<br /> by telefacsim��e �un�ess o�herwise required by faw�, wh�n deposited w�th a nat�ona�ly �ec�gnized o�ernigh��vurier, or, i�
<br /> mailed, when deposited in the United 5tates mail, as firs� class, ��rtifi�d or registered mai� postag� prepaid, directed to
<br /> the addresses shown nea� the beginning ❑f�his ❑eed of Trust. All copies �f n�tices of fiorec(osure �rom the holder of
<br /> any �ien whiGh has prio�ity ��er this Deed of Trus� shall he sen� to Lender's address, as shown near �he beginning of
<br /> this Deed af Trust. Any pa�ty may change its address �or no�ices under this Deed of Trust by gi�ing farmal wri��en
<br /> nafi�ce to the o�her parties, sp�c��ying that the purpose o# the notice is to change the par�y's address� For noti�e
<br /> purp�s�s, Trustor agrees�o keep Lender in�ormed at a�� times o�Trustor's current address. Unless otherrrvise pra�ided
<br /> or required �y iaw, if there is more�han ❑ne Trustor, any notice gi�en by Lender to any Trustor is deemed to be notic�
<br /> gi�en�o aff Trustvrs.
<br /> MISCELLANEDUS PRQVl51nNS. The following miscellaneous pro�isions are a par�of this Deed �f Trust:
<br /> Amendmen�s, This De�d of Trust, �ogether with any Related Documen�s, consti�utes the�ntire understanding and
<br /> agreement of�he parties as to the matters set �orth in this ❑eed of Trust. Na altera�ion of or amendm�nt to this
<br /> Deed o�Trust shall be effe�ti�e un[ess gi�en in writing and s�gn�d by the party or parties svught to be charged or
<br /> �ound �y the alteration ar amendment.
<br /> Annual Reports. I� the Prop�rty is used for purposes o�her than Trustor's residence, Trustar shall furnish to
<br /> L�nder, upon request, a certi�ied statement of ne� operating in�vme recei�ed from the Pr�p�rty during Trustor's
<br /> pre�ious fiscal year in such form and detail as Lender shall require. "Net operating incame" shalf inean all cash
<br /> receipts from the Property less aff cash�xpenditures mad� �n connectian with the apera�ion of�he Property.
<br /> Caption Headings. �ap�ion headings in this Deed o� T�ust are fo� con�enience purposes only and are not ta be
<br /> used to interpret or define�he pro�isians of this Deed vf Trust.
<br /> Merger. There shall be no merger of the �nterest or estat� cr�ated by this Deed a�Trust with any o�her interest ar
<br /> esta�e in the Prope�ty at any�ime held hy or for the �enefit of Lender in any capacity, withvut xhe written consent
<br /> of Lender.
<br /> Go�erning Law. This Deed of Trust will he gv�erned by tedera� �aw applicable to Lender and. �o the extent not
<br /> preempted by�ederal law,the laws vf the State of Nebraska withvut r�gard�v its confli�ts v�law pro�isions. This
<br /> Deed vf Trust has b��n a�cepted by Len�ier in the 5tate af IVebraska.
<br /> Gho�ce of Venue. If there is a lawsui�, Trust�r agrees upon Lender's request to su�mit to the jurisdiction a� the
<br /> cour�s of Haff �ounty, State af Nebraska.
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