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2� 1 ��3�88
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<br /> DEED �F TRUST
<br /> ��or�tinued� Pag� 6
<br /> assignment or o�he�wise. Nei�her the ac�eptance of this Deed af Trust nor its enforcement, whe#her by court
<br /> action or pursuant tQ the power�f sale or other p�wers cantained in this Deed af Trust, shall pre�udice or in any
<br /> manner affect Trustee's or Lerrdet's right to r�alize upon ar enforce any ather security now ar hereaft�r held by
<br /> Trustee ar Lender, it being agreed that Trustee a�nd Lender, and ea�h uf them, shall be entitl�d ta enforce this Deed
<br /> of Trust and any ather s�curity now ar her�after held by Lender ar Trustee irr su�h �rder and manner as they ar
<br /> either a# them may in their absolute discretian determine. No rernedy conferred upon or reser�ed to Trustee or
<br /> Len�fer, is intended to be excfusi�e af any athsr remedy in this D�ed of Trust or ay Iaw pro�ided vr p�rmitt�d, but
<br /> �ach shall be cumulative and shall be in addition to ev�ry othe� remedy gi►►en in this DEEd of Trusx ar naw ar
<br /> hereaft�r existing at law or in equity or by statute. Every pow�r Qr remedy gi�en by the Note�r an}���the Related
<br /> Do�um�nts to Trustee ar Lender or to whi�h either of them may be otherwis� entitled, may be exercised,
<br /> con�urr�ntly ar independently, from time ta time �nd as aften as may be deemed �xpedient by Truste� or Lender,
<br /> and either ❑f them rnay pursue in�onsistent remedies. Nothing in this Deed of Trust sh�ll be construed as
<br /> prahibiting L�nder from se�king a def+ciency judgment agaEnst the Trustor to th�extent such actian is permitted by
<br /> law. Electian by Lend�r t� pursu� any remedy shalE nat exclude pursuit ot any other remedy, and an electEon ta
<br /> make ex�enditures or to take activn #a perfarrr� an obligation �f Trust�r under this Deed of Trust, after Trustar's
<br /> failure to perform, sha�l nQt affect Lender's right to declare a de�ault a�nd exercis�its remedies,
<br /> Request fvr Natice. Trustor, on beh�lf�f Trustor and Lender, h�reby rec�uesis that a c�py af an� hlatice of Q�fault
<br /> and a copy a�any Notice af Safe under this Deed af Trust be mail�d to them at the a�idresses �et forth in th� firs#
<br /> pa�ragraph a#this❑eed of Trust.
<br /> Attorne�s' Fees: Expenses. 1f Lender institut�s any suit or action ta enforce any �f the terms of thi� Deed of
<br /> Trust. Lender shall be entitled to recaver suCh sum as the�ourt rnay adjudg� r�as�nable as attorneys' ��ss at trial
<br /> and upon any appeal. Wh�thar or nat an� �aurx a�tion is invol�ed, and ta the extent not prohibit�t� by law, all
<br /> reasanable expenses L�nder incurs that in L�nder`s apinion �re n�cessary at any time far the protection of its
<br /> inter�st ar the enf�rcement of its rights shali become a part of the Ind�btedness payable�n d�man�and�halt bear
<br /> interest at the Note rate from the date of the exp�nd+ture unti�repaid. Expenses covered by this para�raph includ�,
<br /> withaut timitatian, haweWer sub�ect ta any limit$ under appficable law, Lender's attarneys' fees and Lender's legal
<br /> expenses, whekhQr vr not there is a lawsuit, includin� attorneys' f�es and expenses f�r barrkruptcy p��ceedings
<br /> tincluding effQrts to mo�+fy�f�acate any autarnatic stay�r injunct+vn), appea�s, �nd any anticipated post-judgment
<br /> collectian services, th� cQst �f searching r��ards, obtaining titie rep�rts �inc�u�iing foreclosure rep�rts�, sur�eyors'
<br /> reports, and appra�sal fee�, title insurance, and #ees for the Trust�e, ta the extent p�rmitted by applicable law.
<br /> Trustvr also►nrill pay any caurt costs, in additian tQ all other sums prQ�ided by law.
<br /> Rights�f Trustee. Trustee sha�l ha�e all of the rEghts and duties�f Lender as set forth in#his sectian.
<br /> P�WERS AND�BLIGATI�NS �F TRUSTEE. Th�fallawing pra�isions reiating to the pawe�s ancf abligativns af Trustee
<br /> are part of this Deed of Trust:
<br /> Pow�rs o�Trust��. In additian to all powers of Trustee arising as a rnatter of law� Trustee shal� haue the power to
<br /> take the fall�wing actians with respect ta the Pr�perty upan the written request�f Lender and Trustor: tay jain in
<br /> preparing and filing a rnap or plat of the Real Prvperty, including the dedi�ati4n of street5 or vther rights to the
<br /> pu�lic; �b� join in granting any easement or creating any restrictian an the Real Property; �nd �c} join in any
<br /> suhordination or other agreement affecting ihis Deed of Trust or the interest of Lender under#his�eed of Trust.
<br /> Trustee. Trustee shall m�et alE qualifications r�quired far TrUstee under applicable �aw. In addition to the rights
<br /> and remedies set forth ahove, with respect tQ ai� ar any part a�t�� Pr�perty, the Trustee sheil tr�ve the ri�ht to
<br /> foreGlas� by nvtiGe and sale, and Lender sFrall have the right ta �oreclose by judici�l far�closure, in eith�r case in
<br /> accordanc�wi�h and ta th�full extent pra�id�� by applicable�aw.
<br /> Successor Trustee. Lender, at Lender's option, may from time ro tirne appaint a su�c�ssvr Trustee t�any Trustee
<br /> appainted under this Deed of Trust by an instrument exe�uted and acknawledged by Lender and recorded �n th�
<br /> vfifice of the recQrder of Hall �ounty, State of Nebraska. The instrument shall contain, in add�tian to al! ather
<br /> matters required by state 1aw+ the names af the original Lender, Trustee. and Tru�tar, the boak an� page �4r
<br /> camputer system refere�r�e} where this Deed of Trust is recorded, and the name and address of the �uccessor
<br /> trustee, and t�e instrument shall be executed and acknowled�ed by all the bene�iciaries und�f this deed af Trust�r
<br /> their succ�ss�rs in interest. The success�r trustee, without canueyance of the Property, shall sucC�ed #o all the
<br /> title, power, and dUtie�conferred upvn the TrUst��in this De�d vf Trust and by �pplicable law. Yhis procedure for
<br /> substitution�f Trustee shall go��rn tv the exciusion of all ather provisivns for substitutian.
<br /> NOTICES. Any notice required tQ �e gi�en un�er this Deed of Trust, including withoUt lirnitatian any natiG�of default
<br /> and any natice of sai� shall be given in writing, and shall be effective when actualfy delivered, when 8ctually received
<br /> by t�lefacsirnile�un�ess otherwise required �y law�, wh�n depasited with a nationally recognized ovgrnight courie�, or, if
<br /> mailed, when depasited in the lJnited Stares mail, �s firs#cEass, certified �r registered mail p�sta�e prepaid. dire�ted t4
<br /> the addres$�s shawn near th� beginning �f this Qeed of Trust. All �opi�s of n�tices of f4reclosure frorn th� holder of
<br /> any lierr which has priority a��r this Deed of Trust shail ae sent ta Lender's addres$, as shown near the heginning of
<br /> this Deed of Trust. Any party may change its addrsss for notices under #his Deed of Trust by giving formal written
<br /> n�tice ta the other parties, specifying that the purpose o� the natice is to change the party's address. For notice
<br /> purpases, Trustor agrees to keep Lender informed at all times af Trustor's current addr�ss. Unless otherwise pr��ided
<br /> or required by law. if there is mar�than one Trustar, any noti�e gi�en by Lender to any Trustvr i5 d�emed to be notice
<br /> gi�en ta all Trustars.
<br /> MIS�ELLANE�US PFi�V151�IVS. The following rniscellaneous provisions are a psrt af this De�d af Trust:
<br /> Amsndments. This aeed of Trust, togeth�r with any Related DaGum�nts, constitutes the entire under�t�n�in�and
<br /> agreement of the parties as to the matt�rs set forth in this Deed of Trust. No a�terativn af or arnerrdment ta this
<br /> Deed of Trust shall be effecti�� unless giv�n in writing and si�ned by the party ar parties sought ta be charg�d or
<br /> bound by the alteratiQn or amendment.
<br /> Annual Reports. If the Pr�perty ts used far purpases other than Trustar's residen�e, Trustar �hall furnish tv
<br /> Lender, upan requ��t, a cert+fied statement af net vperating income recei�ed �rom the Proper#}� during Trustor'�
<br /> pr�Wiaus fiscaf y�ar in such form and detail as Lend�r shal� requir�. "Net aperating incvme" shall mean �I� cash
<br /> receipts fr�m the Property iess all cash expenditures made in cvnnection with the aperatian af the property.
<br /> Caption Headings. Caption h�adings in this Deed of Trust �re for canvenience purpases oniy arld are na� to be
<br /> usetl to interprat ar define the pro�rision�of this Deed of Trust.
<br /> Merger. Th�re shall be na m�rger of th� interest ar estate cre�ted by this �e�d�f Trust with any oth�r interest or
<br /> estate in t�e Pr�perty at any tirns held by or f�r the benefit of Lend�r in any capaGiiy, with�ut the vuritten consent
<br /> of Lender.
<br /> Go�erning Law. This Deed of Trust w�ll be ga�erned by federal law applic�ble ta L�nder end, to the ex#snt not
<br /> praempted by fet�eral law.the laws Qf th�S#�ts oi Nebrask8 w+thout regsrd ta its conflicts�f law pro�isi�ns. This
<br /> Deed af Trust has been accept�d�y Lender in#he State of Nsbraska.
<br /> Choi�e of Venue. If there is a lawsuit, Trustar �grees upon Lender's re�uest t� submit ta the jurisdiction �f th�
<br /> courts of Buffalo County, State a�Nebrask�.
<br /> Jvint antf S�verel Li�bility. Ail abligations af Trustor under thi$ �e�d vf Trust �hall be jaint and seueral, �nd all
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