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2� 1 ��37��
<br /> DEEa �F TRUST
<br /> 4 G�ntinued� P��e s
<br /> this Dee�l of Trust may now or hereafter �e atherwise secured, whether by martgage, �eed af trust� pledge, lien,
<br /> assignment ar o#herwise. Neither the acceptance af this ❑eed o� Trust nar its enfar�ement, whe#her by �ourt
<br /> action ❑r pursuant to the pawer of sale or ather pawers contained in this aeed of Trust, shall prejudice ar in any
<br /> manner affect Trustee's ar Lender's right to reali�e up�n or enfiarce any other security now vr hereafter heEd by
<br /> Trustee ar Lend�r, it being agreed that Trustee and Lender, and each o#them, shall be entitled to enforce this Qeed
<br /> af Trust and any other se�urity now or hereafter held by Lender ar Trustee in such order and manner a� they or
<br /> either of them may in their absolute discretion determine. No r�m�dy canferr�d upon or reser��d to Trustee ar
<br /> Lend�r, is intended ta b�exclUsive af any other r�medy in this Deed of Trust or�y law provided�r permitt�d, but
<br /> each shall b� �umulative and shall be in additian ta e�ery othe� remedy given in this Qeed vf Trust ❑r n�w ar
<br /> hereafter existing at iaw or in e�uity or hy statute. Evsry power vr r�medy given by the Note�r any af the Related
<br /> ao�uments to Trustee �r L�nder or to which either v� them may be oth�rwise entit�ed, rnay be exercis�d,
<br /> c�ncurrently or ind�pendently, fr�m time t� time and as often as may be t�eemed expe�ient by Trustee or Lender,
<br /> and either �f �I�em rna�r pursue inconsistent rem�dies. hlathing in this Deed of Trust shall be �onstrued as
<br /> prohibiting Lender from seeking a deficiency judgment against th�Trustor to the exten#such a�tion is perrnitted bY
<br /> law. Electian by Lend�r t4 pur�ue any rem�dy sha�l not exc�ude pursuit of any other r�m�dy, and an election to
<br /> make expenditures or t� take activn to p�rfarm an obligation a�Trust�r under this De�d of Trust, after Trustar's
<br /> failure tQ perfarm, shall nat affect Lender's right ta declare a default ancl exercise its remedies.
<br /> Request f�r Natics. Trustor,an behalf af Trustor�nd Lender, hereby requests that a copy of any Notica of Defaul#
<br /> and a c�py of any Noti�e vf Sale under thEs D�ed of Trust be rnailetl ta them at the addresses s�t#orth in ihe fir�t
<br /> paragraph of this Deed af Trust.
<br /> Attorneys' Faes; Expenses. It Lend�r institutes any suit vr action tv enfor�s any vf the terms of #his Deed of
<br /> Trust, Lender�hall be entitled ta reco��r such sum as the caurt may adjuc�ge reasonable as attQrneys' fees at trial
<br /> �nd upon any appeal. Whether or not any �ourt acti�n +s in�rol�ed, and to the extent not prohibited k�y law, all
<br /> reasanable exp�nses Lender incurs that in Lender's ��inion are necessary at any time for the protection of its
<br /> interest ar the enfor��rn�nt of it�rights shall k�ecome a p�rt af the Intlebtedness payabl�on d�mand and shall hear
<br /> interest at the Nate rate from the dat�nf the expenditure until repaid. Expenses c4�er�d by this paragraph include,
<br /> without limitatian, hvwever subje�t to any limits under applicab�e law. Lender's attorneys' �e�s and Lender's legal
<br /> expenses, whether or not ther� is a lawsu+t, including att�rn�ys' fees and �xpenses far bankruptcy pr�ceedings
<br /> �including efforts ta mod�fy or Wacate any automatic stay�r injunction], appea�s, and any anticip�ted past-judgment
<br /> collectian s�rvices, the caSt of s�arching re�ards, abtaining title reports �inclucling fvreclasure reports�f sur�eyors'
<br /> reparts, and appraisal fees, title insurance, and fees for the Trustee, to the extent p�rm+tted by applicable law.
<br /> Trustar also wil� pay any c�urt Gosts, in addition to all other sums pra�ided by law.
<br /> Righ#s vf Trustee. Trustee shall ha�e all vf the rights and duties�f Lender as s�t forth in this section.
<br /> P�WERS ANa�BL�GATIQNS �F TRUSTEE. The following �r�visions relating ta th� pawers and obligations of Trustee
<br /> are part of this Deed 4f Trust:
<br /> Pawers of Trustee. In ad�itian to all powers of Trust�e arising as a rnatter�f l�w, TrU�#ee shal!have th� power ta
<br /> take the follawing actions ►►vith respect ta the Property upon the written request of Lender and Trustor: te�join in
<br /> preparing and filin� a map or plat af ths Real Prvperty, inc�u�iing the dedicatior� of streets ar other rights t� the
<br /> publi�; �b� j�in in granting any easement or creating any restrictian an the Real Property; and tc� j�in in �ny
<br /> subordina#ivn�r other agreement affecting this D��d a#Trust or the interest af Lender under this Deed of Trust.
<br /> Trus#ee. TruSt�� shall meet al! qualificatians required far Trustee undgr appiicable law. In �dditian to the rights
<br /> and remedies s�t forth �bQve, with respect to all or any part of the Property, th� Trustee shall ha�e the right to
<br /> fare�lo�e by naxice and sale, and Lend�r shal! ha�e the right to fareclase b�judicial forecl�sur�, in either case in
<br /> accordance with and to the fUll extent pr�vided by applicabl�law.
<br /> Successor Trustee. Lender, at Lender's option� may fram time to tims appoint a successar Trus�ee tv eny Trustee
<br /> appvinted under this D�e� of Trust by an instrument executed and a�knowledged by Lender and recorded in the
<br /> af#ice of the recorder of Hal1 County, �tate of Nebraska. The instrument shsll cantain, in �dd�ti�n ta all other
<br /> matters required by state law, the names of the ariginal Lender, Trustee, and Trustar, the bvok �nd p�ge ��r
<br /> c�mputer system rgferencey where this aeed of Trust is rec�rded, and the name and address �f th� �uccess�r
<br /> trustee, and the instrument shall be executed and acknawledged by a�l the benefici�ries�nder this aeed of Trust ar
<br /> �heir successors in inter�st. The successor truste�, without can�eyance of th� Praperty, sha!! succeed to all the
<br /> title, power,and dutie�conferred upon th�Trustee in this❑eed o�Trust and ay appfic�bl� law. This pr�cedur�for
<br /> substitution af Trustee shall gavern to th�exclusi�n of alf other provis+ons for substitution.
<br /> N�Tl�ES. �ny notice requir�d to be gi�en under this Deed of Trust, including withaut IimEtation any noti�e of default
<br /> and any noti�e af salQ shall be gi��n in writing, and shall be eifecti�� wh�n actu�lly deli�ered, when eGtually receive�
<br /> by t�lefacsimile �unless otherwise required by law�, wh�n depvsit�d with a nativnally rec�gnized oWernight�ourier, or, if
<br /> rna+le�l, when deposited in the United States mail, as first class, certified o�'registered mail pastage prepaid, dir�ct�d tv
<br /> ihQ addresses shown near the t�eginning of this ❑eed �f Trust. All cvpies of natices�f farec�osure from the hvlder af
<br /> any lien which has pr�ority over this D��d of Trust shall b� sent ta Lender's address, as shown near #he beginning af
<br /> this Deed of Trust. Any party may change its add�ess �or notsces und�r this DeQd of Trust bY giving formsl written
<br /> notice to the other parties, specifying that the purpQse of the natice is to ch�ng� the party's address. For noti�e
<br /> purpases, Trustor agrees to keep Lender informed at all times of Trustar's current�ddress. Unless otherwise pro�ided
<br /> or required by law, if there is more than one Trustor, any nvtice gi�en by Lender ta any Trustor is deemed#o be noti��
<br /> gi��n tQ all Tru�tors.
<br /> MISCELLANE�US RR�VISI�N�. The foll�wing misceilaneous provisians are a part of this �eed��Yrust:
<br /> Amendments. This ❑eed of Trust, tagether with any Related Documents, constitutes the entire understending and
<br /> agreement af the parties as ta the matters set farth in this Deed of Trust. hla alterati4n Qf�r amendm�nt to this
<br /> D�ed af Trust$hall be eff�cti�� unl�ss giv�n in writing and signed by the party or parti�s sough#t� be chacged vr
<br /> bound by the alter�tion ar amendment.
<br /> Annua� Repor#s, �f the Property +s used f�r purpases ather than Trustvr's residence, Tru$tar shali furnish to
<br /> Lender, upon ret�uest, a certified statem�nt af net operating incorne r�ceived from the Property during Trust�r`s
<br /> previau� fiscal year in such form and detai! as Lender shall require. "hlet aperating incame" shall mean a�l Gash
<br /> receipts frarn the Pr�p�rty I�ss all ca�h expenditur�s made in cannection with the oper8tivh c]f the PrBperty,
<br /> Caption Headings. �aption haadings in this �e�d of Trust are for con�enien�e purposes anly �nd er� nat to be
<br /> used to interpret ar defin�the provisions af this Deed of Trust.
<br /> �'IAer�sr. There shall ae n� merger of the interest ar estate created by this Deed of Tru�t with any ather interest ar
<br /> estate in the Property at any time hetd by ar fvr the benefit af L�nder in any capacitV, with�ut the wri#t�n c�ns�nt
<br /> of Lender.
<br /> Go��rning Law. This deed af Trust will be goWernad by f�deral Isw �rpplic�k�le tv Lender �nd, to ths �xtent not
<br /> preempted by f�deral law,the laws o�th�Stat�of Nebraska without r��ard to its conflicts of law provisians. This
<br /> Deed of Trust has been ac�apted by Lend�r in the State of Ne�r�ska.
<br /> Choice af Venue. lf there is a lawsuit, Trustor agr��s upan L�nder's request t4 submit ta the jurisdiction af the
<br /> caurts of BU�falo Caunty, Stat�af N�braska.
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