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2� 1 ��41 � 1
<br /> DEED C]F TRUST
<br /> t��ntinued3 Page �
<br /> ac�ion or pursuant to the power of sale �r other powe�s contained in this Deed of Trus�, shafl prejudice or in any
<br /> manner affect Trustee's or Lender's right ta rea�ize up�n or enforce any other security n�w or hereafiter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitfed to enfarce this Deed
<br /> of Trust and any other seGurity naw or hereaft�r held by Lender or Trustee in such order and manner as �hey or
<br /> either o� th�m may in their absolute discret€on determine. No remedy conferred up�n �r r�ser�ed t❑ Trustee �r
<br /> Lender, is intended t❑ be exclusi�e of any other remedy in this Deed vf Trus�or by law pro�€ded or permi��ed, but
<br /> each shali he cumulati�e and shall be in additian to e�ery other remedy gi�en in this Deed o€ Trust or now or
<br /> hereafter�x�st�n� at law �r in equity or by statute. Every power or remedy gi�en by�he Note ar any of the Rela�ed
<br /> Documents to Trustee vr Lender or to which either o# them may be otherwise entitled, may be exercised,
<br /> concurrentfy o� independen�ly, �rom time to time and as o�ten as may be deemed expedient by Trustee ❑r Lender,
<br /> and either v� them may pursue in�onsistent remedies. Noth�ng in this Deed of Trust shall be construed as
<br /> prohibiting L�nd�r from seeking a defici�n�y judgment against�he Trustor to the �xtent su�h action is permitted by
<br /> law. Election by Lender to pursue any remedy shal[ nat exc�ud� pursuit of any other remedy, and an ele�tian to
<br /> make expenditures or to take a�tion to perform an ❑hligatiQn of Trust�r under this ❑eed of Trust, a�ter Trustor's
<br /> failure to perform, sha(� nat af�ect Lender's righ�to declare a d��ault and�x��-c�se its remedies.
<br /> Request for No�ice. Trustar, on behal�f❑�F Trus�or and L�nder, hereby requests that a copy of any No�ice of D�fault
<br /> and a cflpy of any Notice af Sa�e und�r this Deed of Trus� be mailed �❑ them at the addresses set forth in the first
<br /> paragraph of this �eed of Trust.
<br /> Attornsys' Fees: Expenses. If L�nder institutes any suit or action �o enfor�e any o� the terms of �his ❑eed o�
<br /> Trust, L�nder shall be entitled to reco�er such sum as �he court may adjudg� r�asonab�� as attorneys' fees at tria�
<br /> and upon any appeal. VVh�ther or not any court a��ion is in�ol�ed, and �o �he extent not prohibited by law, a(�
<br /> reasonable expenses Lender incurs �hat in Lender's �pinion are necessary at any time for the protection af its
<br /> interest or�he enforcemen��f its rights sha�! became a part of the Indebtedness payable on demand and shall hear
<br /> in�erest at the Note ra�e frarr� �he date o�the expenditure until repaid. Expenses co�ered by th�s paragraph include,
<br /> with�ut limitation, hvwe�er subject�o any lim�ts under applicable law, Lender'S a�tDrneyS' fees and Lender's legal
<br /> expenses, whefiher or no� �here is a lawsuit, inc�uding attorneys' fees and expenses for bankruptcy proceedings
<br /> �including e��orts to mvdify or�acate any automatic stay or injunction}, appeals, and any anticipated p�st-judgmen�
<br /> collec�ion ser�ices, the cast af searching rec�rds, �bta�ning tit�e reports �including foreclosure repo�ts�, sur�eyors'
<br /> reports, and appraisai fees, ti�le �nsurance, and fees for �he Trustee, �o the exten� permi�ted by app��cable law.
<br /> Trustor also will pay any caur�cas�s, in addition to all �ther sums pro��ded hy iaw.
<br /> Righ#s of Trustee. Trustee sha�l ha�e all af the righ�s and duties of Lender as set�arth in this sec�ion.
<br /> PDWERS AND C3BLtGATIDNS �F TRUSTEE. The fallowing pro�isions rela�ing to the powers and obligations of Trusfiee
<br /> are part o�this Deed af Trust:
<br /> Powers of Trustee. fn addi�ian to a!I powers a�Trustee arising as a mat'�er of�aw, Trustee sha�� ha�e the power tQ
<br /> take the failowing actions with respect t� th� Prape�ty upon the written reques�of Lender and Trustar: {ay �ain in
<br /> preparing and �i�in� a map or pla� of �he Reaf Property, including the dedicafiion o� s�reets or other rights to �he
<br /> pu�lic; �by join in granting any easemen� or creating any restri�tian on the Real Praperty; and {c� jain in any
<br /> suhordina�ion vr other agreem�nt affec�ing this Deed of Trust vr the interest o�Lender under�his �eed ��Trust.
<br /> Trustee. Trustee shall meet ali qua�i�ications required far Trus�ee under applicabie �aw. In addition �� the rights
<br /> and remedies set for�h abo�e, with respect to all or any par� of �he Praperty, the Trustee shall ha�e �he right ta
<br /> �oreclose hy notice and sale, and Lender sha�� ha�e �he right to foreclose by judicial fvrec��sure, in ei�her �ase in
<br /> accardance w€th and to the full ex�en�pro�id�d by app�icab�e 1aw.
<br /> Successor Trus��e. Lender, at Lender`s option, may�rom tim�ta time appoint a successor Trust���� any Trustee
<br /> appointed under #his Deed a� Trust by an instrument execu�ed and a�knowledged �y Lender and re�orded in the
<br /> office o� the recorder of Ha�[ Caunty, State of Nebraska. The instrument sha�� contain, in addition ta ai� other
<br /> matt��s required by s�ate law, the names of the original L�nder, Trus�ee, and Trusta�, the baok and page �ar
<br /> comput�r system reference� where this Deed v� Trust is recorded, and the name and address of the successor
<br /> trus�ee, and th� instrument shall be executed and aGknowledged by all the �eneficiaries under this ❑eed af Trust or
<br /> their successors in interes�. The succ�ss�r trustee, without con�eyance �f the Property, shal( succeed to all the
<br /> title, power, and duties Con�erred upon the Trustee in this ❑eed o�Trust and by appli�able Iaw. This procedure far
<br /> suhstitution of Trustee shall go�ern to the exclusion of all other pr��isions fo�su�stitutian.
<br /> NQTICES. Any no�ice required ta be gi��n und�r this Deed af Trus�, including withQut limitat�on any no�ice ❑f defau�t
<br /> and any notice of sale shall be gi�en in writing, and shall be e�fecti�e when actually deli�ered, when actually recei�ed
<br /> by telefacsimile �unless❑therwise required by �aw}, when depasited wi�h a na�ionally recogni�ed o��rnight caurier, or, if
<br /> mailed, when depos�ted in �he �nited S�ates maif, as ��rst c�ass, �ertified ❑r regis�ered mail postage prepaid, direc�ed �o
<br /> the addresses shown near the heginning of this Deed o�Trust. A�� capies af notices of fore�losure from the holder of
<br /> any li�n which has priori�y o�er this Deed of Trust shall be sent to �ender's address, as shown near the beginning of
<br /> this D�ed of Trust. Any party may change its address �or no�ices under this Deed o� Trust by gi�ing formal written
<br /> noti�e to the other parties, specifying that the purpvse of the no�ice is to change the party's address. F�r not�ce
<br /> purposes, Trustor agrees �a keep Lender in'formed at a�l t�mes of Trustor's current address. Unl�ss atherwise pro�ided
<br /> or required by faw, ��there is more�han �ne Trustor, any noti�e gi�en by Lender to any Trus�or is d��med to be no�ice
<br /> g��en to all Trustars.
<br /> MlSCELLANE�US PR�V15iQNS. The following mis�ellaneous prv�isi�ns are a part o�this Deed o�Trust:
<br /> Amendments. This Deed o�Yrust, tagether with any Related Documents, constitutes the entire understanding and
<br /> agreement o#�he par�ies as tv the matters set �orth in this Deed of Trus�. No al�eration o�ar amendmen�to this
<br /> Deed of Trust sha�l be �ffe�ti�e unless gi�en in writing and s�gned by the par�y or par�ies s�ught t� be charged or
<br /> bound hy�he afteration ar amendment.
<br /> Annual Repor�s. If the Prop�rty is used for purpvses other than Trustor's resid�n��, Trustor shall furn�sh to
<br /> Lender, upon request, a certified statement of ner opera�ing incame recei�ed from the Property during Trustor's
<br /> pre�ious fiscal year in such form and deta�� as Lender sha11 require. "Ne'� operating inc�me" sha11 mean all cash
<br /> re�eip�s from the Praper�y less all cash expenditures made in cannectivn with�he apera�ion o�th� Property.
<br /> Cap�ion Headings. Caption headings �n this ❑eed of Trust are fo� con�enience purposes only and a�e nat t❑ be
<br /> used to interpre�or de�ine the pro�isions af�his Deed of Trust,
<br /> Merger. Th�re shall be no merger o��he interest ar estafie �r�ated by this Deed o�Trust with any o�her interest or
<br /> estate in the Property at any time h��d by or for the benefi�afi Lender in any capacity, w�thout the wri�ten consent
<br /> o�Lender.
<br /> Ga�erning Law. This ❑eed of Trust will be ga�erned by federa� �aw appli�ahle to Lender and, #a the extent nvt
<br /> preempted by federa� law,the iaws vf the S�fia�e vf Nebraska withvu�regard#o its conflic#s vf law prv�is��ns. Th�s
<br /> Deed of Trust has been accepted hy Lender in the S�ate of Nebraska.
<br /> Choi�e of Venue, lf there is a €awsuit, Trustor agrees upon Lender's request ta submit to the jurisdic�ion ❑� the
<br /> cou�ts o�Hall Coun�y, State a�Nebraska.
<br /> Joint and Several Liability. All oh#igations of Trustor und�r this Deed of Trust sha(� be jvint and se�eral, and a��
<br /> references tv Trustvr shall mean each and e�ery Trustor. This means that �ach Trustor signing below is
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