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2� 1 ��4�98
<br /> DEED �F TRLIST
<br /> �Contir7ued� Page �
<br /> performan�e of any indebtedness or obliga�ions secured by this Deed af Trust and t❑ exercise all rights and powers
<br /> under this Deed ❑f Trusfi, under the Note, under any of the Refated Documents, �r under any other agreement or
<br /> any �aws now or herea�ter in tvrce; no�withs�anding, some ❑r aii ❑f such indebtedness and obliga�i�ns secured by
<br /> �his Deed vf Trust may now or hereaf�er b� ❑�herwise secured, whether by mflrtgage, deed of�rus�, pledge, l�en,
<br /> assignment or �therw�se. Neither the ac�eptance �f this D��d o� Trust nor its en�orcement, whether by court
<br /> action ar pursuant to the power of sale ar ❑ther pawers contained in this Deed o�Trust, shall prejudice or in any
<br /> manner aff�ct Trustee's or Lender's right ta realiz� upon or enforce any other security naw or hereafter he�d by
<br /> Trustee or Lend�r, it being agreed tha�Trustee and L�nder, and �ach o�th�m, sha�� be�ntitled to enfvr�e this Deed
<br /> o� Trus� and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may �n the�r a�solute dis�re�ion determine. N� rem�dy conferr�d upan or reser�ed to Trustee or
<br /> Lender, is intended tv be exclusi�� of any v�her remedy in this Deed of Trust ar hy lav►r pra�ided or permitt�d, but
<br /> each shall be cumu[ati�� and shall be in addition to e�ery other remedy gi�en in this ❑eed of Trus� �r now o�
<br /> hereafter existing at faw or�n equity or hy sta�ute. E�ery power�r r�m�dy gi��n �y the Note or any of the Related
<br /> ❑ocuments t� Trust�e o� Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurren�ly or independently, from time to time and as oft�n as may be deemed expedient by Trus�ee or Lender,
<br /> and either of them may pursue inconsistent remedies. No�hing in this D�ed o� Trust shall be construed as
<br /> prohibiting Lender fram seeking a de�iciency judgmen�agains�th�Trus�or to the ext�nt such action is permitted by
<br /> law. Elec�ion by Lend�r to pu�sue any r�medy shall no�t exclude pursuit of any oth�r r�m�dy, and an electian to
<br /> make expenditures or to take act�on tn per#orm an obliga�ian of Trus�or und�r this De�d o� Trust, after Trustar's
<br /> �ai[ure to per�arm, shall not affect Lender's right ta dec�are a default and exer�ise its remedies.
<br /> Request�or Natice. Trus�or, fln behalf o�Trustor and Lender, hereby requests tha�a copy of any Notic� o#Default
<br /> and a copy o�any Notice of Sale under this Deed of Trust be mailed to them at the addresses set�orth in the first
<br /> paragraph of th€s ❑eed ❑f Trus�.
<br /> Attorneys' Fees: Expenses. ff Lender ins�i�u�es any suit or a�tion to enfiorc� any of the terms ❑f this D�ed of
<br /> Trust, Lender shaii be �nt�tled to reco�er such sum as the court may adjudge reasonable as attvrneys' fees at tr�a�
<br /> and upon any appea(. Whether or nvt any court ac�ion is in�al�ed, and to the extent not prohibi�ed by law, ali
<br /> reasanable expenses Lender incurs that in Lender's opinian are ne�essary at any time f�� �he protectian of its
<br /> inter�st or the enforcement of its rights shal� become a part of the Indebtedness payable ❑n demand and shall bear
<br /> interest at the Note ra�e frvm �he da�e ofi the expenditure unt�i repaid. Expenses co�ered by this pa�ag�aph in�lude,
<br /> without iimitati�n, howe�er sub�ec�to any limits under app�icab�e law, Lender's attorneys' �ees and Lender's legal
<br /> expenses, whether or nat there is a lawsuit, including att�rneys' �ees and expenses for bankrup�cy pr�ceedings
<br /> �including effarts t� m�d�fy or�a�ate any automa�ic s�ay�r injunctian7, appeafs, and any anticipated post-judgment
<br /> collection ser�i�es, the cost of searching records, obtaining title reports �including �orec�osure reportsy, sur�eyo�s'
<br /> reparts, and appraisal fees, �it�e insurance, and �ees �or the Trustee, t� the extent permitted by applicabl� law.
<br /> Trustor also will pay any cou�t costs, in additian to all ather sums pr��ided by law.
<br /> Rights o�Trustee. Trustee shall ha�e a��a��he rights and duties of Lender as set forth in this sectian,
<br /> PDVIJERS AND �3BL1GATfQNS �F TRUSTEE. Th� fallowing pro�isions relating to the powers and oh[€gations of Trus�ee
<br /> are par�of this Deed o�Trust:
<br /> Powers v�Trustee. In additivn to all powers of Trustee arising as a matter❑�law, Trustee shall ha�e the power to
<br /> take the foll�wing act�ons with respect tv the Proper�y upon the written r��uest of Lender and Trus�vr: �a} join in
<br /> preparing and filing a map or plat ❑f the Real Property, including th� dedication o� streets ❑r vther righ�s to the
<br /> pub�ic; �b� join in granting any easement or creating any restric�ion on the Real Prope�ty; and �c� join in any
<br /> subard�natian ar o�her a�reement affecting this Deed ofi Trus�or the in�erest of Lender under th�s Deed o#Trust.
<br /> Trustee. Trustee shall mee� all qualifications required �or Trustee under applicable law. �n addition to the righ�s
<br /> and remedies set forth a#�o�e, with respect to all or any part o� the P�operty, the Trustee shall ha�e the right to
<br /> foreclose by noti�e and sale, and Lend�r shall ha�e the right ta �forec�ose by �udicial �oreclosure, �n either �ase in
<br /> accordance with and ta the�ull extent pro�ided by applicable law.
<br /> 5u�cessar Trustee. Lender, at �ender's option, may from time to time appoint a suecess�r Trustee ta any Trustee
<br /> appointed under �his Deed o� T�ust by an instrumen� execu�ed and a�knowledged by L�nd�r and recorded in th�
<br /> office o� the recorder of Hall County, State o� N�#�raska. The instrument shall cantain, in addit��n to all o�her
<br /> ma�ters required by s�ate law, �he names of the origina� L�nder, Trustee, and Trus�or, the book and page �ar
<br /> compu��r sys�em re�erence� where this ❑eed af Trust is recorded, and the name and address of the successor
<br /> �rustee, and the ins�rument shal� be exe�uted and acknowledged by all �he beneficiari�s under this Deed of Trust or
<br /> their su�cessors in interes�. The successor truste�, without �an�eyance af the Property, shafl succ�ed to all the
<br /> title, pow�r, and dut�es conferred upan th�Trustee in this Deed ❑f Trust and by applicable �aw. This pr�cedure for
<br /> substitutivn of Trustee sha�l go�ern to�he exclusion❑f all other pro�isi�ns��r substitution.
<br /> N�TlGES. Any no#ice required to be gi�en under this Deed of Trust, including without #im�tation any na�i�e of defau�t
<br /> and any notice of sale shall be �i�en in writ�ng, and shall be effec�i�e when a��ually deli�ered, when actually recei��d
<br /> hy�elefacsimi�� {unless otherwis� requir�d by �aw}, when depvsited with a nationally recvgni�ed o�ernight courier, or, if
<br /> mailed, when deposited in the Uni�ed S�at�s maii, as �irst c�ass, certi�ied or registered mail pos�age prepaid, d�rected to
<br /> the addresses shown nea� the beginning of �his Deed o� Trust. AI� cop�es of notices o� fareclosure from th� ha�der of
<br /> any I�en which has priority o�er this Deed of Trust shall be sent t� Lender's address, as shawn near the b�ginn�ng of
<br /> this Deed of Trus�. Any party may change its address �ar no�ices under this Deed o� Trust by gi�ing �armal wr�tt�n
<br /> nvtice �o �he other par�ies, specity�ng �hat the purpose �f the notice is t❑ change the party's add�ess. For notice
<br /> purposes, Trustor agrees to keep Lend�r informed at al� t�mes of Trustor's current address. Unless ❑theruvise pro�ided
<br /> �r required by law, if there is more�han one Trustor, any notice g��en by Lender to any Trus�or is deemed to be notice
<br /> gi�en ta all Trustars.
<br /> MISCELLANE�US PR�VIS�DNS. The following miscellaneous pro�isions ar� a part��th�s Deed of Trus�:
<br /> Amendments. This Deed o�Trust, together wi�h any Rela�ed D�cuments, constitutes th� entire understanding and
<br /> agreement vf�he parties as to the matters set forth in this Deed of Trust. N❑ alt�rativn a�or amendment to this
<br /> Deed o�Trust shall be effecti�� unless g��en in writing and signed by the party or parties sought to be charged ar
<br /> bound by the aiteration or amendment.
<br /> Annual Repvrts. If the Praper�y is used for purpos�s oth�r than Trustor's residence, Trus�or shali furnish to
<br /> Lender, upon request, a certi�ied sta�ement �f net �perating income rec���ed fr�m the Property during Trustor's
<br /> pre�ious �is�al year in such form and detail as Lender shafl require. "Net operating incom�" shall mean afi cash
<br /> rec�ipts from the Property i�ss a�� cash expenditures made in connec�ion with�he operation o�the Prvper�y.
<br /> Caption Headings. Cap�ion headings in this Deed o� Trust are �or con��nience purposes onfy and are nat to be
<br /> used to interp�et❑r define the pro�isions o�th�s De�d a�Trust.
<br /> Merger. There shall be no merger of the int�r�st or estate created hy this Deed �f Trus�with any vther interest�r
<br /> es�ate in the Property a��ny time held by or�or the bene�it ❑� Lender in any capacity, without the written cansent
<br /> of L�nder.
<br /> GoWerning Law. This ❑eed of Trust will be go�erned by federal law applicahle to Lender and, �o the ex�ent nv�
<br /> preempted by federal law,the laws of tne 5tate o�Nebraska withaut regard to its Gon#��cts a#law pra�isions. This
<br /> Deed vf Trust has been a��epted by Lender�n the State of Nebraska.
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