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2� 1 ��4451
<br /> [�EEC� �F T'RUST'
<br /> ��ont�nued} �age �
<br /> the ex�ent such acti�n is permitted�y law.
<br /> Ele�tivn af Remedies. AI� of Lender's rights and r�medies will �e �umu�ati�e and may be exer�ised alon� ar
<br /> toge�her. I�Lender dec�des to spend money ❑r fo perform any of Trustar's obligatians under�his Deed a�f Trust,
<br /> af�er Trustor's failure �o do so, that decision by Lender wiff not af��ct Lender's righ�to declare Trus�or in defaul�
<br /> and to exer�ise Lende�'s remedies.
<br /> Reques#fvr No�ice. Trustor, on behalf�f Trus�or and Lender, hereby requests that a capy of any Na�ice of Default
<br /> and a copy of any Notice of Sale und�r this ❑eed ❑�Trust be mailed to them at�he addresses se�fo�kh in the f rst
<br />. paragraph of this Deed of Trust.
<br /> Attnrneys' Fees; Expenses. �� Lender inst�tutes any suif or ac�ion to enforce any of�he terms of th�s D�ed of
<br /> Trust, Lender shal! be enti��ed ta recover such sum as the cour�may adjudge reasonab(e as at�arneys' fees at trial
<br />. and upon any appeai. V1lheth�r �r nq� any court actian is in�afved, and �o the extent not prohibited by faw, afl
<br /> reasanable expenses L�nder incurs tha� �n Lender's opin�on are necessary a� any time �or the pro�ection af its
<br /> int�rest or�he enfarcemen�❑f its rights shalf b�come a par�❑f�he Indebtedness payab�e on demand and shalf bear
<br /> interes� a� the Credit Agreemen� rate from th� da�� o� the expendi�ure unti] repaid. Expenses covered by this
<br /> paragra�h include, with�ut Iimi�ation, howe�er subjec�to any I�mits unde�applicabl� law, Lender`s attorneys' fees
<br /> and Lender's lega� expenses, vuh��her or no� ther� is a lawsuit, in�luding attorneys' �Fees and expenses �or
<br /> bankruptcy p�oceedings �in�fuding efforts ta madify or vacate any automa#�c stay ar �njunctian}, appeals, and any
<br /> anticipated post-judgment col�ection services, fhe cost of searching recards, obtaining title repor#s �in�luding
<br /> forecfosure rep�rts}, surveyars' reports, and appraisa�fees, title insurance, and fees �or the Truste�, to the extent
<br /> permit�ed by app�icabfe law. Trus�ar also wif!pay any�our�costs, in add�t�on to a1f a�her sums provided by iaw.
<br /> Rights v�Trustee. Trustee shal� ha�e alf a��he rights and duties o�Lender as se�f�rth in�h�s sect�on.
<br /> PC]WERS AND OBLiGATlQNS �F TR!]STEE. The foElowing provisions relat�ng to the powers and obligations o�Trust�e
<br /> are part of�his Deed o�Trust:
<br /> Powers of Trus�e�. ln addition fa alf powers a�Trustee aris�ng as a matter a�law, Trustee sha�f have the paw�r to
<br /> �ake the folfowing actions with respe�t t❑�he Praperty upon the wri��en request of Lender and Trustor: (a}join in
<br /> preparing and fifing a map or piat of�he Real Pr�pe�ky, including the dedi�a�ion ❑'�streets or oth�r rights to fihe
<br /> ��ak�lic; �b} join in granting any easemen� or creating any restric�ion an fhe Real Prope�ty; and �c} jo�n in any
<br /> subardination or other agreement affecting this Deed o�Trust or the�nterest of Lender under this Deed o�Trust.
<br /> Trustee. Trustee shaf� mee� al� qualificati�ns required for Trustee under applicable �aw. In addition �o the rights
<br /> and remedies se� for�h above, with respec�to afl ❑r any par# of�he Property, the Trustee sha�� have the right ta
<br /> foreclase by n�t�ce and sale, and Lender wifl haWe �he right to �orec�ose by jud�cia� foreciosure, in either case in
<br /> �accordance w�th and ta#he fulf extent pro�ided by applicabfe law.
<br /> 5uccessar Trustee. Lender, at Lender's option, may from ��me ta time appoint a successar Trustee ta any Trustee
<br /> appoinfed under this Deed of Trust by an instrument execu�ed and acknowledged by Lend�r and r�carded in the
<br /> ❑�fice af the �ecorder o�HALL County, State ot Nebraska. The instrument shall con�ain, in addition t❑ a�( ❑ther
<br /> ma�ters requ�red by s�a�e law, the names of the arigina[ Lender, Trus�ee, and Tru��or, the book and page �or
<br /> campu�er sys#em reference} where this Deed of Trust is recorded, and the name and address of the su�c�sso�
<br /> trustee, and�he ins�rument shall be exe�u#ed and acknow�edged by al�the benefciaries under this Deed af Trust or
<br /> �heir successors in in�erest. The succ�ssor trus�ee, wi�hout conveyance o�the Praperty, sha�l succeed �o a�l �he
<br /> titfe, power, and d ut�es conferred upon the Trustee in th is ❑eed a�Trus�and by applicable law. Th�s pr�cedure for
<br /> subs�itu�ion ❑f Trust�e shafl go�ern�a the exclusion o�all o�her provisiQns far subst�tu�ion.
<br /> N�T10E5. Any no�ic� required to be given under this ❑eed af Trus�, including wE�haut]imitati�n any notice of de�auft
<br /> and any natice o�sale shall be given in wr�t�ng, and shall be effecti�e when actual�y defiver�d, when ac�ualfy received
<br /> by telefacsimile�unless�thenlvise required by law},when d�posi�ed wi�h a nationally rectignized o�ern�ght courier, ori if
<br /> ma�led,when deposit�d in th� LJnited 5tates mail, as frst class, certi��ed ❑r registered mail postage prepaid, di�ected ta
<br /> the addr�sses shown near the beginning ❑f this Deed of Trust. AI� capies a�nQtices o�foreclosure from the holder of
<br /> any lien which has priority ❑ve�this Deed of Trus�sha�l be sent �o Lender's address, as shown near fhe beginning of
<br /> this Deed ❑f Trust. Any person may chan�e his or her add�ess for natices und�r�his Deed �f Trust by giving formal
<br /> written notice to �he other person ar persons, specifying �ha� the purpose of the notiee is to change the persan`s
<br /> address. F�r na�ice purposes, Trustor agrees to keep Lender informed at alf fimes of Trustor's current address. Unless
<br /> o�henrvise provided or requi�ed by law, i��h�re is more than ane Trustor, any natice g�ven by Lender to any Trus�or is
<br /> deemed to be no��ce gi�en�o alf Trus�ors. I�wiff be Trust�r's respons�bEfi�y to�el�the o�hers af the not�ce from Lender.
<br /> M�SCELLANE�US PR�V�SIQNS. The follaw�ng miscellaneous provisi�ns are a part o�F�h�s Deed of Trus�:
<br /> Amendm�n�s. Wha� is written in #his Deed of Trus� and in the R�ia�ed Documents is Trusto�'s enti�e agreem�n�
<br /> with Lender con�erning the ma�ters cover�d by this Deed o�Trust. To be effecti�e, any change o�am�ndm�nt ta
<br /> this Deed o�Trust mus�be in writ�ng and must be signed by whoever wili �e bound or ob�igated by the change or
<br /> amendmen#,
<br /> Captifln Headings. Caption headings in #his Deed a'�Trust are for Gonvenien�e purposes onEy and are not �� be
<br /> used fio interpre�or define the provisions a�this Deed o�Trus�.
<br /> Merger. The�e shal� he no merge��f the interes�vr estate created by this Deed❑f Trus�with any o�her in�e�est or
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