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2� 1 ��4592
<br /> DEED DF TRLJST
<br /> {C�nt�nued� Page �
<br /> per€vrmance o�any indebtedness or obligatians secured by�his Deed vf Trust and t��x�rcise all rights and pawers
<br /> undsr th�s Deed of Trust, und�r �he Note, under any of the Related D�cum�nts, or under any o�her agreement or
<br /> any laws norrv vr hereafter in farce; notwithstanding, some or all af su�h indebtedness and obligations secured by
<br /> this ❑eed of Trust may n�w or hereafter be o�herwise secured, whether by mortgage, deed of trust, pl�dge, lien,
<br /> assignment or vtherwise. Neither the accep�ance of this Deed �f Trust nor its en�orcemen�, whether by caur�
<br /> action or pursuan# to th� power af sale or other powers c�ntained in th€s Deed of Trus�, shall pre�ud�c� �r in any
<br /> manner affect Trustee's a� Lender's righ� to reali�e upnn or enforce any other security now ar h�rea�rter held by
<br /> Trustee or Lender, Ft�eing agreed tha�Trustee and Lender, and each o�them, shall be entitled to en�orce this ❑eed
<br /> o� Trust and any other security now or hereaf�er held k�y Lender or Trustee in such arder and manner as they or
<br /> either of them may in their absolute discretion de�termin�. No r�m��1y �on�erred upan or reserWed to Trustee or
<br /> Lender, is intended to be exc�usi�e of any ❑�her remedy in �his Deed o�Trust vr by faw pro�ided or permitted, but
<br /> each shall be cumulati�e and shall be in addition �o e�ery �ther r�m�dy gi��n in this Deed of Trust or now vr
<br /> her�a�ter exis�ing at law or in equity vr by statute. E��ry pawer or remedy gi�en by th� Note or any❑f the Related
<br /> Documents to Trustee o� Lend�r or to which ei�her nf them may b� oth�rwise entitled, may be �x��cised,
<br /> concu�rently or independent[y, from �ime to time and as of�en as may t�e de�med expedient by Trustee or Lende�,
<br /> and either of �hem may pursue �nconsis�tent remedies. Nothing in this Deed o� Trust shall be canstrued as
<br /> prohibiting Lender from seekin� a deficiency judgment against the Trustor to�he extent such activn is psrmitted by
<br /> law. Eiection by Lender to pursu� any remedy shall not excfude pursuit a� any other remedy, and an e�ection �❑
<br /> make expenditures or to take action to perform an abligatian of Trustor under this ❑eed af Trus�, after Trusta�'s
<br /> faifure to perform, shalf not a��ect Lender's r�ght to declare a default and exercis� �ts remedies.
<br /> Reques#for Nvtice. Trustor, on behalf o�T�ustor and Lender, herehy r�quests that a capy v�any Notice of ❑efau�t
<br /> and a copy o�any Noti�e of 5ale under this Deed o�Trust be mailed to them at�he address�s set forth in�he first
<br /> paragraph of this Deed of Trus�.
<br /> A�tarneys' F�es; Expenses. If Lender institutes any suit vr action t❑ enforce any vf the terms n� this Deed o�F
<br /> Trust, Lend�r sha�� �e enti�led to re���er such sum as the cvurt may adjudge reas�nable as attorneys' f�es a�triaf
<br /> and up�n any appeal. Whe�her or not any court a�tian �s in�ol�ed, and to �he extent nat prahit��ted by law, all
<br /> reasonal�le expenses Lender incurs that in Lender's op�nion are necessary at any time for the protectian of its
<br /> in�eres�vr the en�arcemen�of its righ�s shall bec�m� a part o��he Indebtedness payable vn d�mand and shall hear
<br /> in�erest at the N�te rate from the date of the expenditure until repaid. Expenses co�ered by this paragraph include,
<br /> without �imitativn, h�we�er subject to any �imits under appf�cab�� law, L�nder's at�orneys' �ees and Lender's legal
<br /> expenses, whether o� nat there is a lawsuit, incfuding attorneys' �ees and expenses for bankruptcy proceedings
<br /> {including effvrts t❑ modify or�a�a�e any automatic stay or injunction;, appeals, and any anticipated post-judgmen�
<br /> cv��ec�ion ser�ices, the cas� of searching recvrds, abtaining title �eports �inc�uding foreclosure reportsy, sur�eyors'
<br /> reports, and appraisa! f��s, title insurance, and �ees �or the Trustee, �o �he extent permi��ed by app[ica�le law.
<br /> Trustor a�so will pay any court costs, in addition�o all oth�r sums pro�id�d by faw.
<br /> Rights vf Trus�e�. Trustee shafl ha�e a��o�the �ights and duties vf Lender as set forth in this sec�ian.
<br /> P�'WERS AND �gL1GA�'I�NS DF TRUSTEE. The �ol�owing pro�isians relating �o�he powers and ob�igatians of Trust�e
<br /> are part of�his �eed❑�Trust:
<br /> Powers o�Trusteee In additifln to all powers vf Trustee arising as a matter o�faw, Trus�ee shaff ha�e the power to
<br /> take�he following actions with respec��o the Property upon th� written request vf Lender and Trustor: �a� join in
<br /> preparing and filing a map ar pla� of the Real Prvperty, incfuding the dedication a# stree�s or other rights ta the
<br /> public; �b� join in granting any easemen� ar creating any restriction on the R�a! Property; and ��� join in any
<br /> subordination or o�her agreement a�fecting this Deed of Trus�or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all quali�i�ativns r�quired for Trustee under applicable faw. In addition to the rights
<br /> and remed�es set �orth abo�e, with respect to a!I or any part of the Proper�y, the Trustee sha11 ha�e �he right to
<br /> fvreclose �ay notic� and sale, and Lender shall ha�e th� right �o foreclose by judicial �oreclasure, in �ither case in
<br /> accvrdan�e with and to the�uil extent pro�ided by applicable law.
<br /> Successor Trustee, Lender, at Lend�r's �ption, may�rom time tv time appaint a suc�essar Trustee ta any T�-ustee
<br /> appainted under �his Deed af Trust by an instrument executed and acknowledged by L�nder and rec�rded in the
<br /> off�ce of the recorder vf Hall County, State o� Nebraska. The instrument shall canta�n, in addition to all othe�
<br /> matters required by s�a�e law, the names o� the original Lender, Trus�ee, and Trustor, the book and page �or
<br /> �omputer syst�m r�f�rence� where this Deed vf Trust is recorded, and the name and address �f the successor
<br /> trus�ee, and the �nstrument shall be executed and ackn�w�edged hy al�the b�neficiaries under th�s ❑eed ❑f Trust or
<br /> �heir successars in interest. The suc�essor trustee, without �Qn�eyance o� the Pr�perty, shaff succeed tv all the
<br /> �itle, power, and duties con�erred upvn the Trus�ee in this ❑eed o�Trust and by applicable �aw. This prvicedure�or
<br /> su�stitution of Trustee shall go�ern to th�ex�lusion❑f all other prn�isions�o�substitut�an.
<br /> N�TICES. Any notice required t❑ �e gi�en under this Deed af Trus�, including with�ut fimitation any no�ice of de�au�t
<br /> and any not�ce of sale shall be gi�en in writrng, and shall be effecti�e when actually deli��r�d, when a��ually recei��d
<br /> by�el�facsimile {unless otherwise required by faw}, when deposited with a nationally reCognized o�ernight courier, �r, i�
<br /> mailed, when depasited in the United States mail, as first ��ass, �ertified or registered mail postage prepaid, direc�ed to
<br /> the addresses shown near the �eginning of this D�ed of Trust. Ail copies o� notices ❑f fvreclosure from the holder of
<br /> any lien which has priarity o�er �his Deed �# Trust shall be sent to Lender's address, as shawn near the beginning of
<br /> this ❑eed of Trust. Any party may change its address for nv�ices under this Deed o� Trust by gi�ing �armal wr�tten
<br /> no�ice to the other parties, specifying that �he purpose a� the no�ice is to change the party's add�ess. For notice
<br /> purposes, Trustor agrees to keep Lender informed at a�� times of Trustar's current address. Unless otherwise pro�ided
<br /> or �equired by faw, if there is more�han one Trustor, any nafiice gi�en �y Lender to any Trustor is de�med to be noti�e
<br /> gi�en to all Trustars.
<br /> M15GELLANEDUS PR�VISIDNS. The fo�lowing miscellanevus pro�isions are a part��this ❑eed of Trust:
<br /> Amendments. This Deed ❑f Trust, tagether with any R�lated Documen�s, constitutes�he entire unders�anding and
<br /> agr�ement o�the parties as �o �he matters set forth in this ❑eed af Trust. Nv altera�ion of or am�ndment to this
<br /> Deed �f Trust sha�l be e�fecti�e unless gi�en �n writing and sign�d by the party or par�ies saught�o be charged or
<br /> bound by the alteratian or amendmen�.
<br /> Annua� Repvrts. �f the Property is us�d for purpvses a�her than Trustor's residen�e, Trus�or shall furn�sh ta
<br /> Lender, upvn request, a certified statement o� nefi operating incvme re�ei�ed �rom the Property during Trustor's
<br /> pre�ivus f�scal year �n such #�rm and detail as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts#�am the Property less a�l cash exp�nditures made in cannec�ion with th�operation o�r the Property.
<br /> Caption Headings. Captivn headings in this aeed v� Trust are for �on�enience purposes only and are no� to be
<br /> used to interpret or define the pro�isions of this Deed Q�Trust.
<br /> Merger. There sha�1 be no merger of the �nt�r�st or estate �reated by�his ❑eed �f Trus�with any other interest�r
<br /> estate in the Praperty at any time held by or far the benefit nf Lender �n any capacity, wi�hout the written consen�
<br /> of Lender.
<br /> Go�erning Law. This Deed of Trus� w��! be go►rerned by #ederal !aw appli�abl� to Lender and, to �h� exten� not
<br /> preemp�ed by federa��aw,the laws o�#he S�ate of Nebraska withvut regard to its confli��s vf law pro�isions. This
<br /> Deed v�Trust has been a�cepted by Lender in the State vf Nebraska.
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