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2� 1 ��47�9
<br /> DEED �F TRUST
<br /> �Continued� �a�e 6
<br /> ac�ion or pursuant to the power of sale or ather pawers cantained in this ❑eed a�Trust, shali prejudice or in any
<br /> manner a��ect Trus�ee's or Lender's right ta realize up�n or en�orce any ather secur�ty nflw or hereaf�er held by
<br /> Trustee or Lender, it being agreed that Trustee and Len�er, and�ach o�them, sha�� he entifiled to enforce�his Deed
<br /> of Trust and any other security now �r h�r�aft�r he�d by Lende� or Trustee �n such order and r�anner as they or
<br /> eithe� o� them may in their absolute discret�on determine. No remedy conferred upon or reser�ed to Trustee or
<br /> Lend�r, is intended to be �xcfusi�e o�any other remedy in �his Deed o#Trust or by law pro�ided ar perr-�itted, but
<br /> ea�h shall be cumulati�e and sha�� be in addition to eUery �ther rerr�edy gi�en in �his ❑eed of Trust �r n�w or
<br /> hereafter exis�ing at law or in equity o�by statute. E��ry power or remedy gi�en by�he No�e or any of th� Refated
<br /> Documents to Trustee or Lender or to which ei�her of �hem may be otherwise enti�led, may be �xe�cis�d,
<br /> concurrently ar independent�y, from time to time and as �ften as may he deemed expedient by Trustee ar Lender,
<br /> and either of �hem may pursue in�onsistent remedies. No�hing in this ❑eed of Trus# shall be canstrued as
<br /> prohibi�ing L�nd�r from seeking a defiiciency judgment agains�the Trustor to the exten�such a�tian is perm��ted by
<br /> law. Elec�ivn by Lender to pursue any remedy shall nat exclude pursuit of any other remedy, and an e�ectian ta
<br /> mak� expenditures or t� take action to perfarm an o�ligatian af Trustar under �his Deed of Trust, after Trustor's
<br /> failure�v perform, sha�� not af�ect Lender's right tv declare a defaul�and exercise its rem�dies.
<br /> Request for Na�ice. Trustar, ❑n beha��of Trus�or and Lender, hereby reques�s that a capy of any Notice of De�aul�
<br /> and a copy of any Nvtic� a�Sa�� under this Deed vf Trust be mailed tv them at the addresses set farth �n the ��rst
<br /> paragraph of�his Deed of Trust.
<br /> Attvrneys' Fees; Expenses. lf Lende� �nst�tutes any suit or action to enforGe any of �he �erms of this Deed ❑f
<br /> Trust, Lender shall be entitled t� reca�er such sum as the court may adjudge reasonable as a��arneys' fees at trial
<br /> and upon any appeal. VVhether �r nvt any court action is in�o���d, and t❑ the extent not prohibited by faw, af�
<br /> reas�nab�� expenses Lender incurs that in Lender's opinion are necessary at any �ime for the prote��ion of its
<br /> interest or the enfarcement of i�s rights shall become a part❑�the [ndebtedn�ss payabl� on demand and shall bear
<br /> � interest at the Nafie rate from�he date of the expenditure untii repaid. Expens�s co�e�ed �y this paragraph include,
<br /> without limitation, howe�er sub�ect to any limits und�r applicabie law, Lender's attorneys' fees and Lender's legaf
<br /> expenses, whether ar not �here is a fawsuit, including attorneys' fees and expenses for bankrupt�y proceedings
<br /> �including e��o�fis�to modify or�aca�e any automati�stay or injunctiony, app�als, and any anti�ipated pos�-�udgment
<br /> collection ser�ices, the cost of searching records, abtaining title reports �inc(uding �orec�osure repor�s}, sur�eyors'
<br /> reports, and appraisa� fees, title �nsurance, and �ees �or �he Trustee, t� the extent p�rm�tted by applicable faw.
<br /> Trus�ar also wifl pay any caurt casts, in addi�ion�o all o�her sums pro�ided by law.
<br /> Ri�hts of Trustee. Trustee sha�l ha�e all vf the righ�s and duties of Lender as se�far�h in this sectivn.
<br /> PDWERS AND �BL�GATI�NS �F TRUSTEE. The following pro�isions relating �o �he powers and obligations v�Truste�
<br /> are part o�this Deed of Trust:
<br /> Powers v�Trustee. (n addition to aff pawers o�Truste� arising as a matter a�law, Trustee shall ha�e the pawer ta
<br /> take the fallawing ac�ions with respe�t ta the Property upan the writt�n request o� Lender and Trustor: �a� j�in in
<br /> preparing and �iling a map ❑r pla� of the Real Pr�perty, incfuding the dedication a� streets or other rights to the
<br /> public; �by �a�n in g�anting any easement or creating any restriction on the R�af Prope�ty; and �c} join in any
<br /> subordination or othe�agreement affecting�his Deed of Trus�or the in�erest of Lender und�r th€s Deed o�Trust.
<br /> Trus#ee. Trustee sha[f ineet a�! qualifications required for Trustee under appli�able law. In additian to the rights
<br /> and remedies se� forth abo��, w�th respect tv a�l or any part of the Property, �he Trus�ee shall ha�e the r�gh� �o
<br /> foreclose hy notice and sale, and L�nder sha�� ha�e �h� right ta fareclose by judicial fvreclosure, in either case in
<br /> accordance with and�o the full extent pro�ided by applicabie �aw.
<br /> Successor Trustee. Lender, a� Lender's vption, may �ram time to time appoint a suc�esso�Trustee to any Trust�e
<br /> appainted under this Deed of Trus� by an ins�rument ex�cuted and acknawfedged by Lender and recorded in the
<br /> o#fice of the recarder of Hall Caunty, State vfi Nebraska. The instrument shall cantain, in addition to all o�her
<br /> matters required by stat� law, the names af the original �ender, Trus�ee, and Trustor, �he book and page tar
<br /> c�mputer sys�em referen��� where �his Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the ins�rument shall be executed and acknow�edged by a��the bene�iciaries und�r this D�ed of Trust�r
<br /> their succ�ssors in interest. The successvr trustee, withvut c�n�eyance af the Property, shall succeed to all the
<br /> ti�le, power, and duties conferred upon the Trustee in this Deed of Trust and hy applicable law. This procedure for
<br /> su�stitution of�rustee sha�l go�ern tv the exclusion❑f all v�her pro�isians for substitution.
<br /> NnT10ES. Any nv�ice required to he gi�en under this Deed of Trust, including without limitativn any natice a�de�ault
<br /> and any notice of sale shall be gi��n in writing, and sha�! be e��ecti�e when actually deli�ered, when actuaify rece��ed
<br /> hy telefacsimile �unless o�herwis� required by law3, when deposited with a nationally recagnized oWernight couri�r, ar, i�
<br /> mailed, when deposited in the Uni�ed States mail, as fiirst class, certifi�d or reg�stered ma�� postage prepaid, directed ta
<br /> the addresses shown near the beginning of this Deed of�rust. All cvpies ❑f notices of for�closure ��om the holder ❑f
<br /> any Iien which has priority v�er this �eed af Trus� shall be sen� to Lender's address, as shown near �he beginning of
<br /> �h�s Deed of Trust. Any party may change its address for no�ices under this Deed of Trust by gi�ing formal written
<br /> notice ta the a�her parties, spe�i�ying �hat the purpose of the nvtice is to change the party's address. For not�ce
<br /> purpases, Trus�or agrees ta keep Lende� �n�arm�d at all times of Trustor's current address. Unless o�hervuise pro�ided
<br /> or required hy law, if�here is more than one Trustor, any nati�e g��en by Lend�r to any Trust�r is deemed to be notice
<br /> gi�en t❑ all Trustors.
<br /> MISCELLANEDUS PRnV1S1�NS. The follvwing miscellaneous pro�isions are a part vf this Deed o�Trust:
<br /> Amendments. This �eed o�T�ust, �o�ethe�w�th any Related Dacuments, constitutes the�ntire understand�ng and
<br /> agreement �f the parties as ta the matters set forth in this ❑eed of Trust. No alteration vf or amendment to this
<br /> ❑eed o�Trust shall be effec�iWe unless gi�en in writing and signed by �he party or parties svught ta be charged o�
<br /> �vund �y the a�te�atian or amendment.
<br /> Annual R�ports. I� the Prvperty is used fior purpases o#her than Trustor's residence, Trustor shall furnish fio
<br /> Lender, upon r�quest, a certified statement of net operating incame recei�ed from �he Pr�perty dur�ng Trustvr�5
<br /> pre�ious �iscal year in su�h form and detai� as Lender sha!! require. "Net operating in�ome" shall mean alf cash
<br /> receipts from the Property less all cash expenditures made �n conne�tion w�th�he ap�rativn of the Property.
<br /> Caption Head�ngs. Caption headings in this Deed of Trust are �or can�enience purpases on�y and are not to be
<br /> used�o interpret or def�ne the pro�isions af this Deed of Trust.
<br /> Merg�r. There shall #�e na merger o�the interest or estate �rea�ed by this Deed of Trus�wi#h any other intsrest�r
<br /> estat� in the Proper�y at any time held by or�or the bene�it a� Lender in any capacity, withaut�he wri��en consent
<br /> a�Lender.
<br /> Co►rerning Law. This Deed n� Trust will he gv�erned hy f�derat !aw appli�ab�e �o L�nder and, to the exten� nat
<br /> preemp�ed by federal law,#he iaws of the State vf Nebraska without regard to its confliCts of law provisions, This
<br /> Deed of Trust has been accepted by Lender in th�State❑f Nebraska.
<br /> Choi�e of Venue. If there is a lawsuit, Trustar agrees upon L�nd�r's request to submit to the jurisdiction of the
<br /> �ourts��Hai! County, 5�a�e of Nebraska.
<br /> No Wai��r hy Lend�r. Lender shall n�t be deemed to ha�e wai��d any rights unde��h�s De�d o#Trust unless su�h
<br /> wai�er is gi�en in writing and signed by Lender. N�d�lay or omission on�he part v�Lender in exercising any right
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