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2� 1 ��4745
<br /> DEED �F TRUST
<br /> ��antinued� Page �
<br /> aG�ion �r pursuant to �he power ��sa�� ar ❑ther powers can�ained in �his Deed ❑�Trust, shall prejudice or in any
<br /> manner affect Trus�ee's or Lender's right to realize upon or enforce any other security now or herea�ter held by
<br /> Trustee o� Lender, it being agreed that Trustee and L�nder, and each�f them, shall be entitled�o entorce this Deed
<br /> of Trust and any other se�urity now or hereaf�er held by �ender or Trustee in such order and manner as they or
<br /> e�ther o� them may in the�r absoiute dis�re�ion de�ermine. Na remedy �on�erred upon or reser�ed to Trustee or
<br /> Lender, is in�ended to be exc�usi�e of any o�her remedy in �his Deed o�Trust or by faw pro�ided or pe�mitted, hut
<br /> each shall be �umulati�e and shall b� in addi�ion to e�ery �th�r remedy gi�en in this Deed �f T�ust or naw or
<br /> herea�ter existing at law or�n equity or by sta�ute. E�ery power or�emedy gi�en by the Note or any of the Rela�ed
<br /> Documen�s �� Trustee or Lender ar �a which either of them may be otherwise entitled, may he exercised,
<br /> Goncurrently or indep�ndently, trom time t� time and as a�ten as may be deemed expedient by Trustee or Lender,
<br /> and either vf them may pursue inconsis�en� remedies. Nothing in this Deed of Trus� shall be construed as
<br /> prohibiting Lender#rom seeking a deficiency judgment against the Trustor to the exten'�such action is permit�ed by
<br /> law. Election �y Lender to pursue any remedy shall no� exclude pu�suit ❑� any other remedy, and an election �o
<br /> make expenditures or to take actian ta perform an obligation ❑� Trustor under this De�d af Trust, after Trus�or's
<br /> fa��ure to perfarm, shall not a��ect Lender's right to declare a de�ault and exerc�se its remedies.
<br /> Request#ar Notice. Trustor, ❑n behalf of Trustor and Lender, hereby requests that a copy of any N�tice o�Default
<br /> and a copy of any Notice ❑f Sa�e under this ❑eed ofi Trust be mailed to them a�the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any sui� ar ac�ion to enforce any �f �he �erms �� this De�d of
<br /> Trust, Lender shall be entitled to reca�er su�h sum as �he caurt may adjudge reasonahle as a��orneys' �e�s at trial
<br /> and upon any appeal. Whether ar not any court a�tivn is in�ol�ed, and ta the extent not prohibited by �aw, all
<br /> reasonable expenses Lender incurs that in Lender`s opinion are necessary at any time for the pro�ection o� its
<br /> interest or th� en�orcement of€�s rights shall become a part o#the Indebtedness payable on demand and shall bear
<br /> interes�a�the Note rate�rom�he date of the expenditure unt�� repaid. Expenses co�ered by this paragraph includ�,
<br /> without �imitation, howe�er suhject to any limits under app�i�abie law, Lender's at�orneys' f��s and Lender's legal
<br /> expenses, whe�her ar nat there is a lawsui�, including attorneys' �ees and expenses f�r bankruptcy proceedings
<br /> �in�luding efforts ta mod��y or�aca�e any au�omatic stay or injunct�on}, appeals, and any anticipated pos�-�udgment
<br /> CaII�Cti�n 5er�ic�S, th� cost of searching records, obtaining title reports �including foreclosure reparts�, sur�eyars'
<br /> r�parts, and appraisal fees, titl� insurance, and �ees far the Trustee, �o the extent permitt�d by applicable law.
<br /> Trustar also will pay any caurt c�sts, in addition ta all o�her sums pra��ded �y �aw.
<br /> Rights of Trustee. Trustee shail ha�e all of the righ�s and duti�s of Lend�r as set�orth in�his section.
<br /> P�INERS AND �BL��ATf�NS DF TRUSTEE. The �ollowing pro�isians rela�ing to the pvwers and obligations o�Trustee
<br /> are part of this Deed of Trus�:
<br /> Powers of Trustee. In addi�ion to all powers o'�T�ustee arising as a ma��er of law, Trusfiee shal! ha�e the p�w�r to
<br /> take�he foflowing actions wi�h respec�t� the Property upon the written reques�of Lender and Trustor: �ay join in
<br /> preparing and �iiing a map or plat of the Real Prope�ty, inGluding the dedica�ion of streets or other rights ta the
<br /> public; �by join in grantin� any easemen� or creating any restr�ction on the Real Property; and �c� join in any
<br /> subordination or�th�r agreem�nt affecting�his Deed of Trust or th� int�rest o�Lender under this Deed of Trus�,
<br /> Trustee. Trustee shall meet aI€ qua����cations required for Trustee under app�€cable law. �n additian to the righ�s
<br /> and remed��s s�t forth abo�e, with respect t❑ all or any part of the Property, th� Trustee shall ha�e the right to
<br /> �oreclose by nvtice and sale, and Lender sha11 ha�e the righ� to �oreclose by jud�cial foreclosure, in either case in
<br /> a���rdanc� with and to�he�ull extent pro�ided by applica#�le law.
<br /> Successor Trustee. Lender, a� Lender's option, may from�ime ta time appoint a suc�essor Trustee to any Trustee
<br /> appain�ed under this Deed o# Trus� by an instrument �x�cuted and acknowledged by Lender and recorded in the
<br /> o��ice af the recorder o� Hall County, 5tate of Nebraska. The inst�ument shall �ontain, in addit�on ta all other
<br /> matters requir�d by state (aw, the names of the original Lend�r, Trustee, and Trustor, the bo�k and page �or
<br /> comput�r system reference� where this Deed of Trust is recorded, and the name and address of th� successor
<br /> trustee, and the instrument shall be exe�uted and acknowledged hy all�he b�neficiaries und�r this Deed of Trust or
<br /> '�helf SUGGE55Dr5 in interest. The successor trustee, w�thaut con�eyan�e of the Property, sha�� suc�eed to all the
<br /> ��t�e, power, and duties �on#erred upon the Trustee in this ❑eed o�Trust and by applicable law. This procedure for
<br /> substitution of Trustee shafl ga�ern to the ex�lusion of all a�her pro�isions�or suhstitution.
<br /> N�T�CES. Any notice required to be gi�en under this Deed of Trus�, including without �imitation any notic� a� defaul�
<br /> and any natice o�sale shall be gi�en in writing, and shail I�e effecti�e when ac�ually deti��red, wh�n ac�ually recei�ed
<br /> by telefacsimil� �unl�ss ofiherwise required by law�, when deposited with a nationally recognf�ed o�ernigh�courier, o�, if
<br /> mailed, when deposited �n the United 5�a�es mail, as first c�ass, ce�ti�ied or regis�ered mail pastage prepaid, directed to
<br /> the addresses shorrvn near the beginning af this ❑eed of Trust. AII copies ofi notices of farecl�sure �ram th� holder �f
<br /> any lien which has priority o�er �his Deed of Trus� shall he sen� ta Lender's address, as shown near the heginning �f
<br /> this ❑eed o� Trust. Any party may change its address �or notices und�r this Deed o� Trust by �i�ing formal written
<br /> no�iCe to the other parties, spe�ifying that the purpose of the no�ice is to change the party's address. For natice
<br /> purposes, Trustor agrees to keep Lender informed at a�l times af Trustor's �urren�address. Un�ess otherwise pro�ided
<br /> ❑r r�quired by law, i�there is more than one Trustor, any notice gi�en by Lender to any Trustor �s d�emed to be notice
<br /> gi�en to all Trus�ars,
<br /> MISCELLANEaUS PRDVISI�NS. The follvwing mis�ellaneous pro�isions are a part of this C3eed of Trust:
<br /> Amendments. This Deed vf Trust, togethe�with any Related ❑acuments, canstitutes�he entire understand�ng and
<br /> agreement o�the parties as to the matters set �orth in this ❑eed of Trus�. N� alteratian of ar amendment ta this
<br /> Deed of Trust shal� be effec�i�e unless gi�en in writ�ng and signed �y the party or parti�s sought ta be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. if the Praperty is used for purposes other than Trustar's residen�e, Trustar sna�� #urnish �o
<br /> Lender, upon request, a certified stat�ment of net opera�ing income recei�ed �rom the Proper�y during Trustor�5
<br /> pre�ious f�sca� year in such fiorm and deta�� as Lender shall require. "Net operating inCome" shall mean ail �ash
<br /> receipts from the Property less all cash�xpenditures made �n conne�tion with�he operatian�f the Property.
<br /> Caption Headings. Caption headings in this ❑eed af Trust are fo� �on�enience purposes ❑nfy and are n�t t� be
<br /> used t� interpret or define the pr���sions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest ar estat� created by this Deed o�Trust with any other interes�or
<br /> estate in th� Property at any�ime held by �r for the bene�it of Lender in any �apacity, w�thout the written consent
<br /> of Lender.
<br /> Gv�erning Law, This ❑eed of Trust will be gvverned by #ederai law applicable to Lender and, �o the extent no#
<br /> preemp�ed by federal iaw,the laws of the State of Nehraska wi�hvut regard to its confiic�s of law pro�isions. This
<br /> Deed of Trust has been ac�ep#ed by Lender in the S�a�e v�Nebraska.
<br /> Choice af Venue. lfi there is a lawsuit, Trus�or agrees upon Lender's request ta submit ta the jurisd�ction of �he
<br /> courts o�Hall �vunty, 5tate o�Nebraska.
<br /> Jvint and Se�eral Liabili�y. All vbligations o� Trustvr under this ❑eed ❑f Trust sha1� be joint and se�erai, and all
<br /> references to Trus�or shall mean each and ��ery Trustor. This means that each Trustar signing �e�aw is
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