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2� 1 ��5154
<br /> �EE�a �F -rRus�r
<br /> €�ont�nued� Page ?'
<br /> Deed of T�usf or now or hereafter exis�ing at iaw or in equity or by s�atute. Every power ar remedy given by �he
<br /> Credit Agreemen� ar any o� the Related Documents �� Trustee or Lender or to vuhich e�ther of them may be
<br /> otherwise entit�ed, may be exercis�d, concurrently or� independen�ly, from time ta time and as often as may be
<br /> deemed expedi�nt by Trustee ❑r Lender, and e�ther of them may pursue inconsistent remedies. Nothing in �hES
<br /> Deed ❑�F Trust shafl be cons�rued as prahibiting Lender f�om s�eking a deficiency judgmen�against the Trustor to
<br /> the extent such ac�ion is permit�ed by law.
<br /> E�ection a� Remed�es. Ail of Lender's righ�s and remedies wi�l �e cumulati�e and may be exer�ised a��ne or
<br /> toge�her, !f Lender decides to spend money or to perfarm any of Trustor's obligations under this Deed flf Trust,
<br /> after Trustor's faifure ta do so, that decision by Lender will not affect Lender's right�o declare Trustor�n defaul�
<br /> and to exe�cise Lender's remedies.
<br /> Reques't for Na#�ce. T�ustor, on behalf af Trustor and Lender, hereby requ�s�s that a copy o�any Na�ice of❑efault
<br /> and a copy of any Notic� of Sa�e unde�this ❑eed of Trust be mailed�o them at the addresses s�#forth in the firs�
<br /> paragraph of this D�ed af Trust.
<br /> Attorneys' Fees; Expenses. !f Lender ins�itutes any suit or action ta enforce any o� th� �erms ❑f this ❑eed o�
<br /> Trus�, Lender shal� be entitled fo reco�er such sum as the court may adjudge reasonab�e as a�torneys'fees at tria�
<br /> and upon any appeal. V1lhether or not any �aurt ac�ion is �nvol�e�, and �o the extent not prohibited by law, a11
<br /> reasanab�e expenses Lender in�urs tha� in Lender's opinion are ne�essary at any time far the protectian of its
<br /> interest or the enforcement�f its r�ghts shall become a part of the lnd�btedness payahle on demand and shall bear
<br /> � �nterest at #he �redit Agreement rate from the date of th� expendi�ure untii repaid. Expenses co�ered by this
<br /> paragraph include, without Iimitation, howe�er subj��t to any limits under appl�cable law, Lender's at�orn�ys' �ees
<br /> and Lender's legal expens�s, whether or not th�re is a lawsuit, including attorneys` fees and expenses for
<br /> bankrup�cy proceedings �including efForts to modify or�acate any au�omatic stay ar injunc��on�, appeals, and any
<br /> an�icipated past--judgment co�lectian services, �h� cos� a� searching records, obtaining title reports �including
<br /> fareclosure reports}, surveyors' reports, and appraisal fees, �i�f� insurance, and fees for the Trustee, to the ex�ent
<br /> pe�mitted by appli�ab�e faw. Trus�or alsa will pay any court cos�s, in addition to a!I o�her sums provided by law.
<br /> Rights vf Trus#ee. T�ustee shali have af�of the rights and duties�f Lender as set fo�th in this sec�i�n.
<br /> P�1J�JERS AND QBLIGATi�NS �F TRIJSTEE. The following prflvisions relating to the pawers and obligati�ns of Trus�ee
<br /> are part of this Deed of Trust:
<br /> P�wers of Trustee. �n addition to alf powers of Trustee aris�ng as a ma��er o�law, Trustee shal� haWe the power to
<br /> take the fo�iowing actions with respect to the Property upon the written reques#o�Lender and Trusfor: �a}join in
<br /> preparing and filing a map or p�at af the Rea� Property, including �he dedi�ation of st�eets or other rights to the
<br /> pub[ic; (b} join �n granting any easement ar creating any restrict�on �n the Rea1 Praperty; and tc} �oin in any
<br /> subordination ar other agreement affec�ing this Deed of Trus�or the in�eres���Lender under this ❑eed of T�ust.
<br /> Trus�ee. Trustee shafl mee� all qualifications required �or Trustee under appficab�e law. �n addition to the rights
<br /> and remedies set for�h above, with respec�ta all or any par� of the Property, the Trus#ee shaf� have �he right to
<br /> forecfose by natice and sale, and Lend�r wi�l have �he ri�ht ta foreclose by judicial fnreclosure, in e�ther cas� in
<br /> acco�dance with and to�he�uli extent pra�ided by applicable law.
<br /> Successor Trus�ee. Lender, a�Lender's op�ion, may from time to time appoint a successar Trustee�o any Trus�ee
<br /> appoin�ed under this Deed ofi Trus� by an instrument executed and acknow�edged by L�nder and recorded in the
<br /> affice o�F�he recorder o�HALL County, S�ate of Nebraska. The instrumen� sha�l contain, in addi�ion to all ather
<br /> mat�ers required by sta�e law, the names o� �he ❑riginaf Lender, Trus�ee, and Trus#or, the baok and page �or
<br /> computer system reference} where this Deed o� Trust is reco�ded, and the name and address o�F the successor
<br /> trustee, and the ins�rument shall he exe�uted and acknow�edged by all the beneficiaries und�r�his Deed o�Trust or
<br /> thei�-succ�ssors in inter�st. The successor trustee, without conveyance of�he Property, shall succeed to all the
<br /> title, power, and duties con�e�red upan�he Trustee in this Deed o�Trust and by app�icab€� iaw. This procedure fo�
<br /> substitu�ion a�T�usfee shafl go�rern to the exclusion o�ali o�he�pro�isions for substifution.
<br /> NDTICES. Any no�ice required to be given under this Deed of Trust, including withau� limitafion any notice o�default
<br /> and any noti�e af sa�e sha11 be given in writing, and shail be effecti�e when actually deli��red, when actual�y received
<br /> by te�efacsimile �unless atherwise required by ��w},when dep�sited with a nationalfy rec4gnized o�ernight courier, o�-, if
<br /> mailed,when deposited in the Un�ted States mail, as frst �lass, certi�ied o�registered mai� pos�age prepaEd, directed to
<br /> the addresses shown near the beginning o�this Deed a�Trus�. All ��pfes o�notices o�f�re�losure f�om the ho�der of
<br /> any lien wh�ch has priority over th�s ❑eed of Trust shall be sen��o Lender's address, as shown nea�the beginning of
<br /> �his Deed o�T�ust. Any person may change his or her address for notices under#h�s Deed �f Trust by giving �ormal
<br /> written notice to the other person or persons, specifying �hat the purpose of the notice is to change the person's
<br /> address. Far no�ic�purpases, Trustor agrees to keep Lende�infarmed a�all times o�Trusfor's current address. Unless
<br /> atherwise pravided or requ�red by �aw, if there is more than one Trustor, any natice given by Lender to any Trus�or is �
<br /> , deemed�o be notice gi�en fa all Trustors. It wif! be Trustor's responsibility�a tell the others of the nati�e from Lender.
<br /> MISCELLANEUUS PR�V�SIC3NS. The folfowing miscellaneous pro�is��ns are a par�of this ❑�ed of Trust:
<br /> Amendments. What is written in this Deed af T�ust and in the Related Documents is Trustor's entire ag�eement
<br /> with L�nder concerning the matters co�ered by this ❑eed fl�Trust. To be ef�ec�ive, any change or amendmen�to
<br /> this Deed of Trus�must be in writing and must be signed by whoe�er wilf be bound or oblfgated by�he change or
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