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2� 1 ��522�
<br /> C3EED �F TF�UST'
<br /> ��o�t�nued} Page �T
<br /> Deed af Trus�ar naw ar hereafter ex�sting at �aw or in equity or by statute. Every pawer or�emedy g��en by the
<br /> �red�t Ag�e�ment or any of the Rela�ed Dacuments to Trustee or Lende� ar to which ei�her of them may be
<br /> otherwise entitled, may be exerc�sed, cancurrently or independen��y, from time to �ime and as often as may be
<br /> deemed expedient by Trustee �r Lender, and either of them may pursue inconsis#en� remedies. Noth�ng �n this
<br /> Deed ❑f Trus# shall be construed as pr�hi�iting Lender from seeking a defci�ncy judgment against the Trust�r�to
<br /> the exten�such actian �s permi�ted hy�aw.
<br /> Ele�tian of Remedies. AIC of Lender`s rights and remedies wilf be cumuiative and may be exercised a�one or
<br /> �ogefher. If L�nder decides �o spend maney or to perform any of Trus�o�'s obligations under th�s Deed ofi Trust,
<br /> aft�r Trustor's faifure ta do sa, that d�cis�an by Lender wiEl not affect Lender's right�o de�lare Trus�or in de�ault
<br /> and to exercise Lender's remedies.
<br /> Request for Not��e. Trustor, on behai��f Trustor and Lender, hereby�equests�hat a copy of any Not�c� of Defauft
<br /> and a ctipy o�any No�i�e of Sale under this Deed of Trust be mailed to them at the addresses set for�h in the first
<br /> paragraph of th is Deed of Trust.
<br /> At#orneys' F�es; Expenses. If Lender ins�itutes any suit or action to enforce any of the terms of this Deed v�F
<br /> Trust, Lender shalf be�nti�led to recover such sum as#he c�urt may adjudge reasonable as atto�neys'fees at#rial
<br /> and upon any appeal. Whether ar n�t any court ac�ion is in�alved, and to the ex�en� no� p�ohibited by iaw, a�l
<br /> reasvnahle expenses Lender incurs tha# in Lender's opinion are necessary a� any time fo� the p�atect�on of its
<br /> in�erest�r�h�enforcement af its rights shafl b�come a part of the lndebtedness paya�le an demand and shalf bear
<br /> interest a� the Credit Agreemen� ra�e from �he date of the expendi�ure until repaid. Expenses cavered by this
<br /> paragraph incfude, withou�limitation, howe�er subjec�to any [imits under appli�able law, Lender's a�torneys' �ees
<br /> and Lender's (egal expenses, whether or no� �here is a fawsuit, including attorneys' �ees and expenses far
<br /> bankruptcy proceed�ngs ��ncluding e�Forts to modify or vacate any autornati�stay or in�unction}, appeals, and any
<br /> anticipa�ed post--judgmen# collection servi�es, the cast of search�ng records, obtaining title repa�ts �inc�uding
<br /> fo�eclosure repo�ts}, surveyors' reports, and appraisal fees, #itle insu�ance, and fees for�he Trus�ee, to t�e ex�en�
<br /> perm�tted by applicable faw. Trustor also will pay any caur��asts, in addi�ion to al!a�her sums prov�ded by law.
<br /> Rights of Trustee. Trustee sha11 ha�e afl of the righ�s and duties o�F Lender as se�for�h in this se�tian.
<br /> P�WERS AND QBLIGATIaNS �F TRLJSTEE. The f��low�ng pro�isians r�la�in� to the powers and ob�igati�ns of Trus�ee
<br /> are part of this Deed�f Trus�:
<br /> Powers of Trustee. In addit�on t�a!! powers of Trus#ee arising as a ma�ter af law, Truste�sha�l have�he power to
<br /> take �he following actions with respect ta�he Prope�y upon the written request of Lende�and Trus�or: ta}jo�n in
<br /> preparing and f�ling a map or pla� of�he Real Property, including the dedication o�streets or o�h�r rights to �he
<br /> public; (b} join in granting any easemen� ar creating any res�riction on the Rea1 Property; and �c} �ain �n any
<br /> subord�nat�an ar o�her agreement a�fecting this Deed o�Trust or the interest o�Lender under this ❑eed of Trust.
<br /> Trustee. Trus�ee sha�� meet all qualifiGations required for Trustee under appiicable law. in add�tion to the rights
<br /> and remedies s�� fo�th abo�e, wi�h respect ta a�� or any part ofi the Property, the Trus�ee shall have �he right to
<br /> foreclose by notice and sa[e, and Lender will ha�e the righ� to �oreclose by�udicia� foreclasure, fn either Gase �n
<br /> accardance with and ta�he�u�l extent provided by appli�ab�e law.
<br /> Successor Trustee. Lend�r, at Lender's option, may from time to�ime appoint a successor Trustee t❑any Trustee
<br /> app�inted under th�s Deed ❑�Trus� by an instrumen�executed and acknovvledged by Lender and re�orded �n the
<br /> office a'�the record�r of HALL Coun�y, State of Nebraska, The instrument sha11 can�ain, in addition ta all other
<br /> matters required by s�ate faw, �he names of the orig�na{ Lende�, Trustee, and Trustor, the book and page tor
<br /> �ompu�er sys�em reference} where this Deed af Trus� is �ecorded, and the name and address of �he successor
<br /> trustee, and the instrum�n�shal� be execut�d and acknowfedged by all the beneficiaries unde�this Deed o�F Trust or
<br /> their suc�essors in interest. The suc�essor tru�t�e, wi�hout �on�eyance o��he Property, shall succeed �o a�l the
<br /> title, pawer, and duties conferred upon�he Trustee in this Deed of Trust and by applicable [aw. This procedure fo�
<br /> substitution of Trustee shafl govern to the exc�usion o�all other pro�isions�or subs�itu��on.
<br /> N�TlCES. Any notice required to be gi�en under this Deed of Trus�, ineluding without lim�tation any notice o�defau[t
<br /> and any notice of sale shafl be given in wri�ing, and shall be effectEve when actualfy de��vered, when actuafly rece��ed
<br /> by te�e�acsimile (unless❑�h�rwis�required by law},when deposited wi�h a national�y recognized o�ernight courier, Qr, if
<br /> mailed,when deposi�ed in the United States mail, as fi�st cfass, ce�ti�ied or regis�ered maii postage prepaid, direc�ed tn
<br /> th� addresses shown near�he beginning ❑f this Deed of Trust. All copies af notices of fore��osure from the h��der of
<br /> any lien vuh�ch has priority over th�s D�ed ofi Trust shall �e sen�to Lender's address, as shown near the beginning of
<br /> this Deed a�Trust. Any person may change his or her address for notices under this Deed of Trus� by giving �ormal
<br /> writtien no�ice fio the other person or persons, specifying that the purpose o'� the no�ice is �o change �he person's
<br /> address. For notice purposes, Trustor a�rees'�o keep Lender informed at aI��imes of Trustar's cu�ren�address. Unless
<br /> othenn�ise pro�ided or required by law, if#here is more than one Trustor, any n�tice given by Lender to any Trustor is
<br /> deemed fo be notice given�o all Trustors. It wil� be Trus�or's responsibiiity to�e[I�he others o��he notice fram L�nder.
<br /> �iSCELLANEUUS PR�V�S��NS. Th�fiolfowing miscef�aneous pro�isions are a part o�th�s Deed of Trust:
<br /> ►4mendments. What is written in �h�s ❑eed o�Trust and in the Related Documents is Trustor's entir�e agr�ement
<br /> with Lende�concerning the matters cove�ed by this Deed a�Trust. Ta be eff�cf��e, any change or amendmen��a
<br /> this Deed of Trust must be in writing and must be signed by whoe�er will he bound or obligated by the change or
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