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2� 1 ��5474
<br /> DEE� �F TRUST
<br /> �Contir�ued� Pa�g s
<br /> assignment or otherwise. Neither the ac�eptancs o� this Deed of Trust nor its enforcement, whether by court
<br /> actian or �ursuant to the power o#sale vr vther powers contained in this aeed of Trust, shall prejudice or in any
<br /> manner af#ect Trustee's ar Lender's right to reaiize upon ar enforce any other se�urity now vr hereafter held by
<br /> Trustee or Lender, �t he�ng agreed that Trustee and Lender. and each ort them. shall be entitled ta enfor�e this Deed
<br /> of Trust and any vther se�urity now or hereafter held by Lender ar Trustee in su�h order and manner as th�y ar
<br /> either of them may in th�ir absolute discretion determine. No remedy conferred upon or reser�ed to Trustee or
<br /> Lender, is intended�o be exc�usi�� of any other remedy in this ❑eed ❑f Trust vr by �aw pro►►ided ar perm�tted, but
<br /> each sha11 be cumulati�e and shall be in additian to e�ery oth�r remedy g+�en in this ��gd of Trust or naw vr
<br /> hereafter�xisting at law or in equity or by statuts. E�ery power or remedy gi�en by the No#e ar any of the Related
<br /> Documents ta Trustee or Lender or to which either of them may be �therwise entitled, may be exercised,
<br /> �oncurrently or indep�ndentiy, from time to time and as often as may be deemed expedient by Trustee ar Lender,
<br /> and eithsr of them may pursue 'rnconsistent remedies. Nothing in this ❑sed vf Trust shall be construed as
<br /> �d�rohibiting Lender from seeking a deficiency judgment against the Trus#or ta the extent such action is p�rmitted hy
<br /> law. Electian by Lender to pursue any remedy shal� not exclude pursuit of any other remedy, and an e�ection to
<br /> make expenditures or t� take action to perform an obligativn of Trustor under this ❑eed of Trust, after Trustor's
<br /> failu�e to perform,shall not af�ect Lender's right to declare a d�fault and exer�ise its remedies.
<br /> Requast for Notice. Trustvr, on behalf of Trustor and Lend�r� hereby requests that a�apy af any Nvtice af Default
<br /> and a�opy❑f any Notice af 5ale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of th�s Deed of Trust.
<br /> Att�rnsys' Fees: Expen:es. I# Lender ins#i#utes any suit vr action to enfvrce any of the terms ❑f this Deed a#
<br /> Trus�, Lender shall be entitled to reco��r such sum as the court may adjudge reasonahle as attorneys' fees at trial
<br /> and upvn any appea�. Whether or not any �vurt action is in�of�ed, and #o the extent nat prohihit�d by faw, all
<br /> reasonable expenses Lender incurs that in Lender's apinion are necessary at any time for the protection of its
<br /> interest❑r the enfar�ement vf its rights shall hecome a par�vf the Indehtedness payable vn demand and shali bear
<br /> interest at the Note ra#e from the date of the expend�ture until repaid. Expenses ca�ered by this paragraph in�lude,
<br /> without limitation, hvwe�er subject ta any limits under applicable law, Lender's attorneys' fees and Lend�r's legal
<br /> expenses, whether or not there is a lawsuit, including a#torneys" fees and expenses far bank�upt�y proceedings
<br /> tincluding efforts to modify or�acate any automatic stay or injunction}, appeals. and any�nticipated post-judgment
<br /> collection ser�ices, the cost of sesrching records, vbta�ning title reports �including �oreclosure reportsf, sur�eyors'
<br /> repv�ts, and appraisal fees, title insurenCe, and �ees �or the Trustee, tv the extent permitted by applicable law.
<br /> Trustor also will pay any court c�sts. in addition to all vth�r sums pro�ided by iaw.
<br /> Rights af Trustae. Trustee shall ha�e all of the r�ghts and duties of Lender as set forth in this section.
<br /> P�WERS AND QBLiGATIDNS �F TRUSTEE. The fallowing pro�isions relating to the pawers and oblig�tions of Trustee
<br /> are part v�this Deed vf Trust:
<br /> Pvwers of Trustee. in addition tv a�l powers�f Trustes arising as a matter af law, Trustee shall ha�e the power t❑
<br /> teke the�vllaw�ng actians with resp�ct to the Property upon the written request of Lender and Trustvr: �af join in
<br /> preparing and filing a map vr plat of the Re�l Praperty, including the dedi�ation �f streets or vther rights tv the
<br /> public; thf join in granting any easement or creating any restrictivn ❑n the Real Property; and �c� join En any
<br /> subordinativn or other agreement a#�ecting this Deed❑f Trust ar the interest of Lend�r under this Deed of Trust.
<br /> Trustes. Trustee shall meet all qualifi�ations required #vr Trustee under �pplicable law. In add+tian to #he rights
<br /> and remedies set ft�rth abo�e, with respect to all ar any part of the Property, #he Trustee shall ha�e the ri�ht #o
<br /> f�reclose by notice and saie, and Lender ahall ha�e the right to foreclvse �y judicial fvreclosure, in either case in
<br /> a�cardance with and ta the full ext�nt provided by applicable 1aw.
<br /> Su��essvr Trustee. Lender, at Lender's optian� may from time to tim� appoin�a success�r Trustee to any Trustee
<br /> appvinted under this �eed of Trust by an Enstrumsnt executed and acknowledged by Lender and recorded in the
<br /> office af the recvrder of Hall �vun#y, State af Nebraska. The instrument shall cantain, in additi�n to all ather
<br /> me�ters required by state law, the names vf th� origina� Lender. Trustee, and Trustar, �he book and pag� �or
<br /> computer system reference� where this Deed o# Trust is r�corded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and ecknvwledged k�y a!1 the beneficiaries under this Deed o#Trust or
<br /> their successors in interest. The successar trustee� without can�eyance of the Prvperty. shell succeed to all the
<br /> title� power. and duties conferred upon the Trustee in this Deed of Trust and by appliceble�aw. This procedure for .
<br /> subs#i#utivn af Trustee shall go�ern to the exclusion of all other prv�isivns for substitution.
<br /> N�TICES. Any notice required to be gi�en under this Deed ❑f Trust, in�luding without limitation any n�tice v�d�fault
<br /> and �ny nv�ice of sale shail be gi�en in writing, and sha�l be effecti�e when actuafly de�i�ered, when a�tually recei�ed
<br /> by telefacsimile �un�ess ntherwise requ�red by�awj, when deposited with a nativnaiiy recognized a�ernight c�urier, or, if
<br /> meiled, when depvsit�d in the Unitsd S#ates mail, �s first class, certified or registered m�il pvstage prepaid, d+�ected t�
<br /> the addresses shown near the beginning of this �ged of Trust. All capies of notices vf fore�losure fram the holder of
<br /> sny lien which has priority a�er this Desd of Trust shall be sent to Lender's add�ess, as shown ne�r the beginning of
<br /> th�s �eed o� Trust. Any party m�y change its address fvr notices under �his Deed vf Trus� by gi�ing formal written
<br /> notice �o thg ather parties� speci�ying that the purp�se of the notic� is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise pr��ided
<br /> or required by law, if ther� is more than one Trustor, any notice gi�en by Lender t�any Trustor is deemed ta be natice
<br /> gi�en to all Trustors.
<br /> AAISCELLANE�US PRQV151�NS. The following mis�elfaneous pro�is�ons are a part❑f this Deed vf Trust:
<br /> Amsndm�rrts. This ❑eed of Trust,together wfth any Re�ated Documents. cvnstitutes the entire und8rstanding and
<br /> agreement of the par#ies as tv the matters set forth in this Deed af Trust. No altereti�n of or amendment t❑ this
<br /> ❑eed of Trust shall b� effecti�e unless gi�en in writing and signed by the party or parties saught to be charged or
<br /> bvun�by the alteration or amendment.
<br /> Annual Reports. if the Property is used for purposes ather than Trustar's residence, Trustar shall furnish ta
<br /> Lender. upon request, a certified statement of net oper�ting in�vme recei�ed from #h� Prvperty dur+ng Trustor`s
<br /> pre�ivus fiscal year in such form and detail as Lender shal� require. "Net operating income" shall mean all cash
<br /> receip#s#�om ths Property less all cash expenditures made in connection with the operation of the Praperty.
<br /> Cap#ion Headings. Caption h�adings in this D�ed of Trust are for con�enience pu�pases anly and are not ta be
<br /> used tv interpret or de#ins the pro�isions vf this Deed vf Trust.
<br /> Merger. There sha11 be no merger❑f th� interest or estate created by this Deed vf Trust with any other interest vr
<br /> estate in the Prvperty at any time held by vr for the benefit of Lender in�ny�apacity. without the written�onsent
<br /> of Lender.
<br /> Go�erning Law. This Deed nf Trust w�l! �e ga�erned by federa! law app�icabls to Lander and, to the extent not
<br /> preemp#ad hy federal law,the laws of the Stete of Nabraska wrthaut regard ta ita cvnflic#s af law pro�isians. This
<br /> Deed of Trust has been accapted by Landar in the Stete of Nebraaka.
<br /> Choica v#Venue. If there is a lawsuit, Trustor agre�s upon Lender's request to suhmit to the �urisd�ctian v#the
<br /> courts of Hall Caunty, 5tate of Nebraska.
<br /> Jvint and Se�eral Lia#si#ity. All obligations of Trusto� under this Deed of Trust shall be �oint and se��ral, and all
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