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2� 1 ��5477
<br /> DEED DF TRUST �
<br /> �C�ntinued� page 6
<br /> assignment or otherwise. Neith�r the acceptance of this De�d �f Trust nor its en�orcement, whether hy court
<br /> a�tivn vr pursuant to the power�f sale ar other powers contained in this De�d of Trust, shall pre�udice or tn any
<br /> manner affect Trustee's or Lender's right tv realize upan or enforce any ather securi�y now or hereafter heid by
<br /> Trustes or Lender, it being agreed that Trustee and Lender, and each af them, shall be entitled to enfflr�e this ❑eed
<br /> of Trust and any othsr security nvw ❑r hereafter heid by Lender vr Trustee in such order and manner as they or
<br /> either of them may in their absnlute discretion dete�m�ne. N� remedy conferred upon or reser►►ed to Trustee vr
<br /> Lender, is intended to be exciusi�e of any other remedy in this aeed of Trust or by law pro�ided vr permitted, �ut
<br /> each shall be cumulati�e and shall he in addition ta e�ery ❑ther remedy gi�en in this Deed af Trust or nvw or
<br /> hereafter existing at iaw�r in equity or t�y stetute. E�ery power or remedy g��en by ths Nvte or any of the Rela�ed
<br /> Dvcuments to Trus�ee or Lender ar to which either af them may be atherwis� entitled, may be exercised,
<br /> concufrentiy or independently, from time to time and as o�ten as may be deemed expedient by Trustee or Lender,
<br /> and either �f them may pursue incvnsistent remedies. Nothing in this Deed of Trust shall be canstru�d as
<br /> prohibiting Lender from seeking a deficiency judgmen#against the Trustar ta the exten�such activn is permitted by
<br /> law. Eiection by Lender tv pursue any remedy shail not exclude pursuit of any othgr remedy, and �n election to
<br /> make expenditures or ta take action #o per#orm an ob�igativn of Trustor und�r this Deed of Trust, after Trustor's
<br /> failure to perform� shal�nat affect Lender's r�ght to declare a defau�t and exercise its remedies.
<br /> Request for Notice. Trustar, vn hehatf of Trustvr and Lender, he�e#�y requests that a cvpy vf any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of T�ust.
<br /> Attorneys' Fees; Expensas. If Lend�r institutes any suit vr action to enforce any of the terms of this Deed of
<br /> Trust, Lender she11 be entitled tv reco�er su�h sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal, Whether or nvt any court a�tion is in�ol�ed. and ta the extent nat prohibited by law. a!!
<br /> reasonahie expenses Lender incurs that in Lender's apinion are necessary a� any time for the pr�#ection of its
<br /> interest o�the enfvrcement of its rights shal! become a part of the �ndebtednsss payabie vn demand and shall bear
<br /> �nterest at the Note rate from the date❑f the expenditure until r�paid. Expenses co�ered hy this paragraph inc�ude�
<br /> withvut limita�ion, howe�er suh�ect to any limits under appli�able law� Lender's attarneys' #ees and Lender's legal
<br /> expenses, whether or nvt there is a lawsuit, including attorneys' fees and expenses f�r bankruptcy proceedings
<br /> �including efforts tv modify�r�acate any automatic stay ar injunctiony, appeals, and any anticipated pvst-ludgment
<br /> coiiectian ser�icss, the cast of searching records, obtaining title reports �including foreclosure reportsy, sur�eyvrs'
<br /> reports, and appraisal fees, title insuran�e, and fees f�r �he Trustee. ta the extent permitted by applicable law.
<br /> Trustor also will pay any court costs, in additivn ta all other sums pro��ded by law.
<br /> Rights vf Trustea. Trustee shall ha�e a��of the rights and duties of Lender as set forth in this section.
<br /> P�WERS AND�BLIGATIaNS �F TRLJSTEE. The fv!lvwing pro�isions reiating to the powers and obligations af Trustee
<br /> are part of this Deed of T�ust:
<br /> Powers o�Trustae. In addition to all powers of Trustee arising as a matter of law, Trustee shal# ha�e the pow�r to
<br /> take the fv�lowing actions with respect to the Prvperty upon�he wri#ten request of L�nder and Trustvr: �a) jvin in
<br /> preparing and filing a map or pla� af the Real Prope�ty, including the d�dication of streets or o�her rights ta the
<br /> puhlic; tb� join in granting any easement ar creating any restriction on the Real Property; and tcy �a�n in any
<br /> subvrdination or othe�agreemen#affecting this Deed af Trust or the inter�st of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualificat�ons requir�d �or Trustee under applicable law. In additi�n to th� rights
<br /> and remedies set farth abo�e, with respe�t ta all or any part of the Prvperty. the Trustee shall ha�e the right to
<br /> fvreclose by natice and sale, and Lender shall ha�e the right to foreclase by judicial foreclasure, in either case in
<br /> accordan�e with and to the#uli extent pro�ided by appli�ahle law.
<br /> Successor Trustee. Lender, at Lender's option, may#rom time tv tims appaint a successor Trustee ta any Trustee
<br /> app�int�d under this Deed af Trust by an instrument executed and acknowledged hy Lender and recorded in the
<br /> office of the recvrder oi Hal1 Cvunty, State of Nel��aska. The instrument shall conta�n, in additian tv all other
<br /> matters required by state law, the namss vfi the ariginal Lender, T�ust�e, and Trustor, the book and page ��r
<br /> computer system re#erence� where this Deed af Trust is re�orded, and the name and address of the successor
<br /> trustee, and the instrument shail be executed and acknowledged by all the�enefici�ries under this Deed af Trust or
<br /> th�ir successars in interest. The successvr trustee. wi#hout con�eyance of the Property, shal! succeed ta all the
<br /> title, pvwer, and dutiss�onferred up�n the Trustee in this ❑eed of Trust and by appliGable law. This procedure�or
<br /> subst+tutivn of Trus�ee shall go�ern to the exclus�on❑f all other pro�isions�or substitution.
<br /> N�TICES. Any nvtice requi�ed to he gi�en under this Deed of Trust, including withaut lim'rtation any nvti�e of default
<br /> and any notice of sale shall be gi�en in writing, and shall be e#fecti�e when actuel�y deli�ered, when a�tually recei�ed
<br /> by teleiacsimile �un�ess otherwise required by lawy, when depvsited with a natianally recognized o�ernight caurier, or, if
<br /> mailed, when deposited in#he United 5tates mail, �s first class, certifi�d or registered mai� postage prepaid, directed tv
<br /> the ad�resses shown near the beginning t�f this Deed o#Trust. Aii copi�s of notices of foreclosur� from the holder af
<br /> any lien which has priarity o►►er th�s �eed of Trust shall be sent to Lender's address, as shown near the beginning v#
<br /> this ❑eed of Trust. Any party may change its address for notices under this Deed of Trust �y gi�ing farmal written
<br /> notice to the other parties� specifying that the purpose of the natice is ta change the party's address. For noti�e
<br /> purposes, Trustor agrees to keep Lender infvrmed at all times o�Trustvr's current address, Unless otherwise pro�ided
<br /> or required by law, if there �s more than one Trustor, any notice gi�en by Lender to any Trustor is deemed ta be notice
<br /> gi�en tv all Trustors.
<br /> MISCELLANE�US PR�VISI�NS. The fvllowing miscellanevus prv�isions are a part af this Deed of T�ust:
<br /> Amendmerrts. This ❑eed of Trust, tvgether with any Related Dvcuments, �onstitutes the entire understanding and
<br /> �greement vf the parties as ta the matters set fvrth in this Deed of Trust. No alteration of�r amendment to this
<br /> Deed af Trust sha11 he effe��i�e unless gi�en in wri#ing and signed hy the party or parties saught to be charged vr
<br /> bound hy the alter�tion vr amendment.
<br /> Annu�l Reports. If the Property is used for purpvses other than Trustor's resEdence, Trustvr shall furnish to
<br /> Lender, upon request, a� certified s#atemsnt of net vperating income rec���ed from the Property during Trus�or's
<br /> pre�ivus �iscal ye�r in such form and detail es Lender sha11 require. "Net vpe�ating income" shall mean all cash
<br /> receipts�rom the Prvperty less all cash expenditures made in connection with th�op�rat�on�f the Prvperty.
<br /> Caption Headings. Caption headings in this Deed of Trus# are for con�enience purposes only and are not to be
<br /> used to interpret or define the pro�isians of this De�d❑f Trust.
<br /> Nlerger. Thers shall be no merger of the interest ar estate created by this Desd o#Trust wEth any other interest or
<br /> es#ate in the Property st any time held by nr for the benefit of Lender in any cap�city, wi#hout the written�onsent
<br /> of Lender.
<br /> Ga�erning Lew. This Deed v#Trust wi�l he go�erned by federai law app����bls ta Lender and, ta the extent not
<br /> preempted by federal law,th8 I�ws of the State of Na�raska withau#re9erd to its con#licts of law pro�isians. This
<br /> De�d vf Trust hes been��cepted by Lendar�n the State of Nebrask�.
<br /> Choi�e of Venue. If there is a I�wsuit� Trustor agrees upan L�nder's requ�st to submit to the jurisdiction af the
<br /> courts of Hall County, State of Nehraska. '
<br /> Joint �nd 5e�sral Liability. All obligations of Trustvr under this Deed vf Trust shall be joint and se�eral, and ail
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