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2� 1 ��5479
<br /> aEEa oF -r�usT
<br /> tCantinued� Page s
<br /> any laws now or hereaft�r in �orce; notwithstanding, sorne or al� of such indebtedness and ob�igations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwis�. Neither the acceptanc� o� this D�ed of Trust nar its enforcement, whether by court
<br /> action vr pursuant t❑ the pawer af sale ❑r vther powers contained in this Deed af Trust, shall p�e�udice or in any
<br /> manner affect Trustee's or Lender's right to realize upon ar enfor�e any other security naw or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shal�be entitled#o enforce this ❑eed
<br /> ❑f Trust and any other securi�y now or hereafter held by Lender ❑r Trustee in su�h ❑rder and manner as they or
<br /> e�ther of them may in their absvlute discretivn determine. N❑ remedy cvnferred upvn or reser�ed ta Trustee or
<br /> Lender, is intended to b�exciusi�e of any other remedy in this �eed of Trust or hy faw pro�ided or permitted, but
<br /> each shall b� cumulati�e and shal! be in addition to e�ery ather remedy gi�en in this Deed o� Trust vr now ❑r
<br /> hereafter ex�stiny at law vr in equity ar by statute. E�ery pawer or remedy gi�en by the Note ar any af the Related
<br /> Documents tv Trustee or Lender vr to which either of them may he �therwise entitled, may be exercised�
<br /> concurrently vr independently, from time#a time and as often as may be deemed exp�dient by Trustee or Lender,
<br /> and either o# them may pursue inconsistent remedies. Nothing in this Deed of Trust sha�� be cvnstrued as
<br /> p�ohi#�iting Lender frvm seeking a deficiency�udgment ag�inst the Trustor to the ex#ent such activn is permitted by
<br /> 1aw. Elect�on by Lender to pursue any remedy shall nat exciude pursuit of any other remedy, and an eiection to
<br /> make exp�nditures or to take action to perform an obligation of Trustor under th�s Deed af Trust, after Trustvr's
<br /> failure to perform, shall n�t affect Lender's right to declare a default and exercise its remedies.
<br /> Raquest for Noti�e. Trustar, on behalf of Trustor and Lender, hereby requests that a capy of any Notice vf De#ault
<br /> and a copy of any Notice of Sale unde�this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph o#this Deed of Trust.
<br /> Attvrneys' Fees; Expenses. 1f Lendec institutes any suit or action to en�orce any of the terms of this Deed of
<br /> Trus#, Lender shall be entitled to reco�er such sum as#he court may adjudge reasanable as attorneys` fees a�trial
<br /> and upvn any appgal. Whether vr not any court action is in��l�ed. and tv the ext�nt nat prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's apinion are necessary at any time fvr the prvtection of its
<br /> interest or the enfo��ement of its rights sha11 become a part❑f the indebtedness payable on demand and shall bear
<br /> interest at the Nvte rate frvm the date vf the expenditure until repaid. Expenses co�ersd by this paragraph include,
<br /> w�th�ut lim�tat�on, howe�er subject to any limits under applicable �aw, Lender's attam�ys' f�es and Lender's lega�
<br /> expenses, whether or n�t there is a lawsuit, inc�uding attarneys' fees and expenses fvr bankruptcy p�oceedings
<br /> �including efforts tv modify or�acate any automatic stay vr injunctivn�, appeals, and any anti�ipated post-judgmen#
<br /> collectivn ser�ices, the cost of searching rscords� obtaining title reports �inCluding #orec�vsure reportsj, sur�eyors'
<br /> reports� and appraisa! fees. titl� insurance. and fees for the Trustee, to the exten# permitted by applicable law.
<br /> Trustor a�so will pay any caurt�osts, in addition to all vther sums prv�ided by law.
<br /> Rights vf Trustee. Trustee shail ha�e all vf the rights and duties of Lend�r as set#orth in this sectivn.
<br /> PDWERS AND�BLIGATI�NS �F TRUSTEE. The foliowing pro�isians relating to the pawers and obligations of Trustee
<br /> are pa�t of this Deed vf Trust:
<br /> Powers of Trustee. In addition to all pawers❑f Trustee aris�ng as a ma�ter of law,Trustee shall ha�e the power to
<br /> take the following act�ons with respect tv the Property upnn the written requsst o#Lender and Trustor: 4a� join in
<br /> preparing and filing a map or plat of th� Real Prvpe�ty, including the dedication of streets ❑r vther rights to the
<br /> public; �by join in granting any easement or creating eny restrictivn on the Real Property; and {cf join in any
<br /> subordination or other agreement affecting this D�ed❑f Trust or the intersst of Lender under�his Deed vf Trust.
<br /> Trus#ae. Trustee shall meet all qu�lifications �equired #or Trustee under applicable law. In addition to the rights
<br /> and remedies set #a�th abt���, with respgct to all or any part of the Prop�rty. the Trustee shall ha�e the right t�
<br /> foreclose by naticg end sale� and Lender shall ha�e the right t❑ fore�iose by judic�al #oreclosure, in either case in
<br /> accordance with and ta the ful�extent pro�ided by appiicable law.
<br /> Successor Trustee. Lender, at Lender's option, may frvm time to time app�int a successvr Trustee ta any Trustee
<br /> appointed under this Deed ofi Trust by an instrument executed and acknowledged by Lender and re�orded in the
<br /> v�fic� a� the recorder of Hall County, 5tate of Nebraska. The instrument sha�l cvnta�n, in addition to all �ther
<br /> matters �equired by state �aw. the names af the or�ginal Lend�r, Trustee� �nd Trustv�, the havk and page �or
<br /> computer system referenc�f where this Deed ofi Trust is recorded, and the name and address �f the successor
<br /> trustee, and the�n5trument shall be executed and a�knawledged by all the beneficiaries under this Deet�of Trust or
<br /> their successars in interest. The successor trustee, without con�eyance of the Property, shall succeed to all the
<br /> title, power, and duties�onferred upon the Trustee in this Deed of Trust and hy applicahle faw. This pro�edure for
<br /> su#�st�tution vf Trustee shall go�ern to#he exciusion vf alf other pro�isions far substitution.
<br /> IV�TICES. Any nvtice required tv h� gi�en under this Deed of Trust, including withau� limitatian any notice vf default
<br /> and any natice o# sale shall be gi�en in writing, and shalf be effecti�e when actually de!'r�ered, when actually recei�ed
<br /> by tel�#acsimile �unless otherwise required by lawf, when deposited with a nationally re�ogn�zed o�erntght cvurier, or. if
<br /> mailed, when deposited '+n the United Stetss mail, as first class� certified ar regis#ered mail postage prepaid, directed #o
<br /> the addresses shown near the beginning of this Deed vf Trust. Ai! copies of natices of fareclosure from the hvlder of
<br /> any lien which has priority o�er this Deed o�Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of T�ust. Any party may change its address fvr notices under this Deed af Trust by g�►►ing �ormal written
<br /> notice to #he vther partiss, specifying that the purpose of the natiGe is to �hange th� pa�ty's address. For notice
<br /> purposes, Trustar agrees ta keep L�nder informed at all times o�Trustor's �urrent addr�ss. Unless otherw�se provided
<br /> vr requ'rred by law, i�there is more than vne Trustor, any natice gi�en by Lender tv any Trustor is deemed to be notice
<br /> gi�en to all Trustars.
<br /> M15CELLANE�US PR�VIS�4NS. Ths fo�Eowing misGellaneous pro�isi�ns ar�a part vf this Deed vf Trust:
<br /> A�nendmants. This ❑eed of T�ust, together with any Related Dv�uments, canst+tut�s the entire understanding and
<br /> agreement o#the parties as ta the matters set forth in this Deed af Trust. No altera�ion af ar amendment to this
<br /> Deed of Trust shal� be ef�ect��e unless gi�en in writing and signed by�he party vr parties sought to be charged ar
<br /> bound by the alterativn or amendment.
<br /> Annual Reparts. If the Property is used•for purpases o�her than Trustor's residence, Trustor sheil furnish to
<br /> Lender, upon requ�st, a certifi�d sta#emgnt of net aperating income recgi�ed from the Property during Trustor's
<br /> pre�ious fiscal year in such form and deteil as Lender she�� require. "Net vperating �ncvme" shal� mean all cash
<br /> receipts from the Property less a11 cash expenditures mads in connection with the operation of the Property.
<br /> Caption Headings. Caption headings in this Deed of Trust are for cvn�enience purpvses only and are not to be
<br /> used#a intecpret❑r define the pro�isions of this Deed vf Trus�.
<br /> Merger. There shaff be n�merger vf the interest or estate created hy this Deed af Trust with eny other interes�or
<br /> estate in the Property at any time held by or for the benefit af Lend�r in any capecity, w�thvut the written consent
<br /> af Lender.
<br /> Go�erning Law. This Da�d af Trust will bs go�ernad by federel law appli�ehle tv Lsnder end, to the extsnt nat
<br /> praempted by federal 1aw.tha lews of the State of Nabreska wrthout regard to its cvnflicts af#aw pro�ision�. This
<br /> Dssd vf Trust has heen ac�gpt�d hy Lender in#he St�te of Nehra�ka.
<br /> Choice of Venue. If there is a lawsuit, Trustvr agrees upvn Lender's request t❑ suhmit t❑ the jurisdiction of the
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