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2� 1 ��5492
<br /> DEED �F TRUST
<br /> ���nt�nu�d} Page f
<br /> paragraph of th is Dead of Tru st.
<br /> Attorneys' Fees; Expenses. �f Lender inst�tutes any suit or action to enfar�e any of the terms af this Deed o�
<br /> Trust, Lender shail be entitled tv revo�sr such sum as the court may adjudge r�svnable as attorneys'fees a�triai
<br /> and upan any appeal. �Illhether or no# any cvurt actian is in�vl�ed, and to the extent na� prvhibited by �aw, al1
<br /> r�svnable expenses �er�der incurs that in Le�der's op�nion are neoessar�► at any time fnr the pratection of its
<br /> �nterest or the enfarcement af its rights shal!beoorne a part of the�ndebtedness payable on demand and shall bear
<br /> interes�at the Nate rate from the date af the expenditure until repaid. Expenses ov�ered by this paragraph in�lude,
<br /> without[im'rtativn, howe�er subject ta any limits under app�icak�le 1aw, Lender"s attarneys'fees and Lender�s legal
<br /> expenses, whether or nat there is a lawsuit, including attarneys' fees and expenses for bankruptcy proceedings
<br /> �indudi�g ef�orts to mvdify or�aoate any automatic stay or injunctian}, appeals,and any anticipated post�udgment
<br /> vollectian s��vioes,the cost nf searching reoords,obtaining#itle reports�in��udin��orec�osure reports}, surveyvr�`
<br /> reports, and appra�sa! fees, �i#le insuranoe, and fees#ar the Trustee, to the extent permitted by applicable law.
<br /> Trus�vr also will pay any caurt casts,in addition ta all other sums pro�rided by law.
<br /> Rights o�Trustee. Trustee shall ha►►e a!I of the rights and duties of Lender as set forth in this section.
<br /> PC)WERS AND agLIGATIC]NS QF TRLlSTEE. The�ollowing pravisions re�ating to the powers and abligat�ons af Trc�stee
<br /> ar�part of this Deed o�Trust:
<br /> Powers af Trustee. In addition to al!powers vf Trustee arising as a matter of law,Trustee shall haWe the pvwer to
<br /> take the follow�ng actions with respe�t t❑ the Praper�y upon the written request vf Lendec and Trustor: (a}join in
<br /> prepariRg a�d fili�g a ma� or plat of ihe Reai Property, includin� the dedication vf str�ets or other rights to the
<br /> public; �b} join in gran#ing any easement ar creat�ng any restriction on the Real Property; and tc} jvin in any
<br /> subordination ar other agreement af#ecting this Deed af Trust ar the interest of Lender unde�this ❑eed of Trust.
<br /> Trustee. Trustee shall meet al1 qualifications required for Trustee under applicable law. In addition ta the righ�s
<br /> and remedies set far�h abo�e, with respect to all or any part af the P�operty, the Trustee sha�l ha�e the right to
<br /> farec�ose �y noti�e and sale, and �.ertder w��l hawe the rigf�� ta foreclose by�u��cial �oreclosure, in either case in
<br /> accordance with and to the fuli extent pra�id�d by applicable law.
<br /> Successor Trustee. Lender,at Lender's op�ion, may frvrn time to#ime app�in�a successor Trustee ta any Trustee
<br /> appointed under this De�d of Trust by an instrument ex�cuted and acknowledged by I�ender and r�carded in the
<br /> office v� the recordsr of Hali County, 5tate of Nebraska. The instrurnent shall contain, in additian to al1 other
<br /> matters required by s�ate law, �he names vf t�e originat Lender, T'n.rstee, and Trustar, the baok and pa�e �or
<br /> �omputer system reference} where this Deed of Trust is recorded, and the name and address vf the successor
<br /> trustee,and the instrumen#shal�be execu#ed and acknvwl�dged by all the beneficiaries�,nder this Deed of Trust or
<br /> their successors in interest. The successor trustee, without con�eyance of the Property, sha11 succeed to all the
<br /> title, pawe�,and duties canferred upon the Truste�in this Deed vf Trust and by app�icable law. This pro�edure far
<br /> su bstitution of Trustee sha�l govern t�the exc�usian a€all�ther prqvisions€ar substitutian.
<br /> N�TICES. Any natice required tv be gi�en under this Deed of Trust, including without limitation any natice of default
<br /> and any notice a�sale shall he gi�en in writing, and shafl be effecti�e when actually deli�ered,when ac#ually recei�ed
<br /> by telefacsimile�un�ess otherwise required by law},when deposited with a nativnally recognized o�ernight caurier,ar,if
<br /> mailed,wh�n depasited in the United States mail, as first class, certi�ed or registered mail postage prepaid,directed to
<br /> the addresses shvwn near the beginning of this Qeed of Trust. ►�II oopies af natices of fareclasu�e fro�rt the hal�ier vt
<br /> any lien which has priarity over this Deed af Trust shall be sent ta Lender's address, as shown near#he beginn�ng vf
<br /> #his []eed af Trus#. Any persan may change his or he�address for notices under this �eed o�Trust by gi�ing farm�l
<br /> written noti�e to the other person vr persons, specifying that the purpose o� the notice is tv �hange the person's
<br /> a�dress. Far na#ice purposes,Trustor agrees to keep Lender informed at all tim�s of Trustor's curren�address. llnless
<br /> otherwise pra�ided or required by law, �f there is m�o�e than�ne Trustvr, any no#ice g�ven by Lender tv any Trustvr is
<br /> deemed to be nvti�e gi�en ta al�Trustors. It will be Trus#or's responsibility#a tel!the others o�the notice fram Lender.
<br /> MiSCELLANE�IIS PROVlSf�NS. The follow�ng miscellaneous pro�isions are a part of this 1]eed of Trust:
<br /> Amendments. What is written �n this Qeed of Trust and in the Related D�cuments is Trustvr's entire agreement
<br /> with Lender cancerr�irtg the matters c�uered by thi�Deed of Trust. To be effective, any change�r amendment#o
<br /> this t]eed of Trust must be in writing and mus#be sign�d by whae�er wi�l be bound or obligated by the change ar
<br /> amendment.
<br /> �aption Headings. Captian headings in this Deed vf Trust are far c�n�enience purposes only and are not to be
<br /> used to interpret or�define the pro�isions vf th�s Deed of Trust.
<br /> Merger. There sha��he no merger vf the interest or estate created by th�s Deed of Trust with any other interest ar
<br /> esta�e �n the Property at any time held by or for the benefit af Lender in any capacity,withvut the written consent
<br /> of Lender.
<br /> Go�erning Law. This Deed vf Trust will be go�erned by federal law applicab[e to Lender and, tv the extent nat
<br /> pree�npted by te�era�law,#he�aws of the State�f Nebraska w1#hout regard to its confli�ts of!aw pro�isions. This
<br /> Deed o�Trust has been accepted hy Lender�n the Sta#e vf Nebraska.
<br /> Joint and 5e�eral Liability. Ai1 obligativns af Trustvr under this L7eed of Trust shall be jvint and se�eral, and �II
<br /> referenoes to Trustor shall r�an �ach and e�ery Trus�or. This means that each Trustor s�gning below is
<br /> responsible for ail vbligativns in this�]eed of Trust.
<br /> No Wa��sr by Lender. Tn.�stor understands Lender wili nvt gi�e up any of Lender's rights under#�is Deed af Trust
<br /> unless Lender does so in wri#ing. The fact that Lender delays or omits to exercise any righ# will not mean that
<br /> Lender has gi�en up that right. !f Lender does agree in writing ta gi�e up one o�Lender's rights, that daes na#
<br /> mean Trustor will nat ha�e to cvmply with the o#her pra�is�ons vfi this Deed of Trust. Trustor also understands
<br /> that if Lender does consent ta a request, #hat does not mean that Trustor wil! nn# ha�e to get Lender's cansent
<br /> again i�the situati�n happens again. Trus�or fur�her unde�stands t�at just because Lender consents tv one or mare
<br /> of Trus�or's requests, that dves no# mean Lender wi�l be required t� cansent#o any af Trustar's future requests.
<br /> Trustor wai�es presentment,demand for paym�nt, pr�test,an�l notice af dishonor.
<br /> Se�erability. If a oaurt finds#hat any pro�isian vf this C]eed vf Trust is nvt�alid ar should nvt be enforced, �hat
<br /> fa�t by itsel�will not mean that the rest af this Deed of Trust will not be�alid or enforr,ed. The�efare,a court will
<br /> en�vrce the rest vf the pro�isions of�his Deed af Trust e�en if a pro�isior�af fhis need�f Trus#may be fvund#o be
<br /> in�alid ar uner��rveable,
<br /> Successors and Assigns. 5ub�ect to any Iimitati4ns stated in this 17eed of Trust�n transfer af Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the behefit of the parties, their successors and ass�gns. If
<br /> ownership of#t�e Prvperty be�omes vested in a persan ather#han Trustar, Lender,without notice ta Trustor, may
<br /> deal with Trustor`s successars with reference to th�s flesd of Trust and the Indebtedness by way�f fvrbearance or
<br /> extension withvut��leasing Trustor from the obligations vf this D�ed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the perfo�mance vf this beed of Trust.
<br /> Wai�e Jury. All parties ta this Deed a�Trust hereby wa��e the right to any jury trial in any activn, proceeding,vr
<br /> countercEaim brought by any parly against any vther party.
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