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2� 1 ��5542
<br /> DEED �F TRUST
<br /> t Contirlu�d� Page s
<br /> reasonable expenses Lender incurs that in Lender`s vpinion are necessary at any time for the prvtection of its
<br /> interest or the enforcement of its rights shall becvme a part v�the Ind�btedness paya#�le�n demand and shall hear
<br /> interest at the Note rate from the date of the expenditure unt�l repaid. Expenses cv�ered by this paragraph include,
<br /> without lirnitativn, howe�er suhje�t to any limits under app�icahle law, Lender's attarneys' fees and Lend�r's�ega�
<br /> expenses, whether or na# there is a lawsuit, including atto�neys' fees and expenses fvr bankruptcy proceedings
<br /> �including effvrts to mvdify vr�acate any automatic stay v�injunctivny, appeals, and any anticipated post-judgment
<br /> cvlle�tion s�r�ices, the cost of sear�hing records, vbtaining title reports �in�luding foreGlosur� reportsy, sur�eyors'
<br /> reports, and appraisal f�es, title insurance, and fees fo� #he Trus�ee, tv the ext�nt permit�ed by applicahle �aw.
<br /> Trustor als�will pay any court casts, in addition to all othe�sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall ha►►e all vf the rights and duties of Lender as set fvrth in this sectivn.
<br /> P�WERS AND �BLIGATI�NS DF TRUSTEE. The fvllowing p�o�isions reiating to the powers and obliga#ions vf Trustee
<br /> are part of this Deed of Trust:
<br /> Rowers af Trustee. In addition to all powers of Trustee arising as a matter�f�aw,Trustee shall ha�e the power�a
<br /> take the to#�vwing actions with r�spe�t to the Prvperty upon the written request of Lender and Trustor: �af�ain in
<br /> preparing and filing a map vr plat �f the Real Prvperty, including the dedi�ativn vf s�ree#s or v#her rights to the
<br /> public; �b� join in granting any easement or cr�a#ing any restriction an the R�al Prvperty; and �cf join in any
<br /> subardination or other ag�eem�nt affecting this Deed❑f Trust or the interest of Lender under this❑eed v#Trust.
<br /> Trus#ee. Trust�e shall meet all qualificati�ns required fvr Trustee under applicable law. In addi#ion t❑ the rights
<br /> and remedies s�t fvrth abv�e, wi#h respect to all or any part of the Property, the Trustee shall ha�e the right t❑
<br /> foreclvse by notice and sale, and Lender shall ha�e the right to foreclose by jud+�ial farec�asure� in either case En '
<br /> accordance with and to the fufl extent pro�ided by applicable law.
<br /> Successor T�ustee. Lender, at Lender's option, may frorn t'rme to tirne appoint a suc�essor Trust�e to any Trustee
<br /> appvinted under this aeed vf T�-ust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Ha!! County� State of Ne�raska. The instrurnsnt shall cantain. in additian t� all ather
<br /> matters required f�y stat� law, the names o# the ariginal Lender, Trustee, and Trustor, the bovk and page 4or
<br /> computer system referencef where this Deed vf Trust is recorded, and the name and address of the successnr
<br /> trustee, and the instrument shall be executed and acknowtedged hy ali the beneficiaries under this Deed of Trust or
<br /> th�ir successors in in#erest. The suc�essor trustee, withvut �on�eyance of the Praperty. shall suc�eed to all the
<br /> title, power,and du�ies�onferred upon the Trustee in this Deed of Trust and by applicable �aw. This procedure far
<br /> substitut�on vf Trustee shall go�ern to the exclusian of all❑ther pro�isions f�r suhstitution.
<br /> N�TICES. Any notice required to be gi�en under this Dead of Trust, including r►vithau� limitatian any not�ce of de#ault
<br /> and any notice of sale sha�4 he gi�en in writing. and shall be effecti�e when actually deli�ered, when actually rece��ed
<br /> by te�efa�simile �unl�ss vtherwise required by law�,when deposited with a nationally recogniaed o�ernight courier,or, if �
<br /> mailed, when depasited in the LJnited States rnail, as first class, certified vr registered mail postage prepaid, dire�ted to
<br /> the addresses shawn near the beg�nn�ng of this Deed af Trust. Ali copies of notices of fore�losure �rvm the halder of
<br /> any lien which has priarity o�er this Deed of Trust sha�� he sent to Lender's address, as shown near the beginning of
<br /> this D�ed nf Trust. Any party may change its address for noti�es under �his Deed of Trust by gi�ing forrnal written
<br /> n�tice t❑ the other parties, specifying that the purpase af the notice is to change the party's address. For nvtice
<br /> purpvses. Trustvr agrees ta keep Lender info�med at all times vf Trustor's current addr�ss. Unless❑therwise prv�ided
<br /> � or required by law, if there is more than one Trustor, any notice gi�en by Lender to any Trustar is deemed to be natice
<br /> gi�en to all Trustars.
<br /> MISCELLANE�US PR�V151�N5. The following miscellan�ous pro�isivns are a part af this Deed vf Trust:
<br /> Amendments. This ❑eed vf Trust,tvgether with any Related Do�umen�s, �onstitutes the enti�e understanding �nd
<br /> agreement vf the parties as to the matters set forth in this Deed of Trust. N❑ alteration af or amendmenf#v this
<br /> aeed of Trust shall be effecti�e un�ess gi�en in writing and signed hy the party or parties sought to be charged or
<br /> bvund by the aiterat�on vr amendment.
<br /> Annuai Repvrts. I# the Property is used for pu�poses ather than Trustor's resid�nce, Trustor shall furnish to
<br /> Lender, upan request, a certified statement of net operating in�vme recei�sd fram the Property during Trustor's
<br /> pre�ious fiscal year in such form and deta�l as Lender shal! require. "Net ❑perating income" shall mean all cash
<br /> receipts frarn the Property less all cash expenditures made in�onnection with the operativn of the Prvperty.
<br /> Caption Headings. �aption headings in this Deed af Trust are for con�enience purposes only and are not to be
<br /> used to inte�pret❑r define the pro�isions of this Deed of Trust.
<br /> Merger. There shall be na merger of the interest�r estate created by this Deed of Trus#with any oth�r interest�r
<br /> estate in the Property at any time hsld hy ar fivr the benefit of L�nder in any capacity, without the written cvnsent
<br /> af Lender.
<br /> Go�erning Law. This Deed of Trust will be go�srned hy fgderal iaw applicahie tv L�nder and, ta the exten# not
<br /> preempted hy feder�l law,the laws of the State of Nehraska without regard to its�vnffi�#s of law pro�iaions. This
<br /> Deed of Trust has t�een accepted by Lender in the State of IVebraska.
<br /> Choice af Venue. if th�r� is a lawsuit, Trustvr agrees upon Lender's request ta submit to the jurisdiction vf the
<br /> ��urts of Buffalv Cvunty, State of Nebraska.
<br /> Joint and Se�eral Liability. All obligations nf Bvrrvwer and Trustor under this ❑eed of Trust shell be joint and
<br /> se�era#, and all r�f�ren�es to Trustor shall m�an each and e�ery Trustvr, and all references tv Borrower shall mean
<br /> each and e�ery Bvrrower. This means tha��ach Trustar signing helvw is responsible fvr all ohligatians in this ❑eed
<br /> a�Trust.
<br /> Nv Vllai�er by Lender. Lends�sha�! nat be deemed to haue wai�ed any rights under this Deed�f Trust unless such
<br /> wai�er+s gi�en in writing and s+gned by Lendsr. N❑delay or❑m�ssi�n an�he part a�Lender in exer�ising any right
<br /> shall vperate as a wai�er of such right or any vthef right. A wa��er by Lender of a pra�isivn oi this Deed of Trus#
<br /> shall not prejudice or constitute a wai�er of Lender's right otherwise to demand striCt cvmplience with that
<br /> pr�visian ar any ather pro�ision ❑f this Deed ❑f Trust. Na privr wai�er by Lender, nor any courss �f dealing
<br /> betw�sn Lender and Trus�vr. shall constitute a wai�er vf any of Lender's rights or vf any of Trus#vr's ohiigations
<br /> as to any future transactions. 1Nhene�er the consent of Lender is required under this Deed of Trust, the gr�nt�ng
<br /> v# such cansent by Lender in any instance shall nvt cvnstitute cnntinuing consent ta subsequent insten�es wher�
<br /> such cansent is r�qu�red and in all cases such cvnsent may be granted or withheld in the sv��discret�on of Lender.
<br /> Se�erability. k#a court af cvmpetent jurisdiction finds any pro�isian of this ❑eed of Trust tv be il�egal, in�alid, or
<br /> unenfor�eable as ta any persvn or circumstance, that finding shafl not rnake the o�fending prv�ision illegal, in�alid�
<br /> or unenf�rceable as t❑ any other persvn or circumstance. If feasible, #he affending pro�ision shall be cansidgred
<br /> modified sa that it�ec�mes legal, �alid and enfor�eab�e. If the offending pro�ision cannot be so madified, it sha!#
<br /> be cons�dered dele�ed f�am this Deed ❑f Trust. Unless otherwise required by law. the illegality, in�alidity, or
<br /> unenfo�ceability of any pra�ision of this ❑eed of Trust shall nvt affect th� legality. �alidity vr�nforceability��any
<br /> other prv�ision af this Deed of Trust. .
<br /> Successo�s and Assigns, Subject t❑ any lirnitat4ons stated in this C3eed o#Trust on trans#er o�Trustar's interest�
<br /> this Deed of Trust shall be binding upvn and inure to the benefit of the parties, the�r suc�essvrs and assigns. If
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