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2� 1 ��557�
<br /> DEED �F TRUST
<br /> �Continued� P�ge s
<br /> activn or pursuant to the power vf sale or other powers contained in th�s Deed of Trust, shall prejudice or in any
<br /> manner affe�t Trustee's o� L�nder's right to reaiize upvn vr enfores any �ther security nvw or hereafter held by
<br /> Trust��ar Lender, it being agreed that Truste�and Lender, and each of them, shall he entitled t❑enforce this Deed
<br /> of Trust and any ather security now or hereafter held by Lender ❑r Trustee in such �rder and manner as they or
<br /> either of th�m may #n their abso�ute discretion determine. No remedy con�erred upon vr reser�ed ta Trustee or
<br /> Lender, is intended to be exclusi�e of any other rernedy in this Deed of Trust or by law pro�ided or permitted, bu#
<br /> �ach shall be �umulati�e and shali be in addition to e�ery other r�m�dy gi�en in this Deed af Trust �r naw or
<br /> h�reafiter existing at law vr in equity or by statute. E�ery pawer or remedy gi�en k�y the Nvte or any of the Related
<br /> Documents to Trus#ee or Lender or to whi�h ei#her ofi them may he vtherwise entitled, may be exercised,
<br /> con�urrently or independently. from time to time and as aften as may be deemed expedi�nt by Trustee vr Lender,
<br /> and �ithe� af �hem rnay pursue inconsistent rem�dies. Nothing in this Deed of Trust shall be cons�rued as
<br /> prohibiting Lender frvrn seeking a deficiency judgmen�against the Trustor to the extent su�h actian is pe�mitted by
<br /> law. Electi�n by Lender to pursue any remedy shall nvt ex�lude pursuit of any other remedy, and an election tv
<br /> mak� expenditures �r to take a�tion tv perfarm an obligation vf Trustor under this Deed vf Trust, a�ter Trustor's
<br /> failure to perform, shall not affect Lender's right t❑d��lare a defiaul#and exercise its remedies.
<br /> Request fvr Notice. Trustor. on behalf of Trustvr and Lender, hereby requests that a capy o�any IVotice af Default
<br /> and a capy of any Nvtice of 5ale under this Deed af Trust �e mailed to them a#the addresses set forth in the first
<br /> paragraph of this❑eed of Trus�.
<br /> Attorneys' Fees: Expanses. If Lender institutes any suit or a�tivn to enforce any �f the terrns o� this Deed o�
<br /> Trust, Lender shall be entitled to rec��er such sum as the court may ad�udge reasonahle as attorneys' fees at trial
<br /> and upvn any appeal. Whether or not any cvurt a�tion is in�ol�ed, and t� the extent nvt prohihited by law, all
<br /> reasonable exp�nses Lend�r incurs that in Lender's apinivn are nscessary at any time far the prvtectivn vf its
<br /> interest or the enf�rcement of its rights shall become a part of the�nd�btedness payable�n demand and shafl bear
<br /> interest at the Nate rate fram the date vf th�expenditure until repa�d. Expenses co�ered by this paragraph include,
<br /> w�thvut limitatian, howe�er subject to any limits under applicable law. Lender's attorneys' fees and Lender's legal
<br /> expenses, wheth�r or not ther� is a lawsuit, including attorneys' #��s and expenses for hankruptcy prv�eedings
<br /> �including effarts to modify or�acate any automatic stay�r injunctiony, appeals, and any anticipated post-judgmen# '
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<br /> cvllectivn ser��ces, #he cost of searching recards, vbtaining tit�e repvrts {in��uding for�clasure reportsy, sur�eyvrs'
<br /> reparts, and appraisal fees, ��tle insuranc�, and fees for th� Trustee� to the extent permitted by appli�able law. �
<br /> Trustor also wil�pay any court casts, in additivn to a1i other sums pro�ided�y law.
<br /> Rights of Trustee. Trus#ee shall ha�e all o�the rights and duties of Lender as set forth in this s�ctivn.
<br /> P�WERS AN� �BLIGATI�NS ❑F TRUSTEE. The following pro�isions re�ating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Pvwers of Trustee. In addition to all pvwers of Trustee arising as a matter vf law, Trus#e�shall ha�e the power to
<br /> take the fol�owing actions with r�spect to the Pr�per#y upon the written request af Lender and Trus#or: �ay join in
<br /> preparing and filing a map or plat �f the Real Prvperty, in�luding the dedica#ivn of streets ar vth�r �ights to the
<br /> pubiic; �bj j�in in granting any easement or creating any res#riction ❑n the Real Propsrty; and t�� join in any
<br /> sul�ordination ar other agreement affect�ng this Deed vfi Trust vr the interest o�Lend�r under this❑eed of Trust.
<br /> Trustee. Trustee shall meet ail qua�i�Fications requirsd for Trustee under �pp�icable law. In addition to the righ#s
<br /> and remedies set fvrth at�o�e, with respect to all or any part af the Property, the Trust�e shal� ha�� the right to
<br /> fore�lvse by notice and sa�e, and Lender shall ha�e the right to foreclose hy �udicia� foreclosur�, in either case in
<br /> ac�ordance with and to the#u!I extent pro�ided by applicable law.
<br /> Successvr Trustee. Lender, at Lender`s opt�on, may fr�m#ime#o time appvint a successor Trustee to any Trustes
<br /> appvinted under this Deed ❑f Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> offic� of the re�order of Hall County. State of Nebraska. The instrument shall contain, in additivn ta a�1 other
<br /> matters required by state la►rv, the names of the ❑riginal Lender, Trustee, and Trustor, the book and page (or
<br /> computer system referen�e� where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be exe�uted and a�knvwledged by all the benefi�iaries under thEs Deed of Tru9t or
<br /> the�r successars in int�rest. The suc�essar truste�, withaut �an�eyance of the Property, shall succeed to a!I the
<br /> �Ftle, power, and dut'res conferred upon the Trustee in this Deed vf Trust and by applicable law. This pra�edure for
<br /> substitutivn❑'�Trustee shall gv�ern to the exclusion of all vther pro�isions far substitutian.
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<br /> NDTICES. Any notice �equired to be gi�en under this Deed of Trust, �ncluding without lirn�ta#�on any nvti�e ❑f default
<br /> and any notic� o� sa�e shall be gi�en in writing, and shail be�ffecti�e when actually defi�ered, when a�tually recei�ed
<br /> by telefacsimile �unless vtherwise required hy law�, when deposited with a nationally recognized o�ernight�ourier, vr� if
<br /> mailed, when deposited in the United States maii, as first class, certified or registered mail pastage prepaid� directed to
<br /> the addresses shawn near the beginning ❑f this Deed of Trust. All �opies af notic�s ❑f fare�losure frvm the holder of
<br /> any iien which has priority v�er this Deed of Trust shall he sent tv Lender's address, as shown near th� beginning of
<br /> this Deed of Trust. Any party may change its address for natices under this Deed of Trust hy gi�ing formal written
<br /> notice tv the other parties. specifying that th� purp�se af the notice is tv change the party's address. For natice
<br /> purpases, Trustor agr�es tv keep Lender in�ormed at all times of Trustor's current address. Unless otherwise pr��ided
<br /> ❑r required by law, if there is more than vne Trustor, any notice gi�en by Lender t❑ any Trustor is deemed to be nvtice
<br /> gi�en to ail Trustvrs.
<br /> MiSCELLANE�US PROVISI�NS. The following misceflaneaus pro�isions are a part vf this Deed of Trust:
<br /> Amendments. This ❑eed of Trust, together w�th any Related Documents, constitutes the entirs understending and
<br /> agreement of the parties as to the matters set forth in thFs Deed of T�ust. Nv alteration of or amendment t❑th�s
<br /> ❑eed of Trust shall he effec�i�e unl�ss gi�en in writing and signed by the pariy or parties sough#to be ch�rged or
<br /> b�und by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trus#or's residence, Trustor shall furnish to
<br /> Lender, upvn request� a G�rtified statement of net ❑perating income rec�i�ed 1`rvm the Property during Trustar's
<br /> pre�ious fiscal y�ar in such form and de#ail as L�nder shall require. "Net aperating incame" shall mean all cash
<br /> receipts from the Property less a��cash expenditures made in connection with the operativn of the Prvperty.
<br /> �apt�on Headings. Caption headings in this Deed of Trust are far cnn�enience purpvses only and are not to be
<br /> used to interpret or define the pr��isions of this Deed of Trust.
<br /> Mergsr. There shall be nv merger of the interest vr estate crea�ed by this Deed of Trust with �ny othe�interest or
<br /> estate in the Property at any tirn� held by vr f�r the benefit of Lender in any capacity. withaut the written cansent
<br /> vf Lender.
<br /> Go���ning Law. This Deed of Trus# will be go�erned by federai !aw app�icable to Lender �nd, #o the extent not
<br /> preempted by federal law.the laws vf the State af Nebraska wi#hvut regard ta i#s�onflicts of lew pro►►isions. This
<br /> Deed of Trust has heen a�cepted hy Lender in the State of Nebraska.
<br /> Choi�e of Venue. �f there is a lawsuit� Trustor agrees upvn Lender's request to submit to the �urisdict�an ❑#the
<br /> cvurts of�uffalo Caunty, 5tate�f Nebraska.
<br /> Jvint and Se�eral Liahility. A�i abfigations v# Borrvwer and Trustvr under this Deed of Trust shall be joint and
<br /> se�eral, and all references t❑Trustor shal� mean each and e�ery Trustor, and all referen�es to Borr�wer shall mean
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