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2� 1 ��5571
<br /> DEED C]F TRUST
<br /> �Continued� Page s
<br /> paragraph of this Deed o�Trust.
<br /> Attarneys' Fs�s: Expenses. If L�nder institutes any suit ❑r action ta enforce any of the terms vf this Deed of
<br /> Trust, Lender shall be entitled to reco�er such sum as the �ourt may ad�udge reasvnabl� as attorneys' fees at trial
<br /> and upon any appeal. Whether o� not any court a�tion is in�ol�ed, and ta the extent not prohibited hy law, all
<br /> reasona�le exp�ns�s Lender incurs that in Lender's opinion are necessary at any time for the protectian af its
<br /> interest or the enforcement vf its r�ghts shall become a part vf the Indebtedness payable nn demand and shall bear
<br /> interest at the Note rate from the date vf the expend�ture until repaid. Expenses c��ered by this paragraph include,
<br /> without limitat�on, howe�er subject�o any limits under appli�able law, L�nder`s attorneys' fees and Lender's legal
<br /> expenses, whether or nvt there �s a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> �including efforts to madify vr�acate any autamat�c stay ar injunction�, appeals, and any anticipated post-judgment
<br /> cvllection ser�ices, the cost of searching recvrds, obtaining title repvrts �in�luding fore�lvsure repartsy, sur�eyvrs'
<br /> repor'ts, and appraisal f�es, title insurance, and fess fvr the Trustee, ta the extent permitted by applicab#e law.
<br /> Trustor alsv will pay any court costs, in addition to all other sums pra�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e all ofi the rights and duties vf Lender as set forth in this s�cti�n.
<br /> P�1NER5 AND 4BLIGATI�NS �F TRUSTEE. The following pro�isions rela#ing to the pvwers and vbligativns vf Trustee
<br /> are part vf this De�d of Trust:
<br /> Powers vf Trustee. �n addition to al� pawers of Trustee arising as a matter of law, Trustee shall ha�e the pvwer to
<br /> take the following a�tions with respect to the Property upon the written request af Lender and Trustor: �ay join in
<br /> preparing and fiiing a map vr plat vf th� Real Property, �ncluding the dedi�ation of streets ❑r other rights to the
<br /> public; �bf join in granting any easem�nt vr creating any restriction on the Rea� Property; and �cy j�in in any
<br /> subordination or other agreement affe�ting th�s Deed o#Trust vr the inte�est❑f Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under appli�able law. In addition to the rights
<br /> and remedies set for#h abv�e. with respect to all or any part of the Property. the Trustee shall ha�e th� righ# to
<br /> fvreclose by notice and sale, and Lender shall ha�e the right tv foreclvs� I�y judi�ial foreclosure� in �ither case in
<br /> ac��rdance with and ta the full ext�nt pro�ided by applicable law.
<br /> Successvr Trustee. L�nder, at Lender's option� may from time tv�ime appoint a successvr Trustee tv any Truste�
<br /> appvinted under this ❑eed vf Trust by an instrum�nt executed and acknowledged by Lender and recorded in the
<br /> office af the recorder of Ha�l Cvunty, State of Neb�aska. The instrument shall contain, in additivn ta all v�her
<br /> matters requ�red by state law, the names o# the vrigina! Lender, Trustee, and Trustor, the book and page �ar
<br /> computer system reference� where this aeed o� Trust is recorded, and the name and address of the su�cessor
<br /> trust�e, and the instrum�nt shall be executed and acknowledged by all the henefic�aries under this Deed�f Trust vr
<br /> their successors in interest. The suc�essor trustee, withaut con�eyance of the Prvperty. shall suCce�d to all th�
<br /> title, power, and duties conf�rred upon the Trustee in this Deed of Trust and by applicahle iaw. This pro�edure for
<br /> substitut+on vf Trustee shall ga�ern to the exclusion of all oth�r pro�isians for substitutivn.
<br /> N�TICES, Any notice required t� b� gi�en under this aeed ❑f Trust, including without limitation any natice of de#ault
<br /> and any notice of sale shali be gi�en in writing. and shall be effiecti�e when actually deli�ered, when a�tually recei�ed
<br /> by tele�acsimile �unless otherwise required by lawy, when deposited with a nationally recognized o�ernight courier, or, if
<br /> maiied, ►n►hen deposited in the lJnited States mail, as #irst class, certified or registered mai� postage prepaid. directed to
<br /> the addresses shown near the beginning of this Deed vf Trust. A11 cvpies of notices ot foreclvsure #rom the holder vf
<br /> any lien which has privrity v�er this Deed of Trust shall be sent to Lender's address, as shvwn near the beginning of
<br /> this Deed of Trust. Any party may �hang� its address for noti�es under �h�s Deed ❑f Trust by gi►►ing formal written
<br /> notice t� the other parties, specifying that the purpose �f the noti�e is to change the party's address. For notice
<br /> pu�pvses, Trustvr agrees tv keep Lend�r infarmed at all times vf Trustor's current address. Unless otherwise pro�ided
<br /> vr requir�d by law, if there is more than one Trustor, any notice gi�en by Lender tv any Trustvr is deemed to be notice
<br /> gi�en to al!Trustvrs.
<br /> NiISCELLANEQUS PRaV�51�lVS. The fiollowing miscellanevus pra�isions are a part af this Deed af Trust:
<br /> Amendments. This D�ed of Trust, together with any Related ❑ocuments, constitutes the ent�re understanding and s
<br /> agreement of the parties as t❑ the matters set forth in this ❑eed of Trust. No altera#ivn of or amendment to this ;
<br /> Deed ❑#Trust shall �� effecti�e unless gi�en in writing and signed by the party or parties sought to he charged or f
<br /> bound by the alteration❑r amendment.
<br /> Annua� Rsports. If the Property is used fvr purposes other than Trustvr's residence, Trustor shafl furnish to
<br /> Lender, upon request, a certified statem�nt of net operating income recei�ed frvm the Praperty during Trustor's
<br /> pre�ivus #isca� yea� in such fvrm and detail as Lender shall require. "Net vperating income" shall mean all cash
<br /> receipts frvm the Property less all cash expenditures mad�in cannection with the op��at�on af the Property.
<br /> Caption Headings. Captivn headings in this Deed of Trust are for con�enEen�e purposes only and ar� not ta �e
<br /> used to int�rpret or define the pro�isions o#this ❑eed o#Trust.
<br /> Merger. There shall b� no merger❑f the interest or estate created by�his Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the bene�it of Lender 'rn any capacity, withvut the written consent
<br /> of Lender.
<br /> �o�erning Law. Th�s Deed of Trust wiil he go�erned by federai law appiicab�e to Lender and, #o the extent no#
<br /> preemp#ed by federal law,the laws vf the 5tate vf Nebraska w�thvut regard tv its�vnflicts of law pro�isivns. This `
<br /> �
<br /> Deed of Trust has been ac�epted by Lender in the State vf Nebr�ska. `
<br /> �
<br /> Choice af Venue. If there is a lawsuit, Trustvr agrees upon Lender's requ�st tv submit to the jurisdictian of the =
<br /> cvurts of guf#alv �ounty. State ofi Nebraska.
<br /> Nv Vllai�er by Lender. Lender sha�! nvt�e d��med ta ha�e wai�ed any rights under this ❑eed of Trust unless such
<br /> wai�er is gi�en in writing and signed by Lender. No c#elay or omission on the part of Lender in exercising any righ�
<br /> shall vperate as a wai�er of such right�r any other right. A wai�er by Lender of a prv�isian t�f this Deed vf Trust
<br /> shall not prejudice vr canstitute a wai�er of Lender's right otherwise to demand strict comp�iance with that
<br /> prv�isi�n or any other pra�ision vf this Deed of Trust. No priar wai�er by Lender, nvr any course of dealing
<br /> between Lender and Trustor, shall constitute a wai�er o� any vf Lender's rights or of any of Trustor's ❑bligations
<br /> as t� any future �ransactions. Whene�er the cansent of Lender is requir�d under this �eed of Trust, the gran#ing
<br /> vf such �onsent by Lender in any instanc� shall not constitu�e continuing consent tv subsequent instances where
<br /> such c�nsent is required and in all cases such c�nsent may be granted vr withhe�d in th�sole discretion of Lender.
<br /> 5e�erability. I# a cvurt of competent jurisdictian #inds any pro�ision of this Deed of Trust to �e illegal, in�alid, or
<br /> unenfor�eahle as to any c�rcumstance, that finding shall nvt make the offending p�o��sian illegal, in�a�id, or
<br /> unenforceab�e as ta any vther circumstance. I# feasible, the v#fending p�o�isivn shai! be conside�ed modified sa
<br /> tha� it b�comes legal, �alid and enf�rceable. If the of#end�ng pro�isivn �annot be sv mod�fied, +t shall be
<br /> cansidered deleted from this Deed of Trust. Unless otherwise required by law, the illegal�ty, in�alidity, or
<br /> unenforceability of any pra�ision af this Deed of Trust sha�f not affect the legality, �afidity or enforceahility of any
<br /> ather pro�ision vfi this Deed af Trust.
<br /> Successors and Assigns. Subject tv any limitations stat�d in this ❑�ed �f Trust on transfer vf Trustor's interest,
<br /> this Deed of Trust shall be binding upan and inure tv the benefit of the parties, their successors and assigns. If
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