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2� 1 ��5777
<br /> DEED �F TRUST
<br /> ��ont�nu�d� Pa�e �
<br /> any laws now or hereafter in farce; notwithstanding, some or a11 of such indebtedness and olaEigations secured by
<br /> this Deed of Trust may no►rv ar hereafter be ❑therwise secured, whether by mortgage, de�d o# trust, pledge, lien,
<br /> assignment or ❑therwise. Neither the acceptance of this Deed of Trust n�r its enforcement, whether k�y court
<br /> action or pursuant t❑ the power of sale ar other powers contained in this D�ed o# Trust, shall prejudice ar in any
<br /> manner affect Trustee's or Lender's r�ght to realize upon or enforce any vther security now or hereaf#er h�ld by
<br /> Trustee vr Lender, it being agreed that Trustee and Lender, and each of them, shall he entitled t❑enforc�this ❑eed
<br /> v� Trust and any ather security nov►► or he�eafter held by Lender vr Trustee in such order and manner as they ar
<br /> either of them may in their absvlute discretian determine. No remedy con#erred upon ❑r res�r�ed to Trustee or
<br /> Lender, is int�nded to be exc�usi�e o� any ather remedy in this De�d of Trust ar by law pro�ided or permitted, bu�
<br /> each sha�l be �umulati�e and shall be in add+tion to every ather rem�dy gi�en in this ❑eed of Trust or now ❑r
<br /> hereafter existing at law or in equity�r by statute. E�ery pawer or remedy gi�en by the Note or any of th� Refated
<br /> Documents to Trustee or Lender or t❑ whi�h either of them may be otherwise ent+t�ed, may be exercised,
<br /> c�ncurrently or indep�ndently, from time to time and as aften as may be deem�d expedient by Trustee or Lend�r,
<br /> and either o# them may pursue inconsistent remedies. Nothing in this ❑eed of Trust sha�l be cvnstrued as
<br /> prohibiting Lender from seeking a de�iciency judgment against th�Trustar to the extent such a�tion is permitt�d by
<br /> iaw. Election by Lender t❑ pursue any remedy sha�l not exclude pursuit of any vther remedy, and an eiection to
<br /> make expenditures or ta take action to perform an obligatian af Trustvr under this Deed of T�ust, aft�r Trustor's
<br /> failure ta perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Request far Notice. Trustvr, on k�ehalf vf Trustor and Lender, hereby requests that a cvpy of any Notice vf ❑efauit
<br /> and a copy af any Natice of 5ale under this Deed of Trust be mailed to them at the addr�sses set forth in the first
<br /> paragraph of this ❑eed of Trust.
<br /> Attvrneys' Fees: Expenses. �f Lender institutes any su+t ar actian to enforce any of the terms of this ❑eed of
<br /> Trust, Lender sha�1 he entitied to reco�er such sum as the cvurt may adjudge reasanable as at�vrneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is in�al��d, and to the exten� not prohibited by law, all
<br /> reasonabl� expenses Lender in�urs that in Lender's opinion ar� necessary at any time for the protection vf its
<br /> interest ar the enforcement vf its rights shall becvme a part of the Ind�btedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid, Expenses co�ered by this paragraph include,
<br /> without limitatian, hawe�er subject t❑ any limits under appficak�le law, L�nder's attorneys' #ees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attarneys' fe�s and expenses for bankrupt�y praceedings
<br /> �includ�ng efforts to madify or�acate any automatic stay ❑r injunctionf, appeals, and any ant+cipated post-judgment
<br /> cvllection ser�i�es, the cost of searching records, obtaining title r�parts {including fore�losure rep��tsj, sur�eyors"
<br /> reports, and appraisal fees, title �nsurance, and fees for th� Trustee, to the extent permitted by appli�able law.
<br /> Trustor als❑ will pay any court costs, in addition to all vther sums pro�ided by law. ,
<br /> Rights�#Trustee. Trustee sha11 ha�e all o�the rights and duties of Lender as set forth in this section.
<br /> PDWERS ANC3 aBLIGATI0N5 OF TRUSTEE. The following pro�isions relating to the powers and vhligations ❑f Trustee
<br /> are part of this Deed af Trust:
<br /> Powers of Trustee. In additivn t❑ all powers of Trustee arising as a matter❑f law, Trustee shall ha�e the pow�r to
<br /> take the following activns with respect ta the Praperty upan the written request af Lender and Trustor: �a� join in
<br /> preparing and #iling a map or plat of the Real Property, in�luding the dedi�ation �f streets vr ❑ther rights to th�
<br /> public; �b� join �n granting any easement vr creat+ng any restriction on the Real Property; and ��� jain in any
<br /> subordination or other agreement affecting this Deed of Trust or the inte��st of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet aii qualifications required for Trust�� under applicable law. In addition to the rights
<br /> and remedies s�t forth above, with respe�t to all ar any part nf the Property, the Trustee shall ha�e the right to
<br /> fareclase by notice and sale, and Lender shall ha�e the right to foreclose by judicia� forecfosure, in eith�r case in
<br /> ac�ordan�e w�th and to the fuil extent pro�ided by applicable law.
<br /> SL1CC@550�TCL15t8B. Lender, at Lender's optian, may from time #❑ time appoint a successor Trustee to any Trustee
<br /> appointed undsr this Deed of Trust by an instrument �xecuted and acknowledged by Lender and recorded in the
<br /> office of the re�order �f Ha�1 Cvunty, State of Nebraska. The instrument shall cantain, in addition to all ather
<br /> matters requir�d by state law, the nam�s of the ❑riginal Lender, Trustee, and Trustar, the boak and page �ar
<br /> �vmputer syst�m refer�ncey wher� this Deed vf Trust is recvrded, and the name and address of the suc�essor
<br /> trustee, and the instrument shall he executed and acknnwledged by all the beneficiaries under this ❑eed of Trust❑r
<br /> their success�rs �n interest. The successor trustee, withaut con�eyance of the Pr�per�y, shall su�ceed to all the
<br /> titl�, power, and duties conf�rred upon the Trustee in this Deed of Trust and by applicabl� law. This procedure for
<br /> substitutian of Trustee shall go�ern to th� exclusion of all other pra�isions for substitutian.
<br /> N�TICES. Any noti�e required t❑ be gi�en und�r this Deed ❑f Trust, in�luding without limitation any nvtice vf default
<br /> and any n�tice o# sale shall be gi�en in writing, and shall b� effecti�e when actually deli�ered, when actually recei�ed
<br /> by te�efacsimile �unless otherwise required by law}, when deposited with a nationally r�cognized a�ernight courier, or, if
<br /> mail�d, wh�n deposited in the United States mail, as f�rst c�ass, certifi�d or register�d mail postage prepaid, directed to
<br /> the addresses shvwn near the beginning af this ❑eed ❑f Trust. Ail copies �� nat�ces of foreclosure frvm the holder of
<br /> any lien whi�h has pr+arity o�er this Deed o� Trust shall be sent to Lend�r's address, as shown near the beginning of
<br /> this Deed of Trust. e4ny party may �hange its address fvr notices under this Deed of Trust by gi�ing formal written
<br /> nvt+ce to the other parties, specifying tha� the purpose �f the notice is to �hange the party's address. For n�tice
<br /> purpas�s, Trustor agre�s t❑ keep Lender inrtarmed at all times of Trustor's �u�rent address. Unless otherwise pra�ided
<br /> vr requir�d by law, if there is m�re than one Trustor, any n�tice gi��n by Lender to any Trustar is de�med to be natice
<br /> gi�en t❑ all Trusto�s.
<br /> MISCELLANE�LJS PR�ViS�aNS, The fallowing miscellan�ous pro�isians are a part af this Deed of T�ust:
<br /> Amendments. This Deed of Trust, tvgether with any Fielated Dacuments, constitutes the entire understanding and
<br /> agreement of the parties as to th� matters set forth in this ❑eed of Trust. No alteration of o� amendment to this
<br /> Deed of Trust shall be effecti�e un�ess gi�en in writing and signed �y the party ar parties sought to be �harged ar
<br /> bvund by the alteration or amendment.
<br /> Annual Repvrts. If the Property is us�d for purpases ❑ther than Trustor's residen�e, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating inc�me re�ei�ed from the Property du�ing Trustor's
<br /> pre�ious fiscal year in such form and deta�� as Lender shall require. "Net ❑perating in�ome" shall mean all �ash
<br /> re�eipts from the Prflpe�ty iess all cash expenditures made in connectfvn with the ❑perati�n vf the Prop�rty.
<br /> Captian Headings. �aption headings in this Deed of Trus# are fvr con�enien�e purposes anly and are not to be
<br /> us�d to interpret or define the pro�isions of this ❑eed of Trust.
<br /> Merger. Ther� shall be no merger af the interest❑r estate creat�d by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the b�nefit o� Lender in any �apacity, without the written consent
<br /> of Lender.
<br /> Go�ern+ng Law. This Deed af Trus# will he go�ern�d by federal law applicahle tv Lender and, to the �xtent not
<br /> pr�empted by federal law, the faws of the S#a#e of Nehraska withvut rggard ta its�onf�icts a�!aw pro�+sions. This
<br /> �eed of Trust has heen accepted hy Lender in the State af Nebraska.
<br /> Choice nf Venue. 1f there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
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