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2� 1 ��593�
<br /> QEEa oF -rRusT
<br /> t�ontinued} Pa�e 7
<br /> Deed o�Trust or now or hereafter exis�ing at law❑r in equity or by statu�e. Every power or remedy gi�en by�he
<br /> Gredit Agreement or any of the Relat�d Dacuments #o Trustee or Lender or ta which ei�her of them may be
<br /> fltherwise entitled, may be exercised, cancurrently ❑r independen�ly, from time �o time and as often as may be
<br /> de�med exped�ent by Trustee or Lender, and either o�them may pursue inconsisten� remedies. Noth�ng in this
<br /> Deed of Trust shall be cons�rued as prohibiting Lender from seeking a def�ciency judgment aga�nst the Trustor t❑
<br /> the extent such action is perm�tt�d �y law.
<br /> Election �f Remedies. All o#� Lender's rights and remedies will be �umula�i�e and may be exer�ised aiane or
<br /> �ogether. !f Lender de�Edes to spend money or�o perform any o�Trustor's abligatians under this Deed of Trust,
<br /> after Trustor's fa�lure to do so, that dec�sion hy Lender will not affe�t Lende�`s right to dec{are Trustor in de'�auft
<br /> and�o exercise Lender's�emedies.
<br /> Request far Natice. Trus#or, on behalf a�Trustor and Lender, he�eby reques�s that a copy af any Notice o�❑efault
<br /> and a copy of any Notice of Saie under this Deed of Trust�e mafled �a them a#the addresses set forth in the first
<br /> paragraph of th is Deed of Trus�.
<br /> A�tvrneys` Fees; Expenses. If Lender institutes any suit ❑r action �o enfarce any of the terms �f this Deed o�
<br /> Trust, Lender shall �e enti�led to recaver such sum as the court may ad�udge r�asonable as at�orneys' fees at tria�
<br /> and upon any appeal. V1lhether or not any cour� actian �s invol�red, and to the �xtent nat prohibited by law, a!I
<br /> reasonable exp�ns�s Lender �ncurs that in Lender's opinion are necessary at any time for the protection of its
<br /> in�erest ar the enforcemen�o�its righ�s shall �ecome a part of the �ndeb�edness payable on demand and shal[ �ear
<br /> inter�s� at the Credit Agreement rate from the date ��the expenditure unti[ repaid. Expenses�co�e�ed by this
<br /> paragraph include, with�ut limi�a�ion, hawever subje�t ta any limits under applicabie [aw, Lender's attorneys' �ees
<br /> and Lender's lega! expenses, whether or na� there is a lawsuit, including atto�neys` fees and expenses for
<br /> bankruptcy proceedings �in�luding efforts to modify ar vacate any automati� stay or injunctian}, appeals, and any
<br /> anticipated post-judgment collection s�nr�ces, �h� cost of searching r�cords, ob�aining �i�le reports �inc�uding
<br /> foreclosure repor�s}, surveyors' reports, and appra�sa! fees, fi�tle insurance, and fees �or the Trustee, to the extent
<br /> permitted by applicable law. Trustor also wi[I pay any�our�costs, in addition�o a!1 other sums pro�ided by law.
<br /> Rights o�Trustee. Trus#ee sha[I have all❑f the rights and duties of Lender as set forth in th�s sec�ion.
<br /> P�1�IrERS AND OBLiGATl�NS QF TRUSTEE. The�ollowing pro�isions relating �o�he povvers and ob�igations o'�Trustee
<br /> are part of this D�ed❑f Trus�:
<br /> PawQrs nf Trustee. In addition to all powers of Trustee arising as a ma�ter o�law, T�ustee shal� have the power�o
<br /> tak� the fallowing actions with respect�o the Prope�ty upon the wri��en request of Lender and Trus�or: �a}jo�n in
<br /> preparing and fi�ing a map ar pla� of the Real Property, including the dedica�ion of stree�s or other rights �o the
<br /> public; �b} �oin in gran�ing any easement ar c�eafing any r�st�ictian on the Real Praperty; and �c} �ain in any
<br /> subordination or ather agreement affecting this Deed af Trust or th�in�e�es�of Lend�r under#his Deed�f Trust.
<br /> Trustee. Trustee sha11 m�et al� qual�fica�ions required for Trustee under applicable law. in addition to �h� rights
<br /> and remedies se�for�h abo�e, wi�h �espect�o all or any part of the Proper�y, the T�ustee shall have �he right to
<br /> foreclose by notice and sa1e, and Lender wili have the right to forec�ose by judicia� �orec�osure, in e�ther �ase in
<br /> aceordance with and to the fu[I extent p�o�rided by applicabie law.
<br /> Su�cessvr Trustee. Lender, a�Lender`s option, may from time to time appoint a successor T�ustee to any Trustee
<br /> appainted under this Deed of T�ust by an instrument executed and acknow[edged by Lender and recorded in the
<br /> o�fice of the recorder of HALL �ounty, S�ate ❑f Nebraska. The instrument shall con�ain, in addEtion ta a([ �ther
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page �or
<br /> computer system reference} whe�re this Deed of Trus� is rec�rded, and �he name and address of the suc�essor
<br /> trustee, and the instrument shall be ex��u��d and acknowledged by all�he�eneficiar�es under th is Deed af Trust or
<br /> their successors in interest. The sucGessor trust�e, without c�n�eyance af the Praperty, sha11 succeed �o a1[ the
<br /> �itle, power, and du�ies conferred upon the Trustee in this Deed of Trus�and by applicabfe law. This pracedure for
<br /> substitu��on of Trustee sha�l govern to�he exclusion of a��other pro�is�ons�for substitutian.
<br /> NDT�CES. Any notice requ�red to 1ae gi�en under this Deed ❑f Trust, including without limitati�n any notice of default
<br /> and any natice o�sale shall be gi�en in writing, and shalf be��f�c�i�e rlvhen actually delivered,when actual�y �e�e't�red
<br /> by te[efacsimile�unless a�herv+r�se required by law},when deposited with a n�tiona�ly recognized overnigh�courier, or, if
<br /> maiied,wh�n depasited in the United States mai[, as fi�st c�ass, certi�ied or registered mail postage prepa�d, directed to
<br /> the addresses shown near the beginning of this ❑eed ❑f Trust. A�� �opies af nafiices ❑f fa�eclosure from �he holder o�
<br /> any lien �rvhich has priority over this D�ed ❑�Trus�shall be senfi to Lender's address, as shown near the beginning o�
<br /> this Deed afi Trust. Any persor� may change his or her address for notices under�his Deed o�Trust by giving formal
<br /> writt�n notice to the other person or persons, spec�fying that the purpose of the notice is to change the pe�son`s
<br /> address. For notice purposes, Trus�or agrees to keep�ender inform�d at a[(�imes�f Trustor's current address. Un�ess
<br /> othen�vis� provided ar required by law, i��here is mo�e than on�Trustor, any notice g�ven by Lender to any Trustor�s
<br /> deemed to be no�ice given to af!Trus�ors. lt w�f1 be Trus�or's responsih�lity fo�ell the o#hers of the notice from �ender.
<br /> �I1S�ELLANE�US PR�V�S��NS. The foflowing misc�llaneous provisians are a par�of this Deed af Trus�:
<br /> Amendments, Wha� is written �n �his �eed of Trust and in the Re�ated flocuments �s Trustor's entire agreement
<br /> with Lende�concerning the ma�ters covered by�his Deed of Trust. To be e�fecti�e, any change ar amendment to
<br /> this Deed of Trust mus�be in wri�ing and must �e signed by whoe�er will 1ae bound or obligated by the change or
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