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2� 1 ��5931
<br /> DEE� �F TRUST
<br /> �Continued� Page 6
<br /> per��rmanc�of any indebtedness�r�bfigations secured by this ❑eed of Trus�and to exercise a�l rights and powers
<br /> under this ❑eed o�Trust, under the Note, under any a# the Related Documents, or under any other agreement or
<br /> any laws now vr hereaf�er in for�e; notwithstand�ng, some or all of such indebtedn�ss and ohligations secured by
<br /> �his Deed of Trust may naw or hereafter be vtherwise secured, whe�her by martgage, deed vf trust, pledge, li�n,
<br /> assignment or otherwise. Neither the acceptance ❑f this Deed of Trus� nor its enfarcement, whether by court
<br /> actian or pursuant ta the pvwer �f saf� or oth�r powers contained in this Deed of Trust, sha�� prejudice or in any
<br /> manner affect Trustee's or Lender's right to reafize upon �r enforce any other security now or hereafter held by
<br /> Trustee ar Lender, it heing agreed that Trustee and L�nder, and each af�hem, shall b�entitfed t�enfiorce�his Deed
<br /> a� Trus� and any other se�uri�y n�w or h�reafter held �y Lender or Trustee in such order and manner as they �r
<br /> either of th�m may in their absolute discretion determine. N❑ remedy �onferred upon or rese��ed t❑ Trus�ee or
<br /> Lender, is in�ended �o �� exclusi�e af any other remedy in this Deed of Trus�or �y law pro�ided or p�rmi��ed, but
<br /> each shall be cumulati�e and �hall b� in add�tion ta �v�ry other rem�dy gi�en in �his Deed o� Trust or now or
<br /> h�reafter existing at faw or in equi�y or by statute. E�ery powe�or remedy gi�en by the Not�or any o�the Related
<br /> Dacumen�s to Trustee ar Lender or �a which �ither o� them may be otherwise entitled, may be exercised,
<br /> c�ncurrently ar independ�ntly, from tim� to time and as often as may be deemed �xpedien� �y Trustee or Lender,
<br /> and �ither of �hem may pursue inconsis�ent remedies. N�thing in this Deed of Trus# shall be constru�d as
<br /> prohibiting Lender�rom s��king a defi�iency judgment against th�Trustar�o the extent such a�ti�n is perm�tted by
<br /> law. Election by Lender t❑ pursue any remedy shall not exclude pursuit ot any ather remedy, and an eiecti�n to
<br /> make �xp�nd�tures or �o �ake action t� per�orm an obliga�ion of Trustor under this Deed o� Trust, af�er Trustar's
<br /> failure�o perform, shall nat affect L�nd��'s r�ght�a declare a defaul�and exercise its remedies.
<br /> Request far Noti�e. Trustor, Qn behalf ot Trustor and Lender, hereby reques�s that a copy o�aray Notice of Defiauft
<br /> and a copy ❑f any Notice v# 5ale under�his De�d o�Trust be mailed to them at the addresses set#o�th in the first
<br /> paragraph of this Deed o�Trust.
<br /> At�orneys' Fees; Expenses. I� Lender institutes any suit or actian to enforce any of the �erms o� this Deed of
<br /> Trust, Lender shall be entitfed t❑ re�o�er such sum as the court may adjudge reasanable as attarneys' fees at trial
<br /> and upon any appeal. Whether or not any court ac�ion is in�ol�ed, and t❑ the extent not prohibited by law, all
<br /> reasonabfe expenses Lender incurs �hat in Lender's opinion are necessary at any �ime fnr the pro�ection o� its
<br /> interes�or the en�orcemen�of its rights sha�� become a part of�he Indeb�edness payab�� �n demand and shal� bear
<br /> inte�est at�he Not� rate f�om the da�e❑f th�expenditure unti� repaid. Expenses co�ered by this paragraph include,
<br /> with�ut limita�ion, howe��r suhJe�t to any limits under appli�able law, Lender's attorneys' �e�s and L�nder's �egal
<br /> expenses, whe�her ar not the�e is a lawsui�, in�luding attarneys' �ees and exp�nses far �ankruptcy pro�eedings
<br /> �including ef�orts to modify or�acate any automa�ic stay or injuncti�n7, appeais, and any anticipated post-judgment
<br /> collect�on ser�ices, �he c�st o�searching records, ob�aining title reports �inc�uding foreclasure rep�rts}, sur�eyors'
<br /> reports, and appraisal fees, tit�e insurance, and tees �ar the Trust�e, t❑ '�he extent permitted by applicah�e law.
<br /> Trus�ar afso will pay any�ourt casts, in additian�o all o�her sums pro�ided �y law.
<br /> Rights o�Trustee. Trus�ee shafl ha�e al!of the rights and duties of Lender as set�orth �n this section.
<br /> P�WERS AND DBLIGATiDNS DF TRUSTEE, The faf�awing pro�isions relating to�he powers and obligations vf Trustee
<br /> are part of this Deed of Trust:
<br /> Powers vf Trusfiee. In addit�on �o all powers of Trus�ee arising as a matte�o�law, Trustee shall ha�e the power t❑
<br /> take the �ollowing a�tions with respect to the Property upon the wr�tten request o� Lender and Trust�r: �a7 jain in
<br /> preparing and filing a map or p�at o� the Real Property, including the d�dicati�n o� streets ❑r other rights to the
<br /> public; {bf jo�n in gran�ing any easement �r creating any res�riction on the Reaf Prop�rty; and ��� join in any
<br /> subordination��ath�r agreement affecting this Deed of Trus�or the in�eres�of Lender under th�s Deed of Trus�.
<br /> Trus#ee. Trus�ee shail m�et all qualifi�a�ions required �or Trust�� under applicable law. ln addition to the rights
<br /> and remedies set forth aba��, with respec� �a all or any part of th� Property, the Trustee shall ha�e the �ight to
<br /> �oreclos� by noti�e and safe, and �end�r shall ha�e the right t❑ foreclos� by �udicia! foreclvsure, in either Gase in
<br /> accordance with and to�he fuff extent pro�ided by applicahle law.
<br /> Successvr Trustee. Lender, at Lender's option, may fram time to time appoint a successor Trustee to any Trustee
<br /> appainted under this Deed o� Trust by an instrument executed and acknowledged by Lender and reca�ded in the
<br /> office of the recorder of Ha�� Coun�y, 5�a�e of Nehraska. The instrument shall contain, in additian to a!! other
<br /> matters required by state faw, the names vf the original Lender, Trustee, and Trustor, the boak and page 4or
<br /> compu�er system re�erencey where this D�ed o� Trust is recorded, and the name and address of the sucGessor
<br /> t�ustee, and�he instrument shall be executed and acknaw�edged by all the beneficiaries und�r this Deed of Trust�r
<br /> their successors in interest. The successor truste�, without con�eyance of the Property, shall suc�eed �o all the
<br /> ti�le, power, and duties con�e�red upon the Trustee in this Deed v�Trust and by applicable (aw. This proc�dur� far
<br /> su�stitutivn o�Trus�ee shall go�ern to the exclusion of all o�her pro�isians�ar suhstitution.
<br /> NDT��ES. Any notice required �a be gi�en under this Deed vf Trus�, including without fimitat�on any no�ice of d�fault
<br /> and any no�ice of sal� shal� be gi�en in writing, and shal� be ef#ecti�e when actually deli�ered, when actually recei�ed
<br /> by tefe�acsimile �unless otherwise required by fawy, when d�pasited with a nationally recognized ���rn�ght�ourier, ar, if
<br /> mailed, when deposited in the United 5�ates mail, as first class, certi��ed or registered mail pos�age prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All cnpies o� notices o� foreclosure from the ho�der of
<br /> any lien which has priarity o�er this Deed a�Trust shall he sent to Lender's address, as shown near the beginning of
<br /> �his Deed nf Trust. Any party may change its address for nQtices under this �eed af Trust �y gi�ing formal written
<br /> notice ta the oth�r part�es, specifying that the purpose o� the no�ice is to change the party's addr�ss. For na�ice
<br /> purp�s�s, Trustor agrees to keep Lender informed at all times o�Trustor's current address. Unless otherwise pro�ided
<br /> ar required by law, if�here is mare than one Trustvr, any notice gi�en by L�nd��to any Trustvr is deemed ta h� notice
<br /> gi�en to aff Trustors.
<br /> MISCELLANEaUS PR�VISIDNS. The fo��ouv�ng miscellaneous pro�isians are a part of th�s ❑eed ❑�Trust:
<br /> Amendments. This Deed af Trust, together with any Related Do�uments, constitutes the enti�e understandin� and
<br /> agreement ❑f the parties as �v �he matters set forth in this ❑eed of Trust. No alteration of �r amendmen# �o this
<br /> Deed o�Trust shal! be e�f��ti�e unless gi�en in writ�ng and s�gned by the party ar parties sought�o b� charged or
<br /> bound by the al�eration�r amendment.
<br /> Annual Reports. If �he Property �s used far purpases other than Trustor's residence, Trustor shall furnish to
<br /> Lender, upon request, a cer�ified statem�nt Qf net operating income recei�ed from the Prope�ty during Trus�or's
<br /> pre�ious �iseal y�ar in such �arm and detail as Lende� shall require. "Ne� opera#ing income" sha�� mean all cash
<br /> receipts from the Property less all cash expenditur�s made in connectivn with the operation�f the Property.
<br /> Caption Headings. Capt�on headings in this Qeed af Trust are for con�enience purposes only and are not to be
<br /> used to �nterpret or de�in�the pro�isions of�his De�d�f Trust.
<br /> Merger. There shall he no me�ger of the interes�or estate �reated by this Deed of Trust wi�h any other interest❑r
<br /> estate in the Praper�y at any time held by or far the benefit❑f Lender in any capacity, wi�hout�he written consent
<br /> ❑f Lende�.
<br /> G��erning Law, This Deed ❑f Trust will be gv�erned by federaf �aw app�icable to Lender and, �o the extgr�t not
<br /> preempted hy fede�al law,the laws o�the S�ate v�f Nebraska without regard tv its conflicts of Eaw prv��sivns. This
<br /> Deed vf Trust has been a���pted by Lender in the S�a�e a#Nebraska.
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