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<br /> DEED �F TRUST
<br /> ���ntinued� Pa�e s
<br /> under this Deed �f Trust, under the Nate, under any of the Related Documents, or under any ather agreement or
<br /> any laws nvw or her�a#ter in force; notwithstanding, svme or all vf such indebtedness and obligatinns secured by
<br /> this Deed ❑f Trust may now or hereafter be otherwise secured� whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or ntherwise. N�ither the ac�eptance v# this ❑eed a# Trus# nar its enfvrcement� whether by court
<br /> a�tion or pursuant to the pawer❑f sa�e or other powers contained in this ❑eed ❑#►T�ust, shail prejudice or in any
<br /> manner affe�t Trustee's or Lender's right t❑ realize upon or enfvrce any vther security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and ea�h vf them, shall be entitled to enforce this Deed
<br /> of Trust and any other security now or hereaft�r held �y Lender or Trustee in such order and manner as they vr
<br /> either of them may in their absolute dis�retian determine. N� remedy c�nferred upan or reser�ed to Trustee or
<br /> Lender, is intended to be ex�lus��e of any other remedy in this ❑eed of Trust ar by law prv��ded or permitted, hut
<br /> each shall be cumu�ati�e and shalf be in addition to ��ery other remedy gi�en in this ❑eed o# Trust �r now �r
<br /> h�rea�ter existing at law or in equity or hy statute. E�ery pawer ar remedy gi�en by the Note ar any of the Related
<br /> �ocuments to Trustee or Lender or to which either ❑f them may he otherwise entitled. may be exer�ised,
<br /> cvncurrently or indepsndently, from tim� to#ime and as aften as may he d�emed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be cvnstrued as
<br /> prohihiting Lender from seeking a de#�ciency judgment against the Trustor to the ex�ent such activn is permitted by
<br /> law. Election hy Lender to pursue any remedy shali not exclude pursuit ❑f any oth�r remedy, and an election to
<br /> mak� expenditures or to take ac#ion to perfvrm an vbliga�ion ❑f Trustar under this Deed of Trust, after Trustvr's
<br /> failure to perfvrm, sha11 not affect Lender's right to declare a default and exercise its r�medies.
<br /> Request for Notice. Trustor, on behalf of Trustvr and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed vf Trust he mailed �❑them at the address�s set fvrth in the first
<br /> paragraph of this Deed af Trust.
<br /> Attorneys' Fess; Expgnses. If Lender institutes any suit or action to enforce any of the terms vf this Deed a#
<br /> Trust, Lender shall be entitled to reco��r such sum as �he caurt may adjudge reasvnahle as attarneys' fees at trial
<br /> and upon any appeal. Whether ar not any cvurt activn is in�al�ed, and to the �xtent not prohibited by �aw, all
<br /> reasonable expenses Lender incurs that in Lender's apinivn are nec�ssary at any time for the pratect+an of its
<br /> interest or the enfor�ement of i�s rights shall become a part of the indebtedness payable vn demand and shall bear
<br /> interest at the Note rate f�om the date of the expenditure until repaid. Expenses co�ered by this paragraph include�
<br /> withaut limi�a#ion, hvw��er subje�t to any limits under applicabls law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or no# #here is a lawsu�t, �nciuding attvrneys' fees and expenses fvr bankruptcy prviceedings
<br /> �including e#farts to mad�fy nr�acate any automatic stay or injunctionj, appeals, and any anticipated p�st-judgment
<br /> collectian ser�ices, #he cost of searching recards, �btaining title repor#s �in�luding fareclosure reports�, su��eyors'
<br /> reports, and appraisal fses, title insurance, and fees for the Trustee, ta the extent permitted by applicable law.
<br /> Trustor aiso will pay any cvurt costs, in addit+on tv all oth�r sums pro►►+ded by law.
<br /> Rights vf Trustae. Trustee shall ha�e all of the rights and duties of Lender as set forth in this sectian.
<br /> P�VIIERS AND OBLIGATI�NS �F TRUSTEE. The folivwing pro�isions rslating tv the pawers and obligatians o#Truste�
<br /> are part of this ❑eed of Trust:
<br /> Powers vf Trustee. In addition to all powers af Trustee arising as a matter of law, Trustee shall ha�e the power ta
<br /> take the following actions with respect to�he Prvp�rty upon the writ#en request vf Lender and Trustor: �af jo�n in
<br /> preparing and fi�ing a map or plat af the Real Propsrty, includ'+ng the dedication of stre�ts vr other rights ta the
<br /> �public; (b� join in granting any easement ar creating any restriction an �he Real Property; and �cy join in any
<br /> subordinatinn ar other agreement affecting this Deed vf Trust or#he interest vf Lender under this❑eed af Trust.
<br /> Trustee. Trustee shall meet all qualifiCations required fvr Trustee under applicabie law. In additivn tv the righ�s
<br /> and remedies set fvrth abo�e, with respect to all or any part of the Property. the Truste� sha�� ha�e th� right t❑
<br /> foreclase by notice and sale, and Lender shaii ha�e th� right�v foreci�se by jud�cial foreclvsure, in either case in
<br /> accordance w+th and to the full extent pro�ided by applicable law.
<br /> Su�cesaor T�ustaa. Lender, at Lender's vpt��n� may frvm time to time appaint a successor Trustee to any Trustee
<br /> appainted under this Deed af Trust by an instrument executed and acknowledged by Lender and recvrded in the
<br /> office of the recorder of Hall Caunty, State ❑f Nebraska. The instrument shall �antain, in additivn t❑ all other
<br /> matters required by state law, the names v� the ariginal Lender. Trustee. and Trustvr, the book and page �or
<br /> cvmputer system reference� where this Deed of Trust is recorded, and the name and address ofi the successvr
<br /> trustee, and the instrument shall be executed and a�knvwledged hy all the k�eneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor�rustee, withou# �on�eyance ❑f the Property, shall succeed ta all the
<br /> titl�, power, and duties cvnferred upon�he Trustee �n this Deed vf Trust and by applicable 1aw. This procsdure�ar
<br /> substitution of Trustee shall gv�ern to the exclusion vf all❑ther pro�isions fior substitutivn.
<br /> N�TIGES. Any natice requEred to be gi�en under this Deed o�Trust, including without �imitati�n �ny notice af default
<br /> and any notice of sale shail he g+�en in writEng, and shall be effiecti�e when actually deli�e�ed, when actually received
<br /> by telefacsimile �unless vtherwise required by�awy, wh�n dep�sited with a nationally recognized o�ernight�ou�ier, or, if
<br /> mailed� when deposited in#he lJnited 5tates ma+l, as first class, certi�ied or register�d mail pastage prspaid. directed tv
<br /> the addresses shown near the beginning of this aeed of Trust. All cvpies v� notices of foreclosure from the holder of
<br /> any lien which hes priority o�er this Deed of Trust shall be s�n# to Lender's address, as shown near the beginning ❑f
<br /> this Deed vf Trust. Any party may ch�nge its ad�ress �or notices under this Deed vf Trus� by gi�ing #ormal written
<br /> nvti�e to the other pa�ties� specifying that the purp�se vf the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees�o keep Lender informed at al!times o�Trustor's current address. LJnless❑therwise pro�ided
<br /> or required by iaw, if there is more then one Trustor, any notice gi�en by Lender to any Trustor is deemed tv be notice
<br /> gi�en tv all Trustors.
<br /> MiSCELLANE�uS PRDVISIQNS. The�ollowing miscellanevus pro�isions are a part o#this C]eed of Trust;
<br /> Arr�gndm�nts. This Deed of Trust, together with any Related Dvcuments, const'rtutes the entire understanding and
<br /> agreement of the perties as ta #he metters set forth in this D�ed of Trust. Nv alteration ❑f or amendment t� this
<br /> Deed af Trust shal� he effect+�e unless gi�en in writing and signed hy the party or parties saught to be charged ar
<br /> baund hy the elteration ar amendment,
<br /> Annual Raports. If the P�operty is used for purposes other than Trustor's residence, Trustor shali furnish to
<br /> Lender� upon rsqu�st. e certified statement of net operating income recei�ed from the Property during Trustor's
<br /> pre�ious fis�al ye�r in such form and detail as Lender shail require. "Net operating income" shall mean all cash
<br /> receipts fram the Praperty less��I cash expenditures made in connection wEth the operation of the Property.
<br /> Capti�n Haadings. Capt+vn headings in th�s Deed of Trust are for con�en�ence purp�ses on�y and are not tv he
<br /> used tv interpret or dgf�ne th�pfo�+s�ons of this Deed af Trust.
<br /> Merger. There shel! be no merger vf the interest or estate created hy this Deed of Trust wi�h any other interest vr
<br /> estete in the Property et eny time held by or for the benefit�f Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Go�erning Law. Thia Daed of Trust will be g��erned hy feder�l !aw �ppii�ab#e to Lgnder and, to the extent not
<br /> preemptad by fadsrel lew,the laws of tha Stet�vf Nebreska without regard tv its conflicts of!aw pro�isions. This
<br /> �sad of Trust has been accaptsd by Lander in tha State of Neb�eska.
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