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2� 1 ���379
<br /> DEED �F TRUST
<br /> Lvan No: 35��39��� �C�nt�rlu�d] Pa�� �
<br /> Remedies Nat Ex�[usive. Trustee and Lender, and each of #hem, sha1l be en#itled �o enfarce paymen� and
<br /> perfvrman�e of any indebtedness ar�bligativns secured by this Deed of Trust and�o exercise a!I rights and powers
<br /> under this Deed af Trust, under the Nate, under any o�the Related Dflcuments, �r under any other agreement or
<br /> any[aws now or hereafter in force; n�twi�hstanding, same vr all of such indebtedness and obligati�ns secured by
<br /> this Deed af Trust may now or hereaffer be vtherwise secured, whether by mortgage, deed af trust, pledge, lien,
<br /> assignment or othen►vise. Neither the acceptance of this Deed of Trust nor i�s enforcemen#, whether by caurt
<br /> ac�ian ar pursuant t�the power of sa[e or other powers contained in this Deed o�Trust, shall prsjudice vr in any
<br /> manner affect Trustee's ar Lenderts righ#to realize upan or en�ar�� any ather security naw or hereaf�er held by
<br /> Trus�ee or L�nder, it being agr�ed that Trustee and Lender,and each of them, shall be entit[ed to enforce this Deed
<br /> af Trus# and any other security no►►v or hereafter held by Lender vr Trus�ee in such ❑rder and manner as they or
<br /> either of them may in their absalute discretion determine. No remedy conf�rred upon �r resenred to Trustee or
<br /> Lender, is intended to be exclusi��nf any other remedy in this Deed af Trust or by[aw pro�ided or permitted, but
<br /> each shali be cumulati�e and shall he in addition ta e�ery other remedy gi�en in this Deed of Trust ar now ar
<br /> hereafter existing at!aw or in equi�y or by statute. E�ery power ar remedy gi�en by'the Nvte ar any vf the�e[ated
<br /> Dacuments t� Trustee or Lender or to which either of �them may be ��herwise entitied, may be exercised,
<br /> concurrently ar independently,from�ime fia time and as of�en as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. N�thing in this Deed of Trust shaCC he construed as
<br /> pr�hibiting Lender frvm s�eking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. E[ec�ion by Lender to pursue any remedy shalI n�at exclude pursuit of any other remedy, and an eiectian to
<br /> make expenditures�r�o take activn tv pe�form an obliga�ian vf Trustar under this Deed af Trust, af��r Trustor's
<br /> faikure tv pertorm,shall not affect Lender's right�a decIare a defauit and exercise its remedies.
<br /> F�eques�t'for Nv�ice. Trusfior, on beha[f of Trustor and Lender, hereby requests that a copy of any Notice of Defau[t
<br /> and a copy af any Notice of Saie under this�7eed o�Trust be mailed tv them at the addresses set forth in the first
<br /> paragraph o�this Deed of Trus#.
<br /> Aftorneys' Fees; Expenses. If Lender institutes any suit or actian to enfarce any o�r the terms of this Deed of
<br /> Trust, Lender shai[be entitled to reco�er su�h sum as the court may adjudge reasanabl�as attorneys'fees at trial
<br /> and upon any appeal. Whether or nvt any cvurt actian is in�olved, and t� �he extent not pr�hibited by law, all
<br /> reasonabl� expenses Lender incurs that in Lender's opinion are necessary at any time for the pratectivn vf its
<br /> interest ar the enforcement af its rir�hts sha11 become a part of the Indebtedness payahle on d�mand and shall bear
<br /> in�erest at�he Nv#e rate fr�m the date of the expenditure until repaid. Expenses caWered�y this paragraph include,
<br /> without Iimitativn, howe�er subjec#to any 1im�ts under applica.�Ie law, Lender's at�orneys'fees and Lender's legal
<br /> expenses, whether or not there is a Iawsuit, including attvrneys' fe�s and expenses for bankruptcy praceedings
<br /> �inc[uding e�#orts to modify or�acate any automa�ic stay or injunction}, appeals, and any anticipated pos�judgm�nt
<br /> callectian ser�ices, the cost of searching recards, obtaining title rep�rts �including far�c[osure reports}, sur�eyors'
<br /> reparts, and appraisa[ fees, titfe insurance, and fees fvr the Trustee, to the extent permitt�d by applicable law.
<br /> Trustor also wil!pay any court cosfis, in addition�o a[[oth�r sums pro�id�d by law.
<br /> �ights af Trus�ee. Trustee sha[!ha�e a.[!of the rights and duties of Lender as set forth[n this section.
<br /> PDWERS AN� �BL[GATIQNS OF TRUSTEE. The follvwin� pra�isions re[ating to the powers and ob[igations of Trus��e
<br /> are part of this Deed of Trus�:
<br /> Po�n►ers of Trustee. ln additian ta aC[powers of Truste� arising as a matter of[aw,Trust�e shall ha�e the po►rver to
<br /> take the fol[owing actians with respect to the Praperty upon the written request of Lender and Trustor: {a}jvin in
<br /> preparing and �iling a map �r plat of the Real Property, inciuding the dedication af streets or other rights to the
<br /> public; ��} j�in in granting any easement vr crea�ing any restriction on the Rea� Property; and �c} join in any
<br /> subardina�ion c�r o�her agreem�nt af�ecting this i�eed vf Trust or the interest of Lender under t�is Deed of Trust.
<br /> Trus�ee. Trustee shall meet ali quali�ications r�quired #or Trustee under app[i�a�Ie law. ln addi�ifln tv the rights
<br /> and remedies set forth abo�e, with resp�ct ta al[ or any part of the Property, the Trustee shai[ ha�e the right t�
<br /> f�rec[ase by notice and sale, and Lender shalC ha�e the right to foreci�se by judiciai fvreclvsure, in either case in
<br /> accvrdance with and ta the fu[I extent pro�ided by applicable law.
<br /> Success�r Trustee. Lender, at Lender's aption, may from time to time appvint a successar Trustee tv any Trustee
<br /> appainted under this D�ed of Trust by an instrument executed and acknawCedged by Lender and record�d in the
<br /> vffce of the recorder of Hall �ounty, State of Nebraska. The instrument shalC cvntain, in additi�n to all other
<br /> matters required by state law, the names of the ariginal Lender, Truste�, and Trustor, the bovk and pag� �ar
<br /> camputer system reference} where this D�ed of Trust is recorded, and the name and address o�the success��
<br /> trustee, and�the instrumen#shall he execu#ed and acknowledged by ai!the beneficiaries und�r this Deed of Trust ar
<br /> their successars in interest. The successar trustee, without con�eyance of the Prvperty, shall succeed to all the
<br /> tit[e, power, and duties conferred upon the Trustee in this Deed of Trust and by appiicable iaw. This procedure for
<br /> substitution of Trustee shal[go�em�v the exc[usion of a!I other pro�isions for substitution.
<br /> NQTICES. Any nvtice required ta be gi��n under this Deed af Trus�, incfuding withaut limitation any notice of de�aul�
<br /> and any natice af sa[e sha[1 be gi�en in writing, and shal[ be effe�ti�e when actual[y deli�ered, when actually recei�ed
<br /> hy tele�acsimi[e{unless otherwise required by!aw},when deposited with a nativnally recognized a�ernight courier, or, if
<br /> mai[ed, when deposite�in the United States mail, as first class, certified or registered mai[postage prepaid, directed to
<br /> the addresses shown near fhe beginning vf this Deed af Trust. A[#copies of notices of�oreclasure from the halder of
<br /> any li�n which has priQrity o�er this Deed of Trust shall be sen�ta Lender's address, as shown near the beginning of
<br /> this Deed o�Trust. Any pariy may change its address fvr no��ces under this D�ed of Trust by gi�ning forma[ written
<br /> notice t� the other parties, speci�ying #hat th� purpose of the notice is to change the party's address. F�r no�ice
<br /> purposes, Trustor agrees to keep Lender inform�d at a1I�imes af Trus#or's current address. Unless otherwise prv�ided
<br /> or required by law, if there is more than one Trustor, any notice gi��n by Lender to any Trus#ar is deemed to be notice
<br /> gi�en�o all Trustors.
<br /> t�1t�SGELLANE�US PRt]V[S[�NS. The faflowing miscelfaneous pro�isions are a part of this Deed af Trust:
<br /> An�endmen#s. This De�d of Trust,together with any Rela�ed❑ocuments, constitutes the entire understanding and
<br /> a�re�ment of the parties as to the matters set fvrth in this Deed vf Trust. No al#�rati�n of ar amendmen�to this
<br /> Deed of Trust shall he effecfi�e unless gi��n in writing and sign�d by the party�r parties sought ta be charged or
<br /> baund by the alteration or amendment.
<br /> Annual Repar�s. If th� Properly is used for purposes other than Trustor's resid�n�s, Trustor shal[ furnish tv
<br /> Lender, upan r�quest, a certified statement of nst�pera�ing income recei�ed from the Property during Trust�r's
<br /> pre�ious fiscal year in such form and detaii as Lender shaIl require. "Net opera�ing incom�" shal! mean al� cash
<br /> r�c�ipts frvm�he Proper#y less alf cash expendi#ures made in connection with the operation of the Prc�perty.
<br /> Cap�ion Headings. Captian headings in this Deed of Trus� are fvr con�enience purpases vnly and are nat to �e
<br /> used ta interpre�t or define the pr��isians af this Deed of Trust.
<br /> Nierger. There shail be na merger of�he interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by�r for the benefit of Lender in any capacity, without the wri�ten cvnsent
<br /> of Lender.
<br /> Gv�erning Law. This Deed of Trus� will be gr��ern�d by federal !aw appl'rcabte#o Lender and,�v�he ex�ent no�
<br /> preempted by federal law,#he laws vf�he S�a�e of Nebraska wi�hau�regard�o'rts cvnflic#s of law provisions. This
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