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2� 1 ���495
<br /> DEED �F TRLJST
<br /> ��flt1t��7ued� Page 6
<br /> any laws now or hereafter �n forc�; notwithstand�ng, some ar all af such indebtedness and obiigations secured by
<br /> this Deed o�Trust may now or hereafter b� otherwise secured, whether by mortgage, deed o� trust, pledge, lien,
<br /> assignment a� otherwise. Neither thP ac�eptance o� th�s ❑eed of Trus� nar i�s en�forcement, whether �y court
<br /> action or pursuant to the power of sale or oth�r powers contained in this Deed of Trust, sha(� prejudice ar in any
<br /> mann�r af#ect Trustee's or Lender's right to reali�e upon or en�rorce any o�her security now ar h�reafter held by
<br /> Trus�ee or L�nder, it�eing agreed that Trustee and Lender, and ea�h of them, shall be entitled to e��arce this Deed
<br /> of Trust and any ather securi�y now or herea�ter he�d by L�nder or Trustee in such order and manner as �hey or
<br /> ei�her of them may in their absolute discr�tion d�t�rm�ne. No �emedy conferred upan or r�s�r�ed to Trustee or
<br /> Lender, is intended to be �xclusi�e af any other remedy in �his Deed o�Trus� �r by iaw pro�ided or permitted, but
<br /> eaCh sha�[ �e cumulati�e and shall be in addition to e�e�y other remedy gi�en in �his Deed a� Trust vr now or
<br /> hereafter existing at law ar in equity or by statute. E�ery power or remedy gi�en by the fVote or any of the Related
<br /> Documents to Trustee or Lender or to wh�ch e�ther o� them may be otherwise entitied, ma� he exercised,
<br /> cvncurrentfy or independ�n�ly, from time to ��me and as ofiten as ma� �e deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust sha11 #�� cons�rued as
<br /> prohi�iting Lender from seeking a d���c��ncy�udgm�nt against the Trustor to the extent such act�on is permit�ed by
<br /> law. Ele�tion by L�nder to pursue any remedy shall not exclude pursui� of any other remedy, an�l an election to
<br /> make exp�nditures vr to �ake acti�n ta per��rm an �bl�gatian o�F Trustar under this Deed o� Trust, after Trustor's
<br /> �ailure t❑ pe��orm, shall not aff�c�Lender's right to dec�ar� a default and exer�ise i�s remedies.
<br /> Request for Not��e. T�ustor, �n behalf of Trus�or and Lender, hereby reques�s that a �opy af any Notice a� Default
<br /> and a capy vf any Notic� o� Sale under this Deed of Trus� be mailed to them at the addresses se�forth �n the first
<br /> parag�aph of this Deed o�Trust.
<br /> At#orneys' Fees; Expens�s. I� Lend�r institutes any sui� or ac�ion to enforc� any o� the terms of �his Deed of
<br /> Trust, Lender shall be entitled to reco�e� such sum as the �ourt may adjudge reasonabie as attorneys' fees at trial
<br /> and upon any appeal. Whether ar n�t any cour� a�tion is in�ol�ed, and tt� the �xtent not prohibi�ed by law, all
<br /> reasvnab�e expenses Lender incurs �hat in Lender's opinion are necessary at any time for the protection v� its
<br /> inter�st or�he enfor�ement of i�s rights shail become a part af the Indeb�edness payabie on deman� and shall hear
<br /> interest at fihe Note rate from the date of the expenditure until repaid. Expenses co�ered hy th�s paragraph includ�,
<br /> withou� limitation, howe�er sub�ec�to any limits und�r appiicahle law, Lender's a�torneys' f��s an� Lender's legal
<br /> expenses, whethe� o� not there is a lawsuit, including attorneys` �ees and expenses for bankruptcy praceedings
<br /> ��ncluding efforts to modi�y❑r�acate any autamatic stay or injunctian;, appeals, and any an�icipat�d past-judgment
<br /> cal�ecfiion ser�ices, the cost of searching records, obtaining titl� reports 4�ncluding fareclasure rep�rts3, sur�eyors'
<br /> reparts, and appraisal fees, tit�e insuran�e, and �ees �or the Trustee, to #h� extent permi��ed 1�y app��ca�le faw.
<br /> Trustor also will pay any c�urt costs, in addition to all other sums pro�ided by law.
<br /> Rights of Trust��. Trus�ee shall ha�e a�I o�the ��ghts and duties �f Lender as set forth in this sectivn.
<br /> PDVIIERS AND �BLiGATI�NS �F TRUSTEE. The �o�lowing pra�isions relating �a �he powers and ab�igations of Trustee
<br /> are part of this Deed o�Trust:
<br /> Pvwers af Trustee. In addition ta all powers of Trustee arising as a matter o�law, Trustee shall ha�e�he power to
<br /> �ake the fvllowing act�ons with respec��o the Property u�on the written request of Lender and Trustor: �a� join in
<br /> pr�paring and filing a map ar plat of �he Real Property, incfuding the dedication of s#ree�s or oth�� rights to �he
<br /> public; tl�� jvin in granting any easemen� ar creating any restriction on #he Real Property; and �c3 �oin in any
<br /> subord€natian or o�her agreem�nt a��ecting this Deed vf Trust or�he interest of Lender under this D�ed of Trusfi.
<br /> Trustee. Trustee shall meet all qualifications r�quired for Trustee under applicable law. In addition �o the rights
<br /> and remedies set �orth abo�e, wi�h respect to alf or any part o� th� Property, �he Trustee shal� ha�e the righ� to
<br /> foreclose by notice and sa�e, and Lender shall ha�e the right t� f�reclose by judicial �oreclosure, in either case in
<br /> accordance wi�h and to�he�u�� extent pro�ided by applicable law,
<br /> Successor Trus�ee. Lender, at L�nder's aptian, may fram time to time app�int a suc�essvr Trus�ee to any Trustee
<br /> appoint�d under this Deed of Trust by an �nstrument executed and acknowledged by Lender and rec�rded in the
<br /> office of the recorder of Nall County, 5tat� of Nebraska. The instrument shall ��ntain, in addition �o all other
<br /> ma��ers required by state law, �he names of the �riginal Lender, Trustee, and Trus�vr, the bao�C and page �ar
<br /> camputer system re�erence} where this Deed of Trust is recarded, and �he name and addr�ss of the succ�ssor
<br /> �rustee, and the instrument shall he executed and acknawledged by all the ben���ciaries under this D��d o�Trust or
<br /> their successors in interes�. The successo� ��ustee, withvut con�eyance af �he Prop�rty, shall succeed tn a�( �he
<br /> title, pawer, and duties canferred upon the Trust�� in#his Deed o�Trust and by applicable law. This procedure for
<br /> substi�uti�n of Trustee shall go�ern�o�he ex�lusion of afl other pra�isions for subs�i�u�ion.
<br /> N�TICES. Any notice required to be g��en under this Deed of Trus�, including without �im�tation any natic� af default
<br /> and any notice of sale shall be gi�en in writing, and shall be eff�cti�e when ac�ually deli�ered, when a�tually recei�ed
<br /> by telefacsimile 4un�ess otherwise required by law�, when depos�ted with a nationally re�ognized�vernigh��ourier, ar, i�
<br /> mailed, when d�pos�ted in the United 5ta�es mail, as first �lass, certi�ied ar registered mail posfage prepaid, directed to
<br /> �he addresses shown near the beginning of�his Deed of Trust. AI� �opies o� notices a# fare�l�sure from the holder �f
<br /> any lien which has priority o�er this Deed of Trust shall be sen-� to Lender's addr�ss, as shown near the beg�nning of
<br /> this Deed o� Trust. Any party may change its address �ar notices under this Deed ❑f Trust by gi�ing formaf rivritten
<br /> na�ice to the other parties, spe�ifying that �he purpose o� the notice is t❑ change the party's address. For notice
<br /> purposes, Trustar agrees �o keep Lender informed at afl times of Trustor's current address. lJnless oth�rwise pro�ided
<br /> or required by law, i�there is mvre �han one Trust�r, any notice gi�en hy Lender to any Trustor is deemed tv be notice
<br /> gi�en to al�Trus�ors.
<br /> MIS�ELLANE�US PRflVlSlDNS. Th��a��owing miscellaneous pro�isions are a part of this De�d of Trust:
<br /> Amendments. This Deed of Trust, t�gether with any Related Documents, cons#itutes the ent�re understanding and
<br /> agreement of the parties as tv �he mat�ers set f�rth in this Deed o�Trust. Na alteration ofi ❑r amendment to �his
<br /> Deed of Trust shalf be e��eGfii�e unless gi�en in writing and signed by �he party or parties sough�ta be charged or
<br /> bound by the altera�ion or amsndment.
<br /> Annual l�eports. ff �he Property is used �vr purposes other than Trus�or's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of n�t aperating income recei�ed from �he Property during Trus�or's
<br /> pre�ious fiscal year in such �orm and detail as Lender sha�� requ�re. "Net �pera�ing incom�" shal� mean all cash
<br /> receipts from the Prope�ty less all cash expenditures made �n connectian wi�h the opera�ion of the Praperty.
<br /> Caption Headings. Capti�n headings in this Deed of Trus� are �or con�enienc� purposes only and are not t❑ be
<br /> used to interpret or defin�th� pro�isions o#this aeed of Trus�.
<br /> Merger. Ther� shall be no merger nf the interest or estate created by this Deed af Trus�with any ather in�erest or
<br /> esfiare in the Prvpe�ty at any time held by ❑r for the b�ne�it of Lender �n any capacity, without the w�itten consen�
<br /> o�Len�er.
<br /> Gv�erning Law. This Deed vf Trust will be gvverned by federal law app[icab�e �o Lender and, to �he ex#ent not
<br /> preemp�ed by federal law,�he laws of#h�5�a�e v�Neb�aska without regard tv its conflicts of taw prv�is�ons. Th�s
<br /> Deed af Trus�has been a��ep#ed by Lender in the S�a�e v�Nebraska.
<br /> Choice nf Venue. �f there is a �awsuit, Trustor agrees up�n Lender's request to submit to the �ur�sdiction of the
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