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2� 1 ����77
<br /> DEED C]F TRUST
<br /> �Cantinued� Page �
<br /> performance of any indebtedn�ss o�obligatians secured by this ❑eed of Trust and�o exercise aff rights and powers
<br /> under this Deed of Trust, under �he Note, under any ofi the Related Documen�s, or under any othe� agreemen� or
<br /> any laws now or herea�ter in force; notwithstand�ng, same or all of such €ndebtedness and ob(igations secured by
<br /> this Deed of Trust may now o� he�eafter �e otherwise secured, whe�her by mar�gage, deed o� trust, pledge, lien,
<br /> assignment or otherwise. Ne�th�r the ac�eptan�e vf this ❑eed of Trus� nor its enforcement, whether by cour�
<br /> action or pursuant to the power afi sale or ather powers con�ain�d in this Deed of Trust, shal� prejudice or in any
<br /> manner affsct Trustee's o� Lender's right to realize upon or enforGe any other se�urity now or hereaf�er held by
<br /> Trustee or Lender, it be�ng agr�ed�hat Trus�ee and Lender, and each af them, shall be entitied tv enfivr�e�his Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they ar
<br /> ei�her vf th�m may in their absalu�e discretion determine. No remedy c�nf�rr�d upon or res�r�ed to Trustee or
<br /> Lender, is intended to be exclusi�e vf any other remedy in this Deed of Trust or by law pro�ided vr permitted, but
<br /> each shall be cumuiat��� and shall be in addi�ion to e�ery o�her remedy gi�en in this Deed o# Trus� ar now or
<br /> hereaf�er existing at!aw or in equity or by statu�e. E�ery power ar remedy gi�en by th� Not�or any❑f the Rela�ed
<br /> Documen�s to Truste� or Lend�r ❑r to which either of them may be otherwise entitfed, may be exercised,
<br /> concurrently or independent�y, from time ta t�me and as often as may be deemed expedi�nt by Trustee ❑r Lender,
<br /> and ei�her of them may pursue inconsistent remedies. Nv�hing in �his Deed of Trust shaf[ i�e construed as
<br /> prohi�iting Lender from seeking a de�ic�ency�udgment against the Trus�ar to the ex#ent such actiQn is permitted by
<br /> law. Elec�ion by Lender to pursue any remedy shall not exclude pursui� of any other remedy, and an eleG�ion to
<br /> make expendi�ures or to tak� act�on t❑ perfo�m an obligation of Trustvr under this Deed �f Trust, affier Trustor's
<br /> failure to perform, shall not affect Lender's right to dec�are a de�ault and exercise its remedies,
<br /> Request�or Notice. Trustar, an behalf of Trust�r and Lender, hereby requests that a copy of any Notice of De�au�t
<br /> and a copy o�any Nvtice af Sale under this Deed ❑f Trust be maifed tv th�m at the addresses set for�h in the first
<br /> paragraph of this Deed��Trust.
<br /> At�orneys' Fees: Expenses. If Lender institutes any sui� or actian to enforce any o� the t�rms of this Deed vf
<br /> Trust, Lender shaff be ent�t�ed to reco�er su�h sum as�he court may adjudge reasonable as attarneys' fees at trial
<br /> and upon any appeal. Whether ar not any �vur� action is in�al�ed, and t� the extent nat prohibited by law, aff
<br /> reasonable expens�s Lender incurs that in Lender's apinivn are necessary a� any time for �h� protection of �ts
<br /> interest or the enforcement a�its rights shal� become a part of the Indeh�edness payabfe on demand and shall �ear
<br /> interest at the Note rate frvm the date of the expenditure until repaid. Expenses co�ered by this paragraph include,
<br /> without I�mitation, howe�er subject to any limits under appiica��e law, Lender's attorneys' �ees and Lender's legal
<br /> expenses, whether or no� th�r� is a fawsuit, inc�uding attorneys' �ees and exp�nses for bankrup�cy proceed�ngs
<br /> tincluding e��vrts to mvdify or�aca�e any automatic stay�r injunctian�, appea�s, an� any anti�ipated post-judgm�nt
<br /> collec�tian ser�ices, the cost ❑f sear�hing records, obtaining titl� reparts �inciuding �oreclosure repor�sy, sur�eyors'
<br /> reports, and appraisal fees, ti�le insurance, and �ees �or the Trustee, t� the extent permit�ed by appli�able law.
<br /> Trustor also wi�( pay any cour�costs, in addition�o all o�her sums pro�ided by faw.
<br /> Rights o�Trustee. Trustee sha�l ha�e all of the rights and du�ies of Lender as set f�rth in this section.
<br /> P�VIrERS AND �BL�GATIDNS �F TRUSTEE. The �ol�owing �ro�isions relating tv the powers and obligatians of Trustee
<br /> ar� part o�this ❑eed of Trust:
<br /> Powers vf Trust�e. f n addi�ion to all powers of Trustee arising as a matter o�law, Trustee shall ha�e the pow�r�o
<br /> take the fo�iow�ng activns with respe�t to the Prop�rty upon the written request o� Lende� and Trus�ar: {a� jo�n in
<br /> preparing and filing a map or plat of the Real Proper�y, including the dedicatian of s�reets or oth�r righ�s to the
<br /> public; �b� jain in granting any easem�nt or crea�ing any restric�ion on the Real Property; and tc} join �n any
<br /> subordina�iQn or other agr�ement affecting th�s Deed of Trust or the in�eres�of Lender under this Deed flf Trust.
<br /> Trustee. Trustee shall meet all quafificatians required ��r Trustee under applicable law. �n addition t� the rights
<br /> and remed�es set forth aba�e, with respect to all or any part of the Prap�rty, the Trustee shall ha�e the right to
<br /> fore�lose �y notice and sa�e, and Lender shall haWe the righ� to �oreclose by judiciaf forec�osur�, in either case in
<br /> accvrdance with and t�the�u�(extent pro�ided by applicable law.
<br /> Successvr Trustee. Lender, at L�nder's optian, may from�im�#o��me appoint a su�cessor Truste�to any Trustee
<br /> appainted under this Deed of Trus� by an instrument executed and acknowledged by Lender and recorded in the
<br /> office vf the �ecvrder v� Hall Coun�y, 5ta�e of Nebraska. The instrum�nt shall contain, in addi�ion to afl other
<br /> matters required by state law, �he names vf �he original Lend�r, Trustee, and Trustor, th� book and page tar
<br /> compu�er system re�erence3 where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and�he instrum�nt sha�� he executed and acknowledged hy all the beneficiaries under th�s ❑eed af Trus�or
<br /> �heir successars in interest. The succ�ssar �rustee, withvut con�eyan�e of the Proper�y, shall succ��d tQ all the
<br /> title, power, and duties canferred upon the Trustee in this Deed o�Trust and hy appl�cable law. This procedure for
<br /> substitution v�Trus�ee shall go�ern�o the exclusivn of aff other pro�isions�or substitut�on.
<br /> NDTtCES. Any notice required to �e gi�en under�his Deed of Trust, including without limitation any notice of default
<br /> and any nv�ice of sale shaf� be gi�en in wr�ting, and shall be �ffecti�e when actually deli�ered, when a�tually recei�ed
<br /> by tefe�acsimi�e �unless otherwise r�quired by iaw�, when deposited with a nationally recagnized o�ern�ght caurier, ❑r, if
<br /> mailed, wh�n deposited in the Uni�ed States mai�, as first c�ass, certified ar registered mail pos�age prepaid, d�rected to
<br /> the addresses shown near�he beginning af this Deed of Trust. Al! copies o� not�ces of foreclosure from the ho�der of
<br /> any fien which has p��ority ��er this Deed of Trust shall �e sent t� Lender's address, as shown near the f�eginning of
<br /> this C]eed of Trust. Any party may change its address �or notices under this Deed of Trust by gi�ing formal writt�n
<br /> notice to the o�her parties, specifying that the purpvse of the nvti�e is to change the party's address. For natice
<br /> purposes, Trustor agrees to keep Lender in�ormed at ail times v�Trustor's current address. Unless atherwis� pro��ded
<br /> or required by �aw, if there is mvre than one Trust�r, any noti�e gi��n k�y Lender to any Trustor is deemed to be noti�e
<br /> gi�en to all Trus�ors.
<br /> M�S�ELLANEDUS PRQVISI�NS. The follvwing miscellanevus pro�isions are a part vf this Deed�f Trust:
<br /> Amendments. This Deed of Trust, t�gether with any Related Documents, constitu�es the�ntire understanding and
<br /> agre�ment fl�the par�ies as �o the matters set �orth Fn this ❑eed o�Trust. Na a�teratian o�f or amendm�nt ta this
<br /> ❑�ed o�Trust sha�� be effecti�e unless gi�en in writing and signed by �h� party or pa�ties saught to be charged or
<br /> bvund by the alteration or amendment.
<br /> Annual Reports. if the Praperty �s used �or purposes vther than Trustar's residence, Trustor sha�l �urnish ��
<br /> Lender, upon reques�, a certified statement o� net ❑perating income rec�i�ed from the Property durin� Trustor's
<br /> pre�ious fiscal year in such �orm and detail as Lender shall require. "Net operating income" shall mean al� cash
<br /> receip�s from the Property less all cash expenditures mad� in cannection with the�perativn of the Property,
<br /> Cap#ivn Headings. Cap�ion headings in this Deed of Trust are for ��n�enien�e purposes anly and are not �o be
<br /> used to �nterpret vr define�he pra�isions of this aeed of Trust.
<br /> Merger. There shall be no merger of the interest vr estat� created by�his Deed v�Trust with any other interest o�
<br /> estate in the Property at any time held by or for�he benefit of Lender in any capac�ty, without the writ�en consent
<br /> of Lender.
<br /> Go�erning Law, This �eed o� Tru�t will he gv�erned by federal law applicab�e #v Lender and, ta the exten� nvt
<br /> preempted hy federa�law,�he�aws of th�5#afi�o�Nebraska withvut regard t❑its�on��i�ts of law pra►►isions. Th�s
<br /> Deed vf Trust has been a��epted by Lender in the Sta�e vf Nebraska.
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