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2� 1 ��7228
<br /> DE�C3 �F TRU�T
<br /> ��antinued� Page 6
<br /> pa�agraph of this ❑eed af Trust.
<br /> Attorneys' Fees; Expenses. If Lender insti�utes any suit or activn tv �nfvrce any af the terms af this Deed of
<br /> Trust, Lender shall be entitled to reoa�er such sum as the cvurt may adjudge��sonabl�as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is in�ol�ed, and tv the extent not p�ohibited by law, all
<br /> r�sonable expenses L�nder �ncurs #hat in Lender's opinion are necessary at any time for the protection of its
<br /> i nterest or the enforcement of its rights shall beaome a part a�the I ndeb#edness payable an demand and shall bear
<br /> in�erest at the Na�e rate from the date of the expendi#ure until repaid. Expenses oo�ered hy this paragraph include,
<br /> without IEmitation, howe�er subject to any limits under applicable�aw, Lender's attorneys'fees and Lender's legal
<br /> expenses, whether ar not�here is a iawsuit, including attnrneys' fees and expenses for bankruptcy prooeedings
<br /> �including efforts tv mvdify or�acate any automatic stay ar injuncti�n}, appeals,and any anticipated post judgment
<br /> collect�on servtces,the cos�vf searching reoards, abtaining title reports{inc�uding fare�losure reparts}, surveyors'
<br /> reports, and appraisal fees, titie insurance, and �ees for the Trustee, tv the extent pe�mitted �y applicable law.
<br /> Trustor alsa w�{I pay any caurt costs, in addition ta alf ather sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e a�l pf the rights and duties of Lender as set farth in this secti�n.
<br /> P�VIIERS AND ��LIGATI�NS OF TaUSTEE. The fvllowing provi5ions relating to the p�wers and obl�gations of Trustee
<br /> are part of this Deed of Trust:
<br /> Pvwers of Trustee. �n additinn to al�powers of Trustee arising as a matter vf law,Trustee shall have the power to
<br /> take the following ac�ians with respect to #he Prope�ty upon the written request vf Lender and Trustor: �a}join in
<br /> preparing and filEng a map or plat of the Rea! Property, inc�uding the dedication of streets or other rights ta th�
<br /> public; �b} jain in granting any easement or c�eating any restriction on the Real Pr�perty; and (c} join in any
<br /> subordination ar other agreement affecting this Deed af Trust or the interest af Lender under this Deed vf Trust.
<br /> Trustee. Trustee shall meet al� qualif ca�ians required �or Trustee under applicable law. In addition to the rights
<br /> and remedies set forth abv�e, wi#h respect to ali or any part af the Praperty, the Trustee shali ha�e the right ta
<br /> foreclose by natice and sale, and Lender wi�l ha�e the r�gh# to fareclose by judiciat fareciosure, in either case in
<br /> acc�rdance with and ta the ful�extent provid�d by applicab�e law. ,
<br /> Successor Trustee. Lender, at Lender's option, may frQm time tv time appoint a successor Trustee to any Trustse
<br /> appv+nted unde�this Deed o�Trust hy an instrument executed and aGknvwledged by Lender and recorded in the
<br /> v�fic� of the re�arder of HaIE Caunty, State of Nebraska. The instrument shall cantain, in add�tion ta all other
<br /> mat�ers requ�red by state faw, the names o� the ariginai Lender, Trustee, and Trustar, the boak and page �vr
<br /> computer system referenc�} where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shal� be executed and a�knowiedged by all the benefic�aries under thFs Deed o�Trus�or
<br /> their successars in interest. The successor�rustee, without �onveyance o�the Property, shall suc�eed to all the
<br /> title, power,and duties conferred upon the Trustee in this Deed of Trust and by app�icable law. This procedure far
<br /> substitution af Trustee shall ga�ern to the�xclusian of a!I other prv�isions f�r substitution.
<br /> NOTICES. Any notice required to be given under this C�eed o�Trust, including without�imitation any natice of default
<br /> and any notice of sale shall be gi�en in wr�ting, and shall be effecti�e when actually deii�ered,when actu�Ily recei�ed
<br /> by teiefacsim��e�unless o#herw�se required by�aw},when deposited with a nationally rec�gn�zed o�ernight�ourier,❑r, if
<br /> mailed,when deposited in#he United States mail, as firs�class, certified�r regis#ered mail postage prepaid,d�rected to
<br /> #he addresses shown near#he beginning of this �eed of Trust. All capies of notEces af forec�osure from the holder�f
<br /> any lien which has priority v�er#his Deed of Trust shal� be sent�o Lender's address, as shawn near the beginning vf
<br /> this Deed of Trust. Any persan may change his or her address for notices under this Deed of Trust hy gi�ing forma�
<br /> written notice to the other persan ar persons, specifying that the purpose of the notice is to change the persan's
<br /> address. For nati�e purposes,Trust�r agrees to keep Lender infvrmed at all times vf Trustor's curren#add�ess. Unless
<br /> otherwise pro�ided ar required by law, if there �s more�han ane Trustor, any nv#�ce g��en by Lender to any Trustor is
<br /> deemed to he na#ice g��en to all Trustars. It will be Trustor's respansibiiity tv tel!#he others of the notice from Lender.
<br /> MISCELLANE�US PR�VI5��N5. The following m�scellaneous pro�isions are a pa�t of this ❑eed of Trust:
<br /> Amendments. Wha# is written in this Deed o�Trust and in the Related Documents is Trustor's ent�re agreement
<br /> wi#h Lender concerning the matters covered by this D�d af Trust. To be effectE�e, any change or amendmen#to
<br /> this Deed o�Trus�must be�n writing and must be signed by whoe�er►►vil! be bound vr ab�igated by the change or
<br /> amendment.
<br /> Cap#fon Headings. Caption headEngs in �his #]�ed of Trust are for cvn�enience purposes anly and a�e nvt to be
<br /> used tv tnterpret vr define the pro�isions of this Deed of Trust.
<br /> Merger. There shall be na merger of the interest or estate created by this Deed of Trust with any other�n�erest ar
<br /> estate in the Proper�y at any#�me held by or for the benefit af Lender in any capacity, withaut the written consent
<br /> of Lender.
<br /> Goveming Law. This Deed of Trust will be ga�erned by federal law applicable t� Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to�ts canflicts of faw proWisivns. This
<br /> Deed o�Trust has been accepted by Lender in the Stat�of Nebraska.
<br /> Joint and Se�erai Liab�fity. Ail �b�igations of Trustor under this L�eecf of Trust shal� be join� and se�eral, and al!
<br /> reterenoes to Trus'�or shall mean each and e�ery Trus#o�. This means that each Trustor signing below is
<br /> responsible for a�l obl�gations in th�s Deed af Trust.
<br /> Nv Wa��er by Lender. Trustor understands Lender wi�l not gi�e up any�f Lender's rights under th�s Deed of Trust
<br /> unless Lender dves sa in writing. The fact that Lender delays vr�mits to exercise any right wil� not mean #hat
<br /> Lender has gi�en up that right. [f Lender does agree in writing to gi�e up ane of Lender's rights, that dves not
<br /> mean Trustor will nvt ha�e to camply with the ather pra�isions af this Deed af Trust. T�-ustar also understands
<br /> that if Lender dnes consent to a request, that dves no# mean that Trustar will not ha�e tv ge# Lender's consent
<br /> again if the s�tuativn happens again. Trustor further understands that just because L�nder cansents tv ane vr mare
<br />� o#Tru$tor's requests, tha� does not mean Lender will be required tv cansent tv any afi Trustvr's future requests.
<br /> Trustar wai�es presentment,demand fvr payment, protest,and notice of dishon�r.
<br /> 5e�erabi�ity. If a court finds that any prv�ision o�this Deed of Trust is not�alid ar should not be enforaed, that
<br /> fact by itseff will not mean that the rest of this Deed of Trust will nat be valid or�nfvrved. Therefore,a court will
<br /> enforoe the rest of the pm�isivns o�this Qeed of Trust e�en if a pro�ision of this Deed vf Trust may be found tv be
<br /> in�alid or unenforceable.
<br /> Successo�s and Assigns. Sub�ect to any�imitations stated in this Deed vf Trust on transfer of Trus#or's interes#,
<br /> this Deed af Trust shall be binding upon and inure to the benefit of the parties, their successvrs and assigns. �f
<br /> ownership vf the Praperty becomes�ested �n a person other than Trustor, Lender, withaut n�t�ce to Trustor, may
<br /> dea�with Trus�or's successars with reference to this Deed vf Trust and#he lndebtedness by way o�forbearance or
<br /> extensian withaut releasing Trus#or from the obligations of th�s Deed of Trust or liability under the Indebtedness.
<br /> Time�s of the Essence. Time is vf the essence in the perf�rmance of this Deed vf Trust.
<br /> Wai�e Jury. A�I parties to this Deed af Trust hereby wai►►e the right to any jury tr�al in any action, proceeding, or
<br /> coun#�rclaim brought by any party agains#any other party. �
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