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2� 1 ��7277
<br /> DEED �F TRUST
<br /> Loan No: 'I D7 2997�� ��o�1t�nUed} Page S
<br /> ❑acuments tv Trust�e or Lender ❑r ta which ei�her ot them may be �therwise entitled, may be exercised,
<br /> concurrent�y vr independent�y, frc�m time ta time and as o#ten as may be deemed expedient by Trustee ar Lender,
<br /> and either ❑f them may pursue incvnsistent rem�dies, Nvthing in this ❑eed of Trust shall be construed as
<br /> prahibiting L�nder f�am seeking a deficiency judgment against the Trustor to the extent such action is permi�ted by
<br /> law. Electivn by Lender to pursu� any remedy shaii not �xclude pursuit af any other remedy, and an electian t�
<br /> make expenditures ar ta take a�tion t❑ perform an ohligation ❑f Trustor under this Deed of Trust, aft�r Trusto�'s
<br /> faiiure t❑ perform, shall not af�ect Lender's righ�to declare a de#ault and exerc�se its remedies.
<br /> Request fvr Notice. Trustor, on behalf af Trustor and Lender, herehy requests that a cvpy ❑f any Natice a# Defau�t
<br /> and a copy vf any Nvtice of Sale under this Deed ❑f Trust b� mailed to them at the addresses set forth in the first
<br /> paragraph�f this ❑e�d of Trus�.
<br /> Attvrneys' Fess; Expenses. If Lender institutes any suit ar action to enfarce any ❑f the terms of �his D�ed of
<br /> Trust, Lender shall be entitled t❑ recouer such sum as the cvurt may adjudge reasonab�e as attorneys' fees at trial
<br /> and upan any appea�. Whether �r nvt any court action is in�al�ed, and ta th� extent n�t prahibited by �aw, a!I
<br /> reasvnable expenses Lender in�urs that in Lender's �pinion a�e necessary at any time for the protection vf its
<br /> interest or the en#orcement of its rights shall becvme a part af the Indebtedness payable ❑n demand and shall hear
<br /> interest at the N�t� rate from the date of the expenditure unti! repaid. Expenses ���ered by this paragraph include,
<br /> without limitation, howe�er su#��e�t tv any limits und�r applieable law, Lend�r's attorneys' fees and Lender's I�gal
<br /> expenses, whether ar not there is a lawsuit, fncluding attorneys' fees and expenses for hankruptcy proceedings
<br /> {including efforts to modify or�acat� any autamatic stay or injunctivnf, appeals, and any anticipated past-judgment
<br /> collection ser�ices, the cost af searching recvrds, obtaining �itle reports �including �areclosure reparts�, sur�eyars'
<br /> reports, and appraisal fees, title insurance, and fees for the Trust�e, tv the extent p�rmitted by applicabie law.
<br /> Trustor alst� wi#I pay any court casts, in addition t❑ all ❑ther sums pra��d�d by law.
<br /> R�ghts af Trustee. Trustee shall ha�e all of the rights and duties of Lender as set forth in this seCti�n.
<br /> P�WERS AND �BLIGATI�NS OF TRUSTEE. The following pro�isians relating t❑ �he powers and obligations of Trustee
<br /> are part af this Deed vf Trust:
<br /> Powers o#Trustee. In addition to all p�wers of Trustee arising as a matter of law, Trus�ee shall ha�e the power to
<br /> tak� the follvwing actions with respect t� the Property upvn the written request vf Lender and Trustor: �ay join �n
<br /> preparing and fi�ing a map or plat af the Real Praperty, including the dedicatian ❑f streets or other rights ta the
<br /> public; {h} join in granting any easement ❑r creating any r�strictian ❑n the Real Praperty; and ��� jflin in any
<br /> suhordination ❑r oth�r agreement atfecting this Deed �f Trust vr the interest of Lender under�his Deed o�Trust.
<br /> Trustee. Trustee shall meet a�l qua�ifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set f�rth abo�e, with respect to all or any part of the Property, the Trust�e shall ha�e the right to
<br /> ��reclase by notice and sale, and Lender sha�l ha�e the right t❑ fareclas� by judicial fareclosure, in either case in
<br /> accordance with and ta the full �xtent pro�ided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time ta time appoint a success�r Trustee ta any Trustee
<br /> appvinted under this ❑eed af Trust by an instrument executed and a�knaw�edged by Lender and recorded in the
<br /> vffice of the recorder o� HALL �ounty, 5tate of Nebraska. The instrument shall cantain, in additian t❑ all ather
<br /> matters required by state law, the nam�s �� the ariginal Lender, Trustee, and Trustar, the boak and page �or
<br /> cvmputer system referencey where this Deed of Trust is recorded, and the name and address �f the success�r
<br /> trustee, and the instrum�nt shaf� be executed and acknowiedged by all the beneficiaries under this Deed of Trust vr
<br /> their successors in interest. The successor trustee, without con�eyanc� ❑f the Property, shall succe�d to a�I the
<br /> title, power, and duties conferred upvn the T�ustee in this Deed of Trust and by applicable law. This pra�edure for
<br /> substitution of Trustee shall go�ern to �he exclusion vf a�l oth�r pro�isions far substitution.
<br /> N�TiCES. Any notice required ta �e gi�en under this ❑eed o� Trust, including withaut limitatian any notice af default
<br /> and any noti�e af sale sha#I be gi�en in writing� and shall he effecti�e when actua�ly deli�ered, when actually recei��d
<br /> by telefacsimile �unless otherwise required by law�, when depos�ted with a nationally r�cognized a�ernight courier, or, if
<br /> mailed, when deposited in the United 5tates mail, as first class, certified or registered mail pastage prepaid, directed to
<br /> the addresses shown near the heginning vf this Deed ❑f Trust. AI! capies a� notices of fore�lt�sure from the holder of
<br /> any lien WhfCh �135 priarity o�er this Deed of Trust shall be sent t❑ Lender's address, as shawn near the beginning af
<br /> this Deed �f Trust. Any party may change i�s address �or notices under this Deed of Trust by gi�ing farmal written
<br /> notice to the ❑�her parties, specifying that the purpose of the noti�e is ta chang� the party's address. Far notice
<br /> purposes, Trustor agre�s to k�ep Lender intarmed at al! times ot Trustor's current address. Un�ess ath�rw�se pra�ided
<br /> or required by law, if there is mare than ❑ne Trustor, any notice gi�en by Lender to any Trustor is deemed t� be notice
<br /> given to all Trustors.
<br /> MlSCELLANEDUS PRDVISIUNS. The fall�wing misc�llan�vus pro�isions ar� a part of this Deed ot Trust:
<br /> Amendments. This Deed vf Trust, t�g�ther with any Related Dacuments, cansti�utes the entire und�rstanding and
<br /> agreement af the parties as to the matter� set farth in this ❑eed ❑f Yrust. No alterati�n of or amendment to this
<br /> Deed of Trust shall be effe�'ti�e unl�ss gi�en in writing and signed by the party or parties sought to be �harged or
<br /> bound by the alterati�n ar amendm�nt.
<br /> Annual Reports. �f the Property is used far purp�ses ather than Trustor's residence, Trustor shall fu�nish t❑
<br /> Lendes, upfln request, a c�rtif�ed statement af net op�ratfng incvme recei�ed from the Property during Trustflr's
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