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2� 1 ��73�9
<br /> DEED �F TRUST
<br /> ��Dntinued� Page C
<br /> p�ragraph of this�eed of Trus�.
<br /> Attorneys' Fees; Expenses. �f Lender institutes any suit or activn to �nforce any vf the terms o�this Qeed af
<br /> Trust, Lender shail be ent�tfed to reco�er such sum as the court may adsudge r�asanable as attarneys'fees at trial
<br /> and upan any appeai. Whether or not any court action is in�ol�ed, and ta the ex#ent nvt prvhibited by law, all
<br /> reasonable expenses Lender incurs #hat in Lenders opinion are neoessary at any time for the pr�tec#ion o� its
<br /> interest or the enforcement of its rights shal! becorr�e a part vf the Endebtedn�ss payable an demand and shall hear
<br /> interest at the Note rate frvm the date of the expenditure until repaid. Expenses�v�ered by this paragraph include,
<br /> without limitation, hvwe�er subject to any limits under applicab�e law, Lender's a�torneys'fees and Lender�s legal
<br /> expenses, whether ar not there is a lawsuit, incfuding attorneys' fees and expenses f�r bankruQtcy �aroc�eedings
<br /> �including effvrts tv modify or�acate any au#omat�c stay ar injunctian}, appeals,and any anticipated post judgment
<br /> �ollection services, the cost of searGhing reovrds, obtai�ing title reports (Encfuding foreciosure reparts}, surveyors'
<br /> reparts, and appraisal fees, #itle �nsurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor alsv wiEl pay any cvurt cvsts, in addition to ail other sums pra�ided by law.
<br /> Rights of Trustee. T�-ustee shall have afl of the rights and duties of Lender as set forth in this section.
<br /> PQINERS AND �BLIGATI�NS�F TRUSTEE. The following pro�isions relating to the powers and vbligations of Trustee
<br /> are part af this Deed�f Trust:
<br /> Pawers of T�uste�. 4n addstion to aSl pvwers a�Trustee arising as a matter af law, Trustee shall ha��the pow�r ta
<br /> take the following actFons with respect#a the Property upan #he w�itten request of Lender and Trustor: �a}jvin in
<br /> preparing and fil�ng a map or p�at of th� Rea� Property, including the dedication of streets or other rights to the
<br /> �u�lic; tb} yoin in g�antfng any easement or creating any �estriction on the Rea� Prope�ty; and �c} jain in any
<br /> subordination or other agreement affecting this ❑eed of Trust or the interest af Lender under this Deed vf Trust.
<br /> Trustee. Trustee shall meet a�� qualifrcations required �or Trustee unde�applicable law. �n addition to the rights
<br /> and remedies set forth abo�e, with respect to all or any par� of the Praperty, the Trustee shalf have the right to
<br /> fo�eclose by notice and saie, and Lender will ha�e the right to foreclose by�udi�ial fvreclosure, in either case in
<br /> accordanee with and to the fui� extent pro�ided by applicabie law.
<br /> Successor Trustee. Lender, at Lender's aptian, may from #ime to time appvint a successvr Trus#ee to any Trustee
<br /> appointed under this Deed ❑f Trust by an instrum�n#executed and acknowledged by Lender and recorded in #he
<br /> offi�� of the recorder a€ Hal! County, State ❑f Nebraska. The instrumer�t shall con�ain, ir� addit�vn to all other
<br /> matters required by state law, the names af the arigfnal Lender, Trustee, and Trustor, th� bonk and page {or
<br /> computer system reference} where this D�ed ❑� Trust is recorded, and the name and address of the successor
<br /> truste�,and the instrument shall be exe�uted and acknowledged by all the bene�ciaries u�der this Deed o�Tt�Ust or
<br /> their successors in inte�est. The success�r trustee, with�ut canveyance af the Praperty, shal� succeed to all the
<br /> titie, p�wer,and duties conferred upon the Trustee in this Deed of Trus#and by applicabl�law. This procedure for
<br /> substitution of Trustee sha��govem to the exclusian of alI other pravisio�ns fqr substitution.
<br /> N�TICES. Any notice required to be gi�en under this Deed of Trust, in�luding withvut limitation any notice af defau�t
<br /> and any notice of sale shalf be gi�en in writing, and shafl be effecti�e when actually de�i�ered, when actualiy recei�ed
<br /> by telefacsimile�unless atherwise required by iaw},when deposited with a nat+ona�ly recognized a�ernight c�urier, or, if
<br /> mailed,when deposited in the United 5tates mail, as first cFass, certifi�d ar registered mail postage prepaid,dErected to
<br /> th� addresses shown near the beginning of this Deed of Yrust. All copies of nvtices vf foreclvsure from the holder of
<br /> any lien which has priority o�er this Deed of Trust shall be sent to Lender's address, as shown near the heg�nnFng of
<br /> this Dee�f of Trus#. Any persan may change his or her address for notices under th�s C3eed of Trust by gi�ing formal
<br /> wri#ten nvtFce to #he other person or per�ons, specifying that #he purpose vf #he notice is to change the person's
<br /> ad�ress. 'Fvr notice purpas�s,Trustor agrees Yv keep Lender infvrmed at a1�tim�s t�f Trustor�s curr�nt adtlress. Unless
<br /> otherwise prvvided ar required by law, if there is more than one Trustor, any notice gi�en by Lendsr tv any Trustor is
<br /> deemed ta be notice gi�en to all Trustors. It will be Trus#ar's respansib��i#y ta tel�#he�thers of#he notice�r�m Lender.
<br /> MISCEE.LANEC�US PRDVISI�NS. The following m�sceflaneaus pro�isivns�re a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Rela#ed Documents is Trustor's entire agreem�n#
<br /> with Lender cvncerning the ma�t�rs covered by t'his De�d of Trust. To�e�i�ectir�e, any change or amendment ta
<br /> this Deed o�Trust must be in writing and must be signed by wh�e�er wifi be bvund or abligated by the change vr
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for cvn�enience purposes only and are nvt tv be
<br /> used to interpret vr d�fine the pro�isions of this Deed❑f Trust.
<br /> Me�ge�. 7here sha��be nv merger of the interest flr estate created by this Deed of T�ust wfth any other interest flr
<br /> estate in the Property at any time held by or far the benefit o#Lender in any capacity, without the uvritten consent
<br /> of Lender.
<br /> Go►►erning Law. This Deed of Trust will be governed by federal law applicable to L�nder and, ta the extent not
<br /> preemp#ed by�ederal law,the laws o�the State of Nebraska without regard to its e�nfl�cts nf law pro�isions. This
<br /> Deed of Trust has been accepted by Lender in the 5tate of Nebraska.
<br /> Nv Wair►er by Lsnder. Trustvr understands Lender will not g��e up any ot Lender's rights und�r this Deed of Trus#
<br /> unless Lender daes sv in writing. The fact that Lender dei�ys or vmits ta exercise any right wil� na# mean �hat
<br /> Lender has giaen uQ that right. lf Lender dves agree in writing to gi�e up ane af Lender's rights, that does nvt
<br /> mean Trustar wil� nvt ha�e tv cvmply with the other pro�isians of this Deed ❑f Trust. Trustor afsv understands
<br /> that if Lender dves cvnsent�o a request, that does not mean that Trus#ar wilE nat ha�e#a get Lender's cons�nt
<br /> again if the sEtuation happens again. Trustar#urther understands that Sust because Lender cansents ta ane❑r mnre
<br /> v�Trustvr's requests, that does not mean Lender will be required to consent tv any of Trustor's future requests.
<br /> Trustor waives presentment,demand for payment, pratest,and notice of dishonar.
<br /> Se�erability, If a cvurt finds ti�at any pra�ision of this Deed of Trust is not�alid vr should not be enfioroed, tha�
<br /> �act by�tself will nvt me�n that the rest af this Deed of Trust w�il no#be�alid ar enfarced. There�are,a court will
<br /> enforce the rest of the pr��isians of this Decd of Trust e�en if a pra�ision of this Deed of Trust may be faund to be
<br /> i n�al id or unenforceable.
<br /> Successors and Assigns. Sub�e�t to any fimitatians stated in this fleed af Trust an transfer af Trustor's interest,
<br /> this Deed �f Trust shali be binding up�n and inu�e to the benefit of the parties, their successors and assigns. I�
<br /> ownership af the Prope�ty becomes�ested in a person other than Trustor, Lender, withaut notic� tv Trustor, may
<br /> deal with Trustor's successors with reference to this �eed of Trust and the Indebtedness by way af forbearan�e ar
<br /> extension without releasing Trus#or fr�m the abiigations af this�eed of Trust❑r liabiiity under the Indebtedness.
<br /> Time is o�ths Essen�e. Time is�f the essence�n the perfarmance of this D�ed af Trust.
<br /> Wai�e Jury. A�I parties to this Deed�f T�ust hereby wai�e the right to any jury#ria! in any action, proceeding, ar
<br /> counterclaim brought by any party against any other parky.
<br /> Vllai�er of Homestead Exemption. Trustar hereby releases and wai�es all rights and bene�its ❑f the hvmestead
<br /> exempti�n 4aws of tMs 5tate of lVebraska as to a�l�ndebte�dness secured by this'C1eec!o�Trust.
<br /> DEFtN17��N5. The following w�rds shaEl ha�e the fallowing meanings when used in this Deed of Trust:
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