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2� 1 ��79�2
<br /> DEED �F TRUST
<br /> ��ontinue�l� Page �
<br /> under #his ❑eed of Trust, unde� the Note, under any of the Related ❑ocuments, or under any other agreemen# ar
<br /> any laws now or hereafter in f�r�e; notwithstanding, some vr all o#such indebtedness and ❑bligations sscured by
<br /> this Deed of Trust may nvw or hereaftsr be otherwise secured, whether by martgage, deed of trust, pledge, lien,
<br /> assignment or vtherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action vr pursuant to the power of sale or ath�r powers �on�ained in this De�d vf Trust, sh�11 prejudice or in any
<br /> manner a��ect Trustee's or Lender's right tv reafize upon or enfvr�e sny vther security now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender, and ea�h of them� shall be enti�ied to enfor�e this Deed
<br /> vf Trust and any v�her security now or her�after held hy Lender ar Trustee in such order and manner as they ar
<br /> either vf them may in thgir ahsolute discretion determine. Nv remedy conferred upvn or reser�ed to Trustee or
<br /> Lender, is intend�d to be ex�lusi�e of any vther remedy in this D�ed of Trust vr by law prv�ided or permitted, but
<br /> each shell be cumulati�e and shall be in addition tv e�ery ather remedy gi�en in this De�d o# Trust vr now or
<br /> hereafter existing a#law or in equity or by statute. E�ery power or remedy gi�en by the Nate or any�f the Related
<br /> Documen#s to Trustee vr Lender or tv which either of them m�y �e otherw+se entitled, may he ex�rc+sed,
<br /> concurren�ly �r independently, from tim�to time and as often as may be deemed �xpedient by Trustee ar Lender,
<br /> and eith�r of them may pursue �nconsistent remedies. Nothing in this Deed of Trust sha11 be construed as
<br /> prohihiting Lender from seeking a defi�iency judgm�nt against the Trustor to the extent such a�tion is permitted by
<br /> law. Electivn by Lender t❑ pursue any remedy shall not �xclude pursuit a# any other remedy, and an eleGtion to
<br /> make expenditur�s or to take action to perform an obligation of Trustvr under this Deed of Trust, after Trust�r's
<br /> feilure to perform,shall not a#�e�t Lender's right to declare a de#ault and�xercise its remedies.
<br /> Request far Notice. Trustor. �n hehalf of Trustar and Lender, hereby requests that a copy af any Notice of❑efault
<br /> and a copy vf any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in ths first
<br /> paragraph vf this Deed o#Trust.
<br /> Attorneys' Feas; Expenses. If Lender institutes any suit or action to enfarce any of the terms of this Deed o�
<br /> Trust, Lender shail be entitled tv r�co�er such sum as the cvurt may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether vr not any cvurt acti�n is in��l�ed. and to the extent not prvhibited by law, all
<br /> reasvnahle expenses Lend�r incurs that in Lender's opinion are necessary at any time for the prvtection of its
<br /> interest ar the enfarcement af its rights shall b�come a part of the Indebtedness payable vn demand and shall beer
<br /> interest at the Note�ate frvm the date of the expenditure until repaid. Exp�nses cv�ered by this paragraph include.
<br /> without limitation� howe�er subject to any limits under applicable law, Lender's att�rneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, �ncluding att�rneys' fees and expenses for bankruptcy proceedings
<br /> �incEuding efforts tv mod+fy or►►acate any automatic stay vr injunction), appea�s, and any anticipated post-judgment
<br /> collection ser�ices. the cost o#searching recards. abtaining title reports �including fvreclosure rep�rtsy, sur�eyors'
<br /> reports, and eppraisal fees. title insurance, and fees for the Trustee, to the extent permitted by �pplicable law.
<br /> Trustor alsv will pay any court costs, in add�tion tv al�other sums pro�ided by law.
<br /> Righta vf Trustee. Trustee sha��ha�e a�!v#the rights and duties❑f Lender as set forth in this section.
<br /> Pa1NER5 AND�BLIGATI�IVS �F TRUSTEE. The follvwing pro�isions relating tv the pawers and vbligations af Truste�
<br /> are part of this Deed vf Trust:
<br /> Powers of Trustee. In addition ta all pvwsrs vf Trustee erising as a matter vf law, Trustee shell h��e the power to
<br /> take the following actions with respe�t to the Prop�rty upon the written requQst of Lender and Trustor: �a}join in
<br /> preparing and filing a mep or plat vf ihe Real Property, including the dedicat+an of streets or oth�r rights to the
<br /> public; �bZ join in granting any easement or creating any restriction �n the Real Property; �nd �c� join in any
<br /> subordinatian or o#her agreement�ffecting this�eed of Trust or the interest of Lender under this De�d of Trust.
<br /> Trustee. Trustee shall meet ail qualificati�ns required �v� Trustee under applicable law. In addition to the rights
<br /> and remedies set far#h abo�e, w�th respect t� all or any part o#th� Property, th� Trustee sha11 ha�e the right to
<br /> foreclase hy notice and sale, and Lendsr shall ha�e th� right to #ore�lvse by judicial farecfasure. in either case in
<br /> a�cvrdan�e with and tv the full extent pra�ided by�pplicable Eaw.
<br /> Successvr Trustee. Lender, at L�nder's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointsd under this Deed of Trus# by an instrum�nt exe�utsd and acknowledged by L�nder and recorded in the
<br /> office o# the recvrder of Hall County, State vf Nebraska. The instrument shall canta�n, in addi�ion to ail ather
<br /> mettgrs required by state law, the nsmss vf the ❑rig�nel Lender, Trustee, and Trustor, the bvok and page �or
<br /> computer system referencey where this Deed of Trust is recorded, and the name and address of the succgssor
<br /> trustee, and the instrument shall be exe�uted and acknowledged by all the hene#+ciaries under this�eed v#Trust or
<br /> their successors in interest. The successor trustee, without con�eyance of the Property, shall succ�ed tv all the
<br /> title, power, and duties canferred upon the Trustee in this Deed o#Trust and by applicable law. This pracedure fvr
<br /> substitution of Trustee shsl�go�ern to th�exclusivn vf a�l other pro�isions for substitution.
<br /> N�TICES. Any notice required tv be gi�en under this Deed vf Trust, including wi#hvut limitation any notice of default
<br /> and any notice of sale sha11 he gi�en in writing, and sha�l be effecti�e when actually deli�ered, wh�n actually recei�ed
<br /> by telefacsimile �unless otherwise required hy lawy, when deposited with a nationally recognized v�ernight cnurier,vr, if
<br /> mailed, when deposited in the United States mail, as first class, csrtified vr�egistered mait postage prepaid, directed to
<br /> #he addresses shown near the beginning af this aeed �f Trust. Ail capies of notices of forec�osure from the halder of
<br /> any lien whi�h has priority o�er this Deed of Trust sheli be sent to Lender's addrsss, as shvwn near the heginning ❑f
<br /> this Deed of Trust. Any party may change its address for notices under this Deed of Trust by gi��ng formal written
<br /> nvtice to the other parties. specifying that the purpose of the nvtice is tv change the party's address. For notice
<br /> purposes, Trustar agrees ta keep Lender Enf�rmed at a1�times of Trustor's current address. lJnless othscwise pra�ided
<br /> vr required by law, }�there is more th�n one Trustor, �ny natice g+�en by Lender t❑ any Trustvr is deemed to �e noti�e
<br /> gi�en to all Trusto�'s.
<br /> ASS�CIATIDN DF UNIT �WNERS. The #ollvwing pro�isivns apply if �he Reai Property has been submitted to unit
<br /> ownership law ar simila�law for the estak�lishment of condominiums or cooperati��ownership nf the Real Property:
<br /> Power of Attornsy. Trustor grants an irre�ocable powe�of attorney t�Lender to�ote in Lsnder's dis�retion on any
<br /> matter that may come before the association o#unit vwners. Lender shall ha�e the right to ex�rcise�his power vf
<br /> attorney vnly after Trustor's default; however, Lender may�iecline tv ex�rcise this power as Lender sess#it.
<br /> Insurance. The insurance as required aba�e may be car�ied by the association of unit owners on Trustor's behaif.
<br /> and the proceeds of such insuranCe may be paid tv the assaciation of unit vwners far the purpase of repairing or
<br /> rsc�ns#ructing the Property. �f not so used by th�assaciativn� such proceeds shall b�paid to Lender.
<br /> Defeult. Trustor's failure to perfvrm �ny ❑f the ob�igatEans impossd vn Trustvr by the declaration submitting the
<br /> Real Property ta unit ownership. by the bylaws ofi the associativn af unit �wners, ❑r by any rules ❑r regulatians
<br /> thereunder, shall be an e�ent a# defau�t under this Deed of Trust. 1f Trustar's interest in the Re�l Property is a
<br /> leasehoid interest and such prvpsrty has been submitted to unit ownership� any failure by Trustor#v perform any
<br /> �f the obl+gations imp�sed on Trustor hy the �eese of the Real P�operty from its owner, any default under such
<br /> lease which might resuit in termination o�the le�se as it pertains to the Reai Property,or any failure vf Trustvr as a
<br /> member vf an association o�unit owners tv take any reasonable activn with�n Trustar's power to pre�ent a default
<br /> under such lease by the ass�ci�tton of unit owners or �y any member v# the association sheN be an E�ent of
<br /> Default under this❑eed vf Trust.
<br /> M�SCELLANE�US PR�V�51�NS. Th�fvilowing m+scg�laneous pro��sivns are a part of this Deed of Trust:
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