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2� 1 ��79�4
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<br /> DEED �F TRUS�
<br /> ��ont�nu�d} Page 6
<br /> paragraph of th is Deed of Tru st.
<br /> Attvrneys' Fees; Expenses. !f Lender �nstitutes any su9t �r actian to enforoe any of the terms of thEs D�eed ❑f
<br /> Trust,Lender shal� be entit�ed ta re�avver�uch sum as�he�o�rt may adjud�e reasonabl�as attorneys'fees at trial
<br /> and upon any appea�. Whether o�' not any court act�an is in�ol�ed, and to the extent not prahibited by law, a!�
<br /> reasonable expenses Lende� �ncurs that in Lende�'s opinivn are neGessary at any time for the prote�ion of its
<br /> interest or the enfnraement af i#s right�shall be�ome a part of the indebtedness payable on demand and shall l�ear
<br /> i n#erest at the Note rate from the date o#the expenditure u nti I repaid. Expenses no��red by th is parag�aph i nclude,
<br /> without limitation, howe�er subject�a �ny limifs under applir.�bie law, Lend�r's attvrneys'�e�es and Len�er's fega�
<br /> expenses, w�ether Qr not there is a lawsuit, in�luding attorneys' �ees and expens�:s for bankruptcy proceedings
<br /> (includ�ng effQrts to modify ar��cate any automatic stay or injunction}, appeals,�nd any anticipat�d past judgmen�
<br /> oolie�tion ser�ices,�he cost of searc�ing reoords, abt�ining title reports�includiRg forecl�sure reports�, surueyors'
<br /> reports, �nd appraisaf fees, ti�l� insurance, and �ees for the Trustee, to th� extent perrnitted by applicable law.
<br /> Trust�r alsa will pay any cvurk costs, in addition ta all ather sums pra�ided by law.
<br /> Rights af Trust�e. Trustee sha�l ha�e all of the r�ghts and duties vf Lender as set forth in this section.
<br /> P�VIIERS AND DBLIGATIDNS t3F TRUSTEE. The following prv�isions relating ta the powers and obligations ofi Trus#ee
<br /> are parf of th�s❑eed of Trust:
<br /> Powers vf T�,rs#ee. �n a�ditivn#a al�pow�rs of Trus�ee arising as a matter❑f faw,Trustee shaii have the pvwer to
<br /> take the�ol�owing actions with respeci ta the Property upon the written request af Lender and Trustor: �a}join in
<br /> preparing and filing a map v�- piat of the Reai Property, in�iuding fhe dedicatior� of streets or oth�r rights t� tt��
<br /> public; (b� jain in �rar�#ing any easement or Gr�a�ing any r�striction on the Real Property; and {c} �oin in any
<br /> subordination ar oth�r agreement a�fecting this Deed of Trust or the in#erest of Lender under this C]eed of Trust.
<br /> Trustee. Trustee shal! meet ail qualifcations required fior Trustee under applicable law. In addit�on ta the rights
<br /> and remedies set forth abo�e, with respect to a�i ar any part of the Praperty, the Trus#es sl�all ha�e the ri�ht io
<br /> �areclQse b� natice and sale, and Lender wi�l ha�e the ri�ht to fvreclose by judicial foreclosure, in either case in
<br /> accvrdance with and ta the�ull ext�nt pro�ided by appl�cable law.
<br /> Successor Trustee. Lender, at Lender's op�ion, may frvm time to time appoint a successor Trustee to any Trustee
<br /> appainted under this {]eed af Trust by an instrument exe�uted and acknowledged b� Lender and rec�rded in the
<br /> o#fice of the recarder of Hall Caunty, State of IVebraska. The instrument shall contain, in addition to all other
<br /> matters required hy state law, the narnes of the original Lender, Trustee, and Trustor, the book and page (o�
<br /> computer system �eference� where this Deed o€ Trus# is recorded, and the name and address of the successor
<br /> truste�, and the ins�rument shall be executed�nd acknowledged by all the benefc�aries under this Deed of Trust ar
<br /> their successors in inter�st, The successor trustee, with�ut con�eyan�e of the Property, s�al! succeed t� all t�e
<br /> titl�, pawer,and duties conferred upan the Trustee in#his�eed�f Trust and by applicable law. This pracedure for
<br /> substitutian of Trustee shal!govern ta the exciusion af a!i other pro�isions for substitution.
<br /> NQTICES. Any notice required ta be gi�en under this Deed af Trust, in�luding without limitatican any no#�ce vf de�ault
<br /> and any notice of sale shail be gi�en in writing, and sha�� be effecti�e when actua�ly de�i�ered, when actu��ly rec�ived
<br /> by tele�acsimi�e�unf�ss�therwis�required b�law},when deposit�d w�th a nationally recflgnized a�ernight Courier,or,if
<br /> mailed,when depvsited in the United 5#a#es mail, as f�rst�lass, certified ar registered maii �ostage prepaid,direct�d tv
<br /> the addresses shawn near#he beginning v�this C]eed of Tr�s#. All �apies ot notices of farec�vsure fr�am#he hoider vf
<br /> any lien which has priority o�er this Deed o�Trus�shall be sent to Lender's address, as shown near the beginning ❑f
<br /> #his Deed of Trust. Any persan may �hange his or her address for natices unde�th+s Deed vf Trust by gi�ing farma�
<br /> written noti�e to the other persan ar �ersc�ns, speci€�ing tha# tt�e purpose Qf the no#ic� is to change the person's
<br /> address. For notice pur�ases,Trustar agrees to keep Lender in�ormed at a!I times of Trustor's cu�rent address. Unless
<br /> otherwise pro�ided or required by 1aw, if there is mvre than one Trustor, any nvtice gi�en by Lencler tv any Tn,rstar is
<br /> d�emed to be notice giWen ta all Trustars. Ii will be Trustor's respvnsik�ility to tell th�athers of the nvtice from Lender.
<br /> M�SCELLaN�QUS PR��IISI�IVS. The fo��vwing misc�llane�us prov�sions are a pa�t af this Deed of Trust:
<br /> Amendmen#s. Wh�# is wri#�en in t�is Dee�i nf Trust and in the Re�ated Documents is Trust�r's entire agreement
<br /> with Lender concerning the matters co�ered by this Deed of Trust. To be effecti�e, any change or amendm�n#to
<br /> this Deed of Trust must be in writing and must be signed by whve�er wi�l be bvund a�'ab�igated b�the change vr
<br /> ar�nendment.
<br /> Capt��n Headings. Caption headings in this Deed v�Trust are for con�enience purpases on�y and are nat tv he
<br /> used to interpret or def ne the pro�is�ons af this C�eed vf Trust.
<br /> Merger. There shal! be no merger of the interest or estate c�eated by this ❑eed of Trust with any other in#er�st ar
<br /> estate in the Praperty at any tim� he��by�r�or#he ben�€�t ot Lender in any capacity, without the w�itten consent
<br /> af Lender.
<br /> Gu�erning Law. This Deed of Trust will be go►►erned by fsderal law applicabl�to L�nder and, to #he �xtent not
<br /> preempted by federal l�w,the �aws of the S�a�e of Nebraska wi�hout regard to its conflic#s o��aw pravisions. This
<br /> D�ed vf Trust�as b�en accepted b�Lend�r�n the State�f Nebraska.
<br /> Ja�r�t and Se�eral L1ab�lity. A11 c�bligations o�Trustvr under this Dee�d of Trust shal! be jaint and se�era�l, and al�
<br /> referen�es t� Trustor shall mean e�ch and e�ery Trustnr. This means that each Trustar signing belaw is
<br /> responstble far a�l abliga�ians in this Deed of Trust.
<br /> No Wai�er by Lender. Trustar understanc�s Lend�r w�ll nat��ve up any af�,ende�'s rights under t�is L�ed af Trust
<br /> un�ess Lender dves so in writing. The fac# #hat Lender delays�r omits t� exercise any right will not mean #hat
<br /> Lender has gi�en up that right. �f Lender does agree in writing to gi�e up one�f Lender's rights, �hat does nn#
<br /> mean Trustar w�lt not have to cam�ly with the Q�her pro�isivns of this Deed af Trust. Trustor also understands
<br /> that if Lender does �onsent to a request, that daes nvt mean #ha# Trustor wi�l nat h��e to get Lender's consent
<br /> again if the si#uation happens again. Yrustor further understands that just because Lender�vnsents to one ar mvre
<br /> af Tr�ustnr's reques�s, t�at daes n�t mean Lender will be required tv �onsent tv any of Trustor's future requests.
<br /> Trustvr wa+�es presentment,demand for payment, protest,and nvtice v#dishon�r.
<br /> Se�erabil�ty. lf a�aurt finds that any pm�isivn vf this veed of Trust is nQt�alid or shvuld rrot �e enfvrced, that
<br /> �act by itself wif� n��mean#ha�the rest o�this C)eed af`�rust wil�not�ae�alid ar enfcx-oed. "�here€are,a cQurt wi�l
<br /> en�arve th�res�of the provisions vf this Deed af Trust e�en if a pro�ision of this Deed o�Trust may be faund to be
<br /> i n�al id or unen�orveable.
<br /> Successors and Assigns. Subject�o any limitations stated in this Deed of Trust on transfer of Trustor`s interes�,
<br /> this Deed of Trust shall be binding upan an� �nure to the b�nefit of#h� parties, their sucGessors and assigns. lf
<br /> ❑wnership af the Property becomes vest�d in a person �ther than Trustor, Lender, withaut notic� to Trustor, may
<br /> deal wtth Trustar's successors with reference to this D��d of Trust and the Indebtedness by way of farbearance ar
<br /> ex�ension wi�hou��eleas�ng T�us#or�from#he o�l�gations vt#his Deed of Trust or liabiiity under the Indebtedness.
<br /> Time is ot the Essence. Time is ot th�essence in tl�e perfvrmance��this Deed af Trust.
<br /> lAlai►►e Jury. A�I part�es#a thls Deed o�i Trust hgreby walve the righ#ta any jury trial in any ac#ian, proceeding,or
<br /> counterciaim hr�ught by any party against any ather pa�ky.
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