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2� 1 ��8284
<br /> DEED �F TF�UST
<br /> ��ontinued� Page 6
<br /> per�ormance vf any indebtedness vr�bligativns secured by this Deed af Trust and to exercis�all rights and powers
<br /> und�r this Deed of Trust, und�r the Note, under any of the Related Dvcuments, or under any other agreement or
<br /> any laws now vr hereafter in force; natwithstanding, some ar a�l of such indebtedness and ohligativns se�ured hy
<br /> this Deed af Trust may now vr hereafter be otherwise se�ured, whether by mortgage, deed vf trust, pledge. lien,
<br /> assignment vr otherwise. Neither the acceptance of this Deed of Trust nor its enfvrcement. whether I�y court
<br /> ac#ion or pursuant to the powsr of sale or❑ther powers contained in this D�ed of Trust. shall prejudice vr in any
<br /> manner affect Trustee's or L�nder's right tv realize upon or enforce any o�her security naw or herea#ter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br /> of Trust and any vth�r se�urity now ar hereafter hgld hy Lender or Trustee in such order and manner as they or
<br /> either af �hem may in their absolute discretion determine. No �emedy con�erred upvn or reser�ed to Trustee or
<br /> Lender, is intended t❑ be ex�lusi►►e of any �ther remedy En this Deed of Trust or by law pro�id�d or p�rmitted, but
<br /> gach shall b� cumulati�� and shall be in addition to every a#her remedy gi�en in this Deed vf Trust ar nvw ar
<br /> hereafter existing at 1aw vr in�quity or by statute. E�ery power vr remedy gi�en by the N�te or any of the Related
<br /> Dv�uments to Trustee or Lender or tv which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or indep�ndently, from #ime ta time and as often as may be de�med expedient by Trustee or L�nder,
<br /> and either o# them may pursue incvnsistent remedies. Nothing in this ❑eed of Trust shall be construed as
<br /> prvhihiting Lender f�om seeking a deficiency judgment against the Trustv�to the ext�nt such action is permitted by
<br /> law. Electivn by Lender to pursue any remedy shall nat exclude pucsuit vf any o#her remedy, and an election to
<br /> make exp�nditures or to take action t� perform an ohligation �� Trustar under this Deed of Trust, after Trustor's
<br /> �ailure to per#orm, shall not affect Lender`s right to declare a de#ault and exercise its remedies.
<br /> Request fvr Notice. Trustor� on behalf of Trustor and L�nder, hereby requests#hat a�opy of any Notice of Default
<br /> and a copy of any Notic�of Sal� under this Deed of Trust be mailed to them at the address�s set fvrth in�he first
<br /> paragraph❑f this aeed of Trust.
<br /> Attorneys' Feas: Expenses. I� Lender institutes any suit or a�tian ta enforce any a# the terms of this ❑�ed of
<br /> Trust, Lender shall be entitled to reco�er such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeai. Whether or not any court action is in�al►►sd, and to the extent nv# prah�hited by �aw, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any tim� for the prote�tian vf its
<br /> interest or the enforcement of its rights shall become a part of the lndehtedness payable on demend and shall bear
<br /> in#erest at the Note rate from the date vf the expenditure until repaid. Expenses c�►►ered by this peragraph include,
<br /> without limitatian, hawe��r subject ta any iimits under applicabl� law, Lender's attvrneys` fees and Lender's legal
<br /> expenses, whe#h�r or not there is a lawsuit� including attvrneys' fees and expenses for bankruptcy praceedings
<br /> �including efforts to madify or�acate any automatic stay or injunctivny, appeais, and any anticipated post-judgment
<br /> collecti�n ser►►ices, the cost of searching recvrds, obtaining ti�le rep�rts �including foreclosure reports�, sur��yors'
<br /> reports, and appraisal fees, title insurance, and �ees for the Trustee, to the extent permitted hy applicable �aw.
<br /> Trustor also will pay any cvurt�asts, �n addition to all other sums pro�ided by law.
<br /> Righ#s of Trus#ae. Trust�e shall ha�e all of the rights and duties of Lender as set forth in this section.
<br /> PDINERS AND QBLIGATI�NS �F TRUSTEE. The fo��owing pro�isions relating tv the powers and obligations af Trustee
<br /> a�e part of this Deed of Trust:
<br /> Pow�rs of Trustee. �n addition#o a�l powers of Trustee arising as a matter of law, Trustee shall ha�e the power to
<br /> take the fallvwing actions wi#h respec#to the Praperty upvn the wri##en request of Lender and Trustor: {a� join in
<br /> preparing and f�ling a map vr plat of the Real Prvperty, including the dedication of streets ar vther rights tv the
<br /> pubiic; �b� join in granting any easement or creating any restriction an the Real Property; and 4cy jain in any
<br /> subord�nation or ather agreement a##ecting this Deed of Trust or the interest of Lender under�his Deed v#Trust.
<br /> Trustee. Trustee sha�l meet all qualifications �equired #or Trustee under applicable law. In additivn to the rights
<br /> and remedies set forth abo�e, with respect to all or any part vf the Property, #he Trustee sha�1 ha�e the right to
<br /> foreclvse by notice and sale, and Lender shall ha�e the r�ght to foreclose by judicial fore�losure. in either cas� in
<br /> accordan�e w�th and ta the full extent prv�ided by applicable law.
<br /> 5uccessvr Trustee. Lende�, at Lender's optivn, may fram time tv time appoint a successor T�ustee t❑any Trustee
<br /> appointed under this Deed o� Trust by an ins�rumen� executed and a�knowl�dged by Lender and recorded in the
<br /> office of the rscorde� of Hall County, State vf Nebraska. The instrument shall cantain. in addition ta a�l other
<br /> matters required hy state law, the names af the original Lender. Trustee, and Trustar, the book and page tor
<br /> computer system reference} wh�r� this Deed of Trust is r��nrded� and the name and address �f the 5uCGe5sar
<br /> trustee, and the instrum�nt shall be executed and acknowledged hy all the beneficiaries under th�s fleed vf Trust or
<br /> their successors in interest. The successvr trustee. without con�eyance of th� Property, shall succeed to ai! the
<br /> titie, pawer, and duties conferred upon the Trustee in this Deed of Trust and by applicable �aw. This procedure for
<br /> substitution of Trustee shall go�ern to the exclusion af all vther pra�isivns for substitutivn.
<br /> N�TICES. Any notice required to be gi�en under this Deed of Trust, including withaut limitatian any notice of default
<br /> and any notice of sale shall be gi�en in writing. and shall be e##ecti�e when actually deli�ered, when actually recei�ed
<br /> hy tele#acsimile �uniess otherwise required by lawy. when deposited with a nationaily recognized o�ernight courier, or� if
<br /> mailed, when deposited in the United States ma��, as f�rst class, certified or registered mai! postage prepaid, directed to
<br /> the addresses shown near #h� beginn�ng af this ❑eed vf Trust. All cop�es of natices af foreclvsure from the holder vf
<br /> any iien which has privrity o�er this Deed ❑f Trust shall be sent to Lender's address, as shown near the b�ginning af
<br /> this Deed of Trust. Any party may �hange its address for notices under this ❑eed �#Trust by g��ing formal written
<br /> notice t� the other parties, specifying that the purpose vf the nvtice is to change the party's address. For n�tice
<br /> purpos�s, Trustor agrees tv keep L�nder in�armed at all times o�Trustor's current address. Unless otherwise pro�ided
<br /> or required by 1aw, i�there is more than ❑ne Trustar, any natice gi�en hy L�nder to any Trustor is deemed to he notice
<br /> gi�en to all Trustors.
<br /> M�SCELLANEQUS PR�VISIDNS. The foiiawing miscellaneous pro�isions are a part of this Deed of Trust:
<br /> Amendments. This Deed o�Trust, tag�ther with any Related Documents, constitutes the entire understanding and
<br /> agreement vf the parties as to the matters set #o�rth �n this Deed of Trust. Nv alteration v�or amendment t❑ this
<br /> Deed of Trust shall be effecti�e unless gi�en in writing and signed by the party ❑r par�ies sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annuel Reports. I# the Property is used for purposes other than Trustor's residence, Trustor shall furnish tv
<br /> L�nder, upvn request. a certified statement of n�t operating incvme recei�ed from the Property during Trustor's
<br /> pre�ious fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean a�l c�sh
<br /> receipts from the Property iess all cash expenditures made in�onnection with the❑peration af the Property.
<br /> C�ption He�dings. Caption headings in this ❑eed vf Trust are for con�enience purposes on�y and are nv# to k�e
<br /> used to interpret or define the p�o�isions of this Deed of Trust.
<br /> IlAerggr. There shall be no merger of the interest or estate created by th�s ❑eed of Trust with any other interest or
<br /> estate in th� Proper�y at any t'rme held by vr for the benefit of Lender in any capecity, without the written consent
<br /> of Lender.
<br /> Go�erning Law. This �eed af Trus# will be gv�erned hy feder�l lew appli�ahle to Lendar end, tv the ex#�nt nat
<br /> preemptsd by federel 18w,the laws o#the State of Nabraska without regard to its cnnflicts o�law pro�isivns. This
<br /> Deed of Trust has been accapted by Lendsr in the State af Nebraska.
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