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2� 1 ��8� 12
<br /> DEED �F TRUST
<br /> ���n#��1ued� Page �
<br /> ac�ion or pursuant t� �he pawer of sale or vther pow�ers cantained in this Deed of Trust, shafl prejud�ce or in any
<br /> mann�r affe�t Trustee`s or Lender's right �o reaii�e upon or en�fiarce any other security now or hereafte� held �y
<br /> Trustee vr L�nder, it being agreed that Trustee and Lender, and each v#them, shall be er�tit�ed to enforce this Deed
<br /> af Trust and any v�'�er securi�y now or herea�ter he�d by L�nd�r vr Trus�ee in such order and manner as they or
<br /> either �� them may in their absolute discretion deter�nine. Nv remedy cvnferred up�n �r r�ser�ed to Trustee or
<br /> Lender, is intended to be exc�us��e of any ❑ther remed� in this Deed of Trust or by iaw pr��ided or permit�ed, hut
<br /> each shal� be cumulati�e and sha�l be in addit�vn ta every a�her remedy gi�en in this �eed o# Trust vr now or
<br /> herea�ter exis�ing a�law or in equ�ty or by statute. E��ery power or remedy gi�en by the Not�or any o�the Related
<br /> Dv�uments to Trustee or Lender or to which either of them may be vtherwise entitled, may he exer�ised,
<br /> concurr�ntly o� independently, firom �ime to time and as often as may bg deemed expedient by Trustee o� Lender,
<br /> and either v� them may pursue �nc�nsist�nt remedies. Nathing in �his Deed of Trust sha�l �e construed as
<br /> prohil�iting Lender frnm seeking a deficiency�udgm�nt against the Trus�or to the extent such act�on is permi�ted by
<br /> law. El�ctian by Lender to pursue any remedy shall no� exclude pursuit of any o#her remedy, and an ele�tion to
<br /> make expenditures or to take action fio per�orm an o�ligatian of Trus�ar under this Deed o� Trust, after Trus�or's
<br /> failure to perform, shal! n�t atf�ct Lender's righ��o de�.lare a default and exercise its rem�dies.
<br /> Request for Notice. Trustor, on beha��of Trus�or and Lender, hereby requests that a capy ❑#any Notice of ❑efau[t
<br /> and a capy af any Noti�e o�5ale under this Deed ❑f Trus� be mailed �o them at the addresses set#or�h in the first
<br /> paragraph of this D�ed of Trust.
<br /> Attorneys' Fees: Expenses. If Lender �nst�tutes any suit or ac�ion �a enforce any v� �the terms a# this Deed af
<br /> Trust, Lender shall be entitle�! ta reco�er such sum as the courf may adjudge reasvnabf� as attorneys' �ees a�'�rial
<br /> and upon any appeal, VVhether or n�t any court action is in�al�ed, and �o the extent nat p�ahihited by law, all
<br /> reasona��e �xpenses Lender incurs �hat in L�nd�r's opinion are necessary a� any tim� for the prot�ction of its
<br /> in�erest ar�he enfar�ement of its rights shall became a part of the lndebtedness payable on demand and shall bear
<br /> in�erest at the Note ra�e from�he date of the expend'€ture unti� repa�d. Expenses co�ered by this paragraph include,
<br /> wi�hout limitation, howe�er sub�ect�o any limits under appiicat�ie law, Lender's attorneys' �ees and Lender's legal
<br /> expenses, whe#her �r not th�re is a lawsuit, in�fu�ing attorneys' fees and expenses �ar bankrupt�y proceedings
<br /> ��n�luding effor#s tv modi�y or�acafie any automatic s�ay vr in�uncti�ny, appea�s, and any anticipa�ed pvst-judgment
<br /> cvllection ser�ices, the cost of searching records, vbtaining title reports {incEuding ��rec�osur� reportsy, sur�eyors'
<br /> �-eports, and appraisal fees, �itls insurance, and �ees for �he Trustee, to the extent permitted by appli�able law.
<br /> Trusfior alsv will pay any c�urt�osts, in addition to all other sums pro�ided by law.
<br /> Righ#s of Trust�e. Truste�shall ha�e all o�the �igh�s and duties of L�nder as set f�rth in th�s section.
<br /> P�VIIERS ANa UBLIGATIQNS �F TRUSTEE. The �ol�owing pro��sions relating �o the pawers and v�figations vfi Trustee
<br /> are part of this Deed o�Trust:
<br /> Pawers of Trustee. ln addition to all powers af Trustee arising as a matter of law, Trustee shall ha�e the power to
<br /> take the fiollowing a�:ti�ns with respect�o the Property upvn the written request of Len�er and Trus�or: �a� jain in
<br /> preparing and filing a map or plat of the Real Prvperty, including the dedi�ation o� streets or o�her rights to the
<br /> pub�ic; �b} join in granting any eas�ment ar crea�ing any res�riction on the Reaf Property; and 4c� join in any
<br /> subordinativn or o�her agreernent a��ecfiing this Deed af Trus�or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet ai[ quaii�ications required far Trustee under applicabl� faw. In addition to the rights
<br /> and remedies set farth abo��, with respect to aii o� any pa�t of the Proper�y, �he Trus�tee shal� ha�e the righ� to
<br /> foreclvse k�y n�tice and sale, and Lender shal� ha�e �he right to fvreclase by judi�ial forecfosure, in either case in
<br /> �ccordance with and t�the full ex�ent pro�ided by appl��able la►rv.
<br /> 5ucc�ssvr Trustee. Lender, at Lender's�p�ion, may�rom time to time appoint a suc�essor Trustee to any Trustee
<br /> appointed under this Deed of Trust �y an instrument executed and a�kn�wledged hy L�nde�- and re�orded in the
<br /> offic� ofi the recvrd�r of Ha�� �aunty, 5tate of Nebraska. The instrument shaff contain, in additivn �o all other
<br /> matters required by sta�e law, the names o# fihe orHginal Lender, Trusfiee, and Trustvr, the hook and page {�r
<br /> computer system referen�e} where this Deed o� Trust is recorded, and the name and address ❑f the su��essar
<br /> trustee, and the �nsfixumen�shaff be executed and acknowled�ed �y all th�beneficiaries under this Deed vf Trust vr
<br /> their successvrs in interes�. The suc�essvr trustee, w�thout con�eyance of the Praperty, shaff su�ceed �a all the
<br /> tit�e, power, and dut�es cvnferred upon the Trust�e in�his Deed o�Trust and by applicab�e law. This pro�edur� for
<br /> subst�tutian vf Trustee shall go�ern to the exclusion vf all ather pro�isi�ns f�r subst�tution.
<br /> N�T�CES. Any nvtice required t� be gi�en under this aeed v�Trus�, in�luding wi�hout fimitatian any notice af defauft
<br /> and any notice �f saie shal� be gi�en in wri�ting, and shall he e��recti�e wh�n actually deli�ered, when actuai�y recei�ed
<br /> by telefacsimile �unfess�therwise required by law�, whe�deposited w�th a nati�naiiy recogni�ed ❑�ernight courier, or, if
<br /> maifed, when deposited in the lJnited 5ta�es mail, as firs�class, certifiied or registered maii pastage prepaid, directed to
<br /> the address�s shov►rn near�he beg�nning o#this Deed of Trust. All copies of no#ices of �oreciosure #rom the hofder o�
<br /> any �ien which has priori}y o�er this De�d of Trust shall be sent to Lender's address, a� shown near the beginning v�
<br /> this Deed of Trust. Any party may change its address fvr notices under this Desd of Trust hy gi�ing formal wri�ten
<br /> notice to the o�h�r partE�s, specifying that the purpose of �he notice is to �hange the party's address. For notice
<br /> purposes, Trustor agrees ta keep Lender informed at all �imes of Trustor's curren� addr�ss. Unless v�herwise pro�ided
<br /> or requir�d by �aw, if the�e is more than ❑ne Trustor, any no�ice gi�en by Lender�to any Trusl:or is de�med to be notic�
<br /> g i�en to all Trustvrs.
<br /> M�SCELLANE�US PR�V[Sl�NS. The fo��owing miscel�aneous pra�isions are a part❑f this ❑e�d ❑�Trust:
<br /> Amendments. This Deed of Trust, together with any Refat�d �vcuments, cvnstitutes the�n�ire understanding and
<br /> agreement o�f the partiss as to �he matters set forth in this Deed o�Trust. Na a�teration of or amendment to this
<br /> Deed v�Trus�shalf be e��ecti�e unless gi�en in writin� and sign�d hy the party or parties saught tv be charged or
<br /> hvund by the alteratian or amendm�nt.
<br /> Annual Reparts. If the Prop�rty is us�d �or purposes other than Trustor`s residence, Trustar sha�! furnish to
<br /> Lender, upon r�quest, a certified s�atemen# of net operat€n� income �ec�i�ed from��he Pr�perty during Trusfior's
<br /> pre�ious �isca� y�ar in such fiarm and detail as Lender sha�[ requ€�e. "Net operat�ng income" shaff inean a�� cash
<br /> receip�s from the Preperty 1e�s al1 cash expenditures made in connection with the ape�atian❑f�he Prvper�y.
<br /> �ap#ivn Headings. �aptinn headings in this Deed af Trus�t are for con�enience purposes only and are not �o be
<br /> used tv in�erpret or define the pra�isions o#this Deed of Trust.
<br /> Nlerger. There shall be na merg�r v�the in�erest or esta�e created by this [7eed af Trust with any o�her interest or
<br /> estate En the Proper�-y at any time held by or�or the benefit of Lender in any capa�ity, w�thout the written cvnsen�
<br /> . vf Lende�.
<br /> Gvverning Law. This Deed o# Trust wi�t be gvverned by �ederal �aw appli�able ta Lender and, tv �he exten� nv�
<br /> preempted hy federa��aw,the laws o##he State af Nehraska withvut�egard to its con�licts af law pra�isions. This
<br /> Deed o�Trust has heen accepted�y Lender"rn the State vf Nebraska.
<br /> �haice o� Venu�. I�there is a lawsuit, Trustor ag�ees upon Lender's request to suk�mi� to �he jurisd�ct�on o� the
<br /> courts of Half �aunt��, Sta�e of Nebraska.
<br /> Jvin� and Se�eral Li�hility. All vbligations af Trustor under this Deed of Trust sha�1 be joint and se�eraf, and a�l
<br /> references �o Trustar shall mean ea�h and e�ery Trustor. This means that each Trustor signing below is
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