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2� 1 ��874�
<br /> DEED �F TRUST
<br /> Laan Nv: ��']29�5�2 �Continued� Page �
<br /> �oncurrently or independently, firom time tv time and as ofter� as may be deemed expedient �y Trustee ar Lender,
<br /> and either vf thsm may pursue incvnsistent rer�edies. Nathing in this Deed of Trusr shall be construed as
<br /> prohibiting Lend�r from seeking a deficiency judgment against the Trustar to the extent su�h action is permitt�d by
<br /> law. E�ection by Lender to pu�sue any remedy shall not exclude pursuit of any other remedy, and an election to
<br /> make expenditur�� vr t� tak� action to per�arm art vbligat�on af Trustor under this Deed of Tru�t, after Trust�r's
<br /> failure ta perform, sl�all not affec#Let�der's righ��a declare a d�fault and exer�ise its �emedies.
<br /> Request for Notice. Trustor, on b�half af Trustor and Lender, hereby requests that a Gapy of any Noti�e of Default
<br /> and a copy of any NotEce of Sa�e under this Deed of Trust be mailed ta them at the address�s �et �orth in the first
<br /> paragraph of this Deed vf Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ❑r activn tv enfor�e any o� the terms ❑f this Deed o#
<br /> Trust, Lender shafi be entitled t� rec��er such sum as the ��urt may adjudge reasonab�e as attarneys' fees at trial
<br /> a�d upon any appeal. 1Nh�ther ❑� not any cou�t a�tian is in�ol�ed, and to the extent not prohibit�d by law, all
<br /> reasonable expenses Lender ir�curs that in Lender's vpinian are necessary at any time far the pr�teGtion �f Ets
<br /> ir�te�est or the enforcement�f its rights shall be�ome a part of the Ind�btedness payable on demand and �ha[I bear
<br /> i�terest at the Nate rate from the date of tfne expendi�ure untii repaid. Expenses co�ered by this paragraph inGlud�,
<br /> withaut i�mitation, hawe�er subject to any iimits under appEicable law, Lender's attorneys' f�es and Lender's legal
<br /> expenses, whether or r�at there is a �awsuit, i�cluding at�orn�ys' fees and �xpanses to� bankruptcy proce�dings
<br /> �in�luding effor#s ta modify❑��acate any automatic stay or injunction}, appeals, and any anticipated past-judgment
<br /> �ollection ser�ices, the cost of searching re�ar�is, obtaining titSe reparts {including foreclosure reports�, sur�eyors'
<br /> repvrts, and appraisal fees, title insurance, an�f tees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor afs❑ wif! pay any court�osts, in addition tv all oth�r sums pro�ided by law.
<br /> R�ghts of Trustee. Trustee shal� ha�e all afi�the rights and duties vf Lender as set forth in this s�ction.
<br /> P�INERS AND �BLIGATi�NS DF TRLISTEE. Th� fo��owing pro�isians re�a�ing ta the pvwers and obiigations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trus#ee. �n addit�on ta all pawers of Trustee ar�sing as a matter of law, Trustee sha�i ha�e the power to
<br /> take the f�ll�wing a�tions with respec�t❑ th� Property upon the written request of Lend�r and Trust�r: (a} join in
<br /> preparing and filing a map or p�at of the Rea[ Praperty, in�luding the dedi�ation of streets �r other rights to the
<br /> public; {b} join in granting any easement or creating ar�y restrict�on �n the Real Property; and {c� jain in any
<br /> subordinatian or ather agreement affe�ting this D�ed of Trust or the Enterest of Lende�under this Deed of Trust.
<br /> Trustee. Trustee shal� meet all quaiiti�cations required tor Trustee unde�- applicabEe law. In addition to the rights
<br /> and remedies se� forth abo�e, with respect to all �r any par# of the Praperty, the Trustee shall ha�e the right tv
<br /> foreclvse by natice and sale, and Lender sha�! ha�e the right ta foreclase by judicial fo�eclosure, in �ither cas� in
<br /> accordance wi#h and ta the full extet�t pro�ided by applicabi� law.
<br /> Succ�essor Trustee. L�nder, at Lender's ❑pti�n, may �ram time to time appain�a succes�o�Trust�e to any Trustee
<br /> appointed under this De�d �f Trust hy an instrument executed and acknowledged by Lender and re�orded in the
<br /> atfic� ❑f thE recarder �f HALL Caunty, Sta�e af Nebraska. The instrument shali cont�in, in �dditian ta all other
<br /> matters required by state law, the names af the original Lender, Trustee, and Trustar, the bvvk and page �or
<br /> c�mpu#er system refere�c�y where this Deed ❑t Trust is recorded, and the name and address at the successor
<br /> trustee, and the i�strumer�t shall be execut�d and acknowledged by a[[the bene�i�iaries under�his Qeed of Trust or
<br /> their successors in interest. The successor trustee, without c�n�eyance of the Property, shall suc�eed ta all the
<br /> title, power, and dut�es conferred up�n the Truste� in this E�eed af Trust and by applicabie iaw. This pr�c�dure far
<br /> substitutian of Trustee shali ga�ern ta th��xclusian af all other pr��isions�or subs�titution.
<br /> N�TICES. Any notice required to �e gi�en und�r this Deed af Trust, including withvut limitat�on any notice of defau�t
<br /> and any not+ce af sale shall he gi��n in writing, and shall be effecti�e when actually deli�ered, when actuaffy recei��d
<br /> by telefacsimile tunless vtherw�se requir��i by iaw�, when deposited with a na�ionally�ecagn4zed overn�ght cflurier, tir, i#
<br /> rriailed, when depvsited in the Llnited States r7nai�, as �irst�lass, ce�tified vr registered mail postage prepaid, directed to
<br /> the addresses sha►n►n r�ear the begi�ning of this Deed af Trust. All �opEes vf notices vf foreclosure from the h�lder of
<br /> any Eien which has privrity ��er this D��d ❑f Trust sha�� be sent to Lender`s address, as shvwn near the beginn�ng af
<br /> this �eed of Trus#. Any party may cha�g� its address tvr notRces under this aeed of Trust by gi�ing formal written
<br /> notice tv the vther parties, spe�ifying that the purp�se �f th� notice is to �hange the par�y's address. For notice
<br /> purpvses, Trustor agrees to keep Lender informed at ail times o'f Trustor's current address. Unless otherwise pro�ided
<br /> ❑r required by �aw, if there is more tha� ane TrustQr, any nvtice gi�en by Lender to any T�ustvr is deemed to be natice
<br /> gi�en tv ai!Trustors.
<br /> IVIISCELLANE�US PR�V�S��NS. The following miscellaneous p�o�isions are a part o�this Deed�f Trust:
<br /> Amendments. This Deed o�F Trust, tagether with arty Relat�d Dacuments, c�nstitutes the entEre understanding and
<br /> agreement of the parties as t❑ the matters set fvr#h �r� thi� Deed af Trust. No af#eration ❑f ar am�ndment to this
<br /> Deed of Trust shaff be effe�ti�e unless gi�en in writing and signed by the party or parties svugh#to be charged ❑r
<br /> bound by the alteratian�r amendment.
<br /> Annual Reports. lf the Prop�rty �s used for purpases o�her than Trustvr's resid�n�e, Trustar shall furnish to
<br /> Lender, upon request, a certi#ied sta�ement ❑f net aperating incom� recei�ed from the Praperty during Trustar's
<br /> pre�ious tiscal year in such f�rm and detail as Lender shall requ�re. "Net opera�ing inGame" shall m�an a�i cash
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