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2� 17���9�
<br /> DEED �F TRUST
<br /> ��ontinuedj Pag� �
<br /> under this Deed o�Trust, under the Nvte, under any of the Refated Dv�uments, o� under any other agreement or
<br /> . any faws now or hereafter in force; notwithstanding, sQme or all of such indehtedness and obligations secured by
<br /> this Deed of Trust m�y now or her�after he otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> � assignment ar otherwise. N�ither the acceptance of this Deed of Trust nor its enfo��ement, whether by court
<br /> action vr pursuant to the power ot sale or other powers contained in this Deed of Trust� shell prejudice ar in any
<br /> manner affect Trustee's or Lender's right to realize upan ar enfvrce any othe� security now vr hereafter heid by
<br /> Trustee or L�nder, it being agr�ed that Trustee and Lender, and each�f them.shal!be entitled to enforce th�s ❑eed
<br /> of Trust and any other sscurity now or hgreafter held �y Lender or Trustee in such order and manner as they ar
<br /> �ither of th�m may in the�r ahsoiute discretion determine. Na remedy conferred upon ar reser�ed to Trustee or
<br /> Lender� is intended ta be exclusi�e of any vther remedy in this Deed of Trust ar by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shall be in addition ta e�ery vther remedy gi�en in th�s Deed ❑f Trust or now ❑r
<br /> hereafter existing at iaw or in equity❑r k�y st�tute. E�ery power vr remedy gi��n by the Note or any of the Related
<br /> Documents to Trus#ee or Lender ar t❑ which ei�her of them may be otherwise entitled, may be exercised,
<br /> concurr�n�ly or independently, from time�o t�me and as often as may be deemed expedient by Trustee or Lender,
<br /> a�d eEth�r of them may pursue inconsistent r�medies. Noth�ng in this Deed af Trust shall be c�ns#rued as
<br /> prohibiting Lender from seeking a deficiency judgmen#against the Trustvr to the extsnt such a�tion is permitted hy
<br /> law. Election by Lender to pursue any r�medy shall n�t exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to #ake actian to per#vrm an abligetion of Trustor under this Deed vf Trust, after Trustor's
<br /> f�iiure tv perform, shall nvt affect Lender's right to declare a default and exercise�ts remedies.
<br /> Request for No#ice. Trustor. on behalf of Trustor and Lender, heret�y requests that a cvpy of any Nvtice of❑efault
<br /> and a copy vf any Nvtice of Sal� under this Deed of Trust be mailed tv them at the addresses set forth in the f�rst
<br /> paragraph o#this Deed of T�ust.
<br /> Attvrneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed af
<br /> Trust. Lender shall be entitlsd to r�co�er such sum as the�ourt may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Wheth�r ❑r nvt any court action is in�ol►►ed, and to th� extent not prohibi#ed by law, all
<br /> reasonable �xpenses Lender incurs that in Lender's opinion are necessary at any time for #he protectivn af its
<br /> interest�r the enf�rcement o#its rights shall became a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure untif repaid. Expenses co�ered by this paragraph include,
<br /> without I�mitation, howe�er subject to any limits under applicable law, Lender's attorngys' #ees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fess and expenses for bankruptcy proceedings
<br /> �in�luding efforts to modify or�a�ate any automa#ic stay ar in�un�tionj, appeals, and any anticipated past-judgment
<br /> collection ser►►ices. the cost of searching recvrds, obtaining title repocts �inciuding fore�lasure reparts�, sur�eyors'
<br /> reports, and appr�isal fe�s. tit�e insuran�e, and fees fvr the Trustee, to the extent permitted hy appli�able law.
<br /> Trustar aiso wili pay eny cvur�costs, in addition to�II other sums pro�ided by law.
<br /> Rights o�T�us#ea. Trustee shal�ha�e all of th�rights and duties of Lender as set farth in this section.
<br /> PflWERS AND OBLIGATIDNS OF TRUSTEE. The fvllawing p�a�is�ons rela#ing#v th� powers and ab�igations�f Trustee
<br /> are part vf this Deed af Trust:
<br /> Pvwers vf Trus#�s, fn additian tv all powers of Trustee arising as a matter of law, Trustee shall ha�e the pvwer to
<br /> take the foilowing �ctivns with respect tv the P�operty upon#he written request o# Lender end Trustar: 4a�join in
<br /> preparing and filing a map or pla# of the Real Property, including the dedication of streets or other rights to the
<br /> public; �b� jain in granting any easement vr creating any restriction on the Reai Property; and tc� join in any
<br /> suhvrdination vr other agreement affecting this aeed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustae. Trustse shal! meet a�l qualifications required for Trustee under applicable law. In additivn tv th� rights
<br /> and remedies s�t f�rth abo►►e, with respect ta a1� or any part vf the Praper#y, the Trustee shall ha�e the right tv
<br /> fare�los� by notice and sale. and Lender sha�� ha�e the right to #oreclase by judicial foreclosure, in either case in
<br /> accvrdance with and tv the full extent pro�ided hy applicable law.
<br /> 5uccessor Trustaa. Lender, at Lender's optivn, may fram time to time appvint a success�r Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrum�nt executed a�nd acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall County, State o� Nebraska. The instrument shafl �ontain, in addition ta alf other
<br /> matters required by state law, the names of the original Lender, Trustee. and Trustar, the hook and page tor
<br /> �amputer system referencey wher� this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without c�n�eyance o#the Prope�ty, shall su�ceed #o a!I the
<br /> tit�e� pawer, and duties con#erred upon the Trustee in this Deed of Trust and by applicahle�aw. This procedure f�r
<br /> subs#itutian of Trustee shall gv�ern tv the exciusion of all other pro�isions for substi#utivn.
<br /> N�TICES. Any notice �equired t❑ be gi�en under this Desd ❑f Trust, including without limitation any nvtic� of default
<br /> and any notice of sale shall be gi�en in writing, and sha�l be ef#ecti�e when actually deli�ered, when actually recei�ed
<br /> by telefacsimi�e �unless otherwise requir��l by lawy,when deposited with a nationafiy recognized o�e�night courier,or, i#
<br /> mailed, when deposited in th� United 5tates mail, as first class, certified or registered maii pvstage prepaid, directed to
<br /> the addressss shown near the beginning ❑f this Deed o#Trust. All c�pies of notices o#foreclasure from the holder of
<br /> any lien which has priarity o�er this Deed ❑f Trust sha�� be sent to Lend�r's address, as shown near the beginning of
<br /> this Deed ❑f Trust. Any party may change its address for noti�es under this �eed ot Trust by gi�ing formal written
<br /> no�ice to the other parties, spscifying that the purpose of the nvtice is to change the party's address. F�r noti�e
<br /> purposes, Trustor�grees to keep Lender informed at a!I times of Trustar's current address. Llnless otherwise prv�ided
<br /> or required by law, if there is more than one Trustor, any n�tice gi��n�y Lender#v any Trustor�s deemQd t� be notice
<br /> gi�en ta all Trustors.
<br /> MIS�ELLANEDUS PR�V151�NS. The foilowing misc�llaneous pro�isi�ns are a part of this ❑esd of Trust:
<br /> Amendments. This Deed of Trust, togeth�r with any Rela#ed Docum�nts, cvnstitutes the entir� understanding and
<br /> agreem�nt o#th� parties as to the matters set fiarth �n #his De�d of Trust. Nv alt�ration of or amendment to this
<br /> Deed of Trust shall he effecti�� unless gi�en in writing and signed hy the party or parties svught to be charged or
<br /> bound hy the alteration or amendment.
<br /> Annu�i Reparts. I# the Pr�perty is used for purp�ses vther than Trustor's residence, Trustor shall fucnish t❑
<br /> Lender. up�n request, a certified statement o� net aperating �ncvme recei�ed frarn the Property during Trustor's
<br /> pre�ivus fiscal year in such farm and deta�� as Lender shell require. "Net operating incame" shall mean all cash
<br /> receipts frvm the Property less a�!cash expenditures mad�in connection with the operation of the Property.
<br /> Cap#ian Headings. Caption headings in this Deed af Trust are for con�enience purposes on�y and are no� to be
<br /> used ta interpret or define the pro�isions of this Deed o#Trus#.
<br /> Merger. There shall be nv merger o�the interest or esta#e crea�ed by this Deed of Trust with any oth�r interest ar
<br /> estate in the Prop�rty at any time held by ar far the henafit of L�nder in any capaci#y, without the written c�nsen#
<br /> of Lender.
<br /> Ga�erning L�w. This Deed af Trust will bg go�arnad hy federal law applicable to Landar and, to the extent not
<br /> preempted by fadaral law,the laws of the Stats of Nebraska without reg�rd to its conflicts of 18w pro�i�ivns. This
<br /> Deed vf Trust hes been acceptad hy Lender in the Stats�f Nebreska.
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