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2� 17���43
<br /> DEED �F TRUST
<br /> {�nntinued� Page �
<br /> action or pursuant ta the power of sale or other powers cantained in this aeed of Trust, shall prejudice or �n any
<br /> manner affe�t T�ust�e's or Lender's right �Q rea�iz� upon or en�orce any other se�urity now or herea�ter held by
<br /> Trustee vr Lender, it beir�g agreed that Trustee and Lender, and each of them, shall be en�itled t��nforce this Deed
<br /> of Trust and any other cecuri�y now ar hereafter h��d by Lende� or Trustee in such order and rr�anner as they or
<br /> �ither ❑f them may in their absolute discretian determine. No remedy �onferred upvn vr reser�ed to Trustee vr
<br /> Lender, is intended to bE �xclusi�e vf any other remedy in �his Deed o�Trust or by [aw pro�ided or perrr�i��ed, bu�
<br /> each shall be cumulati�e and shall be in add�ti�n to every other �em�dy gi�en in �his Deed of Trust ar �aw or
<br /> hereafter existing at law or in equity or by statute. E�ery power vr remedy gi�en by�he Note ar any o�the Rela�ed
<br /> �o�uments tv Trusfiee �r Lender or to whi�h eithe� of them may �e o�herwise entitled, may be ex�rcised,
<br /> cancurr�ntiy or indepen�ently, #rom �ime �o �ime and as often as may be deemed expedient by Truste� �r Lender,
<br /> and either af them ma►� pursue incvnsistent remedies. No�hing in this Deed af Trust sha�i be �onstrued as
<br /> prohi�it�ng Lender�rvm �eeking a de�ic�ency judgmsnt agains�the Trus�or to the extent such actian is permi�ted hy
<br /> law. Election by Lender ta pursue any remedy shall �a� exclude pursuit of any othe� remedy, and an election to
<br /> make expendi�ures or to take a�tian to perform an vbliga�ivn vf Trustvr under this �e�d o� Trust, after Trustor's
<br /> faifure to perfarm, shal[ not af�ect Lender's righ��v declare a default and exercise its r�medies.
<br /> Reques�far IVotice. Trustor, ❑n behalf af Trus�or and Lender, hereby requests that a �apy af any No�i�e af Defau[t
<br /> and a capy af any Notice �f 5ale under this Deed of Trust be mailed to thsm at the addresses se�fvrth in the first
<br /> paragraph of this Deed o�Trust.
<br /> Attarneys' Fees: Expenses. I� Lender institutes any suit or action to enforce any o� the terms of this Deed o�
<br /> Trust, Lender shalf be �r�titled to reco�er such sum as the �ourt may adjudg� reasonable as attarneys' fees at tria�
<br /> and upon any appeal. l'Vhether or nvt any court actian is in�ol�ed, and to the extent not prvhibited by #aw, a!f
<br /> reasonable expenses Lender in�urs �hat in Lender'� opinion are necessary at any time for the pro�ec�ivn of its
<br /> interest or the enforcement o�its r�gh�s sha11 become a par�of the Indebtedness payabl� on demand and shall bear
<br /> interest at th� Note rate �rarr�the date o#the expendi�ure un�il repaid. Expenses co�e�ed by this paragraph inc�ude,
<br /> without limita�ion, howe°,�er subje�t tv any fimits under applicable law, Lender's att�rn�ys' fees and Lender's legal
<br /> expenses, whe�her or n�t ther� is a �awsu�t, including a��vrneys' fees and expenses for hank�up��y proceedings
<br /> �incfuding effvr�s�o mod�y or�a�ate any automatic s�ay or injunc�iony, appeals, and any anticipated pos�-judgment
<br /> c����ction ser�ices, the c.ost o�s�arching records, ob�aining title repvrts �including foreclasure reports�, sur�eyors'
<br /> reparts, and appraisal #Ees, t�tle insurance, and fees for the Trus�ee, to the �xtent permitted by applica�le iaw.
<br /> Trustvr also wi�i pay any Cvurt cvsts, in additivn t❑ all❑ther sums pro�ided by law.
<br /> Rights o#Trustee. Trustee shall ha�e all of the rights and dut�es v�Lend�r as set for�h in this se�tion.
<br /> P�1NER5 AND DBLIGAT��NS QF TRUSTEE. The f�lfvwing prQ�isions relating to the p�wers and obfigations of Trustee
<br /> a�e part❑f this �]eed o�Trust:
<br /> Powers vf Trustee. In additi�n tv all po►nrers vf Trustee arising as a matt�r v�law, T�ustee shall ha�e the pa►nre�to
<br /> take the fivllowing actior�s with respect tv�he Praperty upon the written request of Lender and Trustor: �a� join in
<br /> preparing and filing a m�p or plat of the Real Proper�y, including the dedicati�n o# streets or o�her rights to the
<br /> pub�Ec; �b� join in granting any �asement or crea�ing any res�ric�ion an the Real P�operty; and �c� join in any
<br /> subvrdination ar other a�re�ment affecting this Deed of Trus�or�he in�erest of Lender under this Deed af Trust.
<br /> Trustee. Trustee shall r�eet aff quaii�ica�ions required �or Trus�ee under appli�able law. In additian fiv the rights
<br /> and remedies set farth �bo�e, with respect to all or any part vf the Pr�perty, �he Trustee shaf[ ha�e th� right ta
<br /> foreclose by notice and �ale, and L�nder shall ha�e the r�ght to fore�lose by judicial for�closure, in either case in
<br /> ac�vrdanc� with and�o�he full extent pra�ided �y applicahie �a►nr.
<br /> Su�cessor Trustee. Lender, a� Lender's option, may fr4m�im�to t�me appoint a successor Trustee�o any Trustee
<br /> appoin�ed under this Deed of Trust by an instrument executed and acknawledged f�y Lender and recorded in fihe
<br /> o�#ice vf the recvrder o� Hall County, State ❑f Nehraska. The instrument shall �ontain, in addition to all other
<br /> matters requir�d by state 1aw, the narr�es of the original Lender, Trustee, and Trustvr, �he book and page �or
<br /> computer sys�em re�erence� where this ❑eed of Trust is re�vrded, and �he name and addres� of the successor
<br /> trustee, and the instrum�nt shall be executed and acknowledged by all the ben�f€�€a��es under this Deed of Trust ar
<br /> their successors in interest. The successor trustee, without �on�eyance of the Property, sha�! succeed to aff th�
<br /> title, power, and du�ies conferred upon th�Trustee in this Deed ofi Trus�and by applicab[e law. Th�s proc�dure for
<br /> substi#utiQn o�Trustee shall go�ern to the exciusion v#all other pro�isions for substitution.
<br /> NnTICES. Any notice required �o be gi�en under this Deed o�T�ust, including without limita�ion any natic� o�defaul�
<br /> and any notic� of sale shall �e gi�en in writing, and shafl be e��ecti�e when actua��y deli�ered, when actuaily recei�ed
<br /> by t���facsimile �unless�th��►rv�se required by law), when deposited with a nativnally recogni�ed o�ernight courie�, ar, if
<br /> maEled, vvh�n deposited in th� United 5tates mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the f�eginning a�r this Deed af Trus�. All �opies af notices of foreclosur� ��am �he holder of
<br /> any lien which has priority o�er this Deed o�Trusfi sha�l be sent to Lender's address, as shown near #he beginning af
<br /> �his Deed of Trust. Any par-y may change its address for notices under this Deed of Trus� by gi�ing formal writ�en
<br /> nvtic� to the othe� parties, specifying that �he purp�s� of th� notice is to change the par�y's address. Fo� no�ice
<br /> purposes, Trustor agr��s to k�ep Lender informed at afl times of Trustor"s curr�nt address. Unless otherwise pro�ided
<br /> or ���u�red by law, if ther� is more than one Trustor, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> gi�en�a a��Trustors.
<br /> M15�ELLANE�US PROVISI�I�S. The�o�lowing miscellaneous pro�isions are a part of this D�ed o�Trust:
<br /> Amendments. This Dee� of Trust, t�gether w�th any Related ❑�cumen�s, cons�i�utes the ent�re understanding and
<br /> agreement a�the p�rfiies as �o �he matters set forth in this De�d v�r Trust. Nv altera�ian of or amendment to this
<br /> Deed of Trust shal! be effec�i�e unless gi�en in writing and signed by �he party or par�ies sought t� he charged ar
<br /> bound �y the alterat�on or amendment.
<br /> Annual Reports. �f the Praperty is used for purposes other than Trustor's r�sidence, Trustor shall furnish to
<br /> L�nder, upvn request, a certi�ied statemen� of net �perating in�vme recei�ed �rom the Property during Tr�sto�'s
<br /> pre�ious fiscal year in such farm and d�tail as Lender shall require. "Net ❑perating incom�" shall mean all cash
<br /> rec��pts �rom�he Prvpert�� less ail cash expenditures made in cvnne�tion with#he aperation o�the Proper�y.
<br /> Captivn Headings. Capt on headings in this Deed ofi Trust are �or con�enience purposes only and are not to be
<br /> used t� interprefi or define the pro�isions o�this Deed o�Trust.
<br /> Merger. There shal� b� r�o merger of the interest o�estate �reated by this ❑eed af Trust with any ❑ther interest or
<br /> estate in the Pr�perty a�any time held �y vr�or the bene�it v� Lende�in any capa�i�y, wi�hout the written consen�
<br /> of Lender.
<br /> Gv►rerning Law. This Deed o� Trust w��� be gv�erned by #ederal law applicable tv Lender and, to the exten� not
<br /> preempted hy�ederal�av�,the laws of th�Stat�of Nebraska wi#hout r�gard to its can��icts o#la►►v pro�isions. This
<br /> Deed v�Trust has heen accepted by Lender in the Stat�af Nebraska.
<br /> �hoice vf Venue. If the-e is a lawsuit, Trustor ag�ees upon Lender's request tfl submit ta th� jurisdiction af �he
<br /> caur�s of Haff County, 5ta�e ❑f Nebraska.
<br /> Join� and 5e�era� Liahility. All obligations of Trustor under this �eed of Trust shall be join� and se��ra�, and all
<br /> referen�es to Trustor s�all mean each and e�ery Trusto�. This means that each Trustor signing below is
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