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2� 17��77�
<br /> � .
<br /> DEED �F TRUST
<br /> ��ontinued� Page 6
<br /> �bj As may be permitted by law, a�ter dsducting all Gasts, fees and ex�enses o# Trustee and of this
<br /> Trust, in�luding costs❑�e�idence�f title in connect�vn with sal�, Truste�shall apply the prviceeds vf sale
<br /> to payment of �i) all sums expended under the terms of this Deed of Trust vr under the terms of the Nvte
<br /> not then repaid, �nc�uding bu# not limited to accrued interest and late charges� �ii� all �ther sums then
<br /> se�ured hereby,and �iii� the remainder, if any, to the persan or persons legally entit#ed thereto.
<br /> 4c� Trustee may+n the manner pro�idsd by law postpon�sale o�al!vr any port+an o#the Property.
<br /> Remedies Not Ex�lusir►e. Trustee and Lender, and each ot them, shall he enti�led to enfvrce payment and
<br /> perforrnance vf any indebtedness❑r obligations se�ured hy this Deed of Trust and to exercise all rights and powers
<br /> ur�der this Deed vf Trust, under the Note, under any ❑f the Related ❑ocuments, ar under any other agreem�nt ar
<br /> any laws now vr hereafter in for�e; n�twithstanding, some or all af such �ndebtedness and obligations secured by
<br /> this �eed of T�-ust rnay now or hereafter be vtherwise secured, whether by rnortgage, deed of trust, pledge, lien,
<br /> assignment ❑r atherwise. Neither the acceptance of this �eed of Trust n�r its enfvrcement, whether by caurt
<br /> a�tion or pursuant tv the power vf sale ��other powers cvntained in this Deed of Trust, sha�t prejudice ar in any
<br /> manner affe�t Trustee's or Lender's right to realize upon o�enforce any v�her security now or hereafter held by
<br /> Trustee�r Lender,it being agreed that Trustee and Lender, and each of them,shall be entitled to enfiorce this Deed
<br /> vf Tr�st and any other security now or hereafter held by Lender vr Trustee in su�h order and manner as th�y or
<br /> either of them may in their absolute discretion dete�mine. No remedy conferred upon ar reser�ed to Truste� ar
<br /> Lender, is +ntended to be exclusi�e of any vther remedy in this Deed of Trust�r by law pra�id�d or permitted, hut
<br /> each shall be cumulatiWe and shall be in additian ta every other remedy gi�en in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. E�ery power or remedy gi�en by the Note or any of the Related
<br /> Documents tv Trustee or Lender vr to which eith�r a� them may he otherw+se enti�led, may be exercised,
<br /> �oncurrently or independently, fram time tv time and as aiten as may be deemed expedient by Trustee or Lender,
<br /> and either o� them may pursue �nconsistent remedies. Nvthing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. Efectivn by Lender to pursue any remedy shall nat excfude pursuit of any ❑ther rernedy, and an elect+vn to
<br /> make expenditures or to take a�tion tv perform an obligation of Trust�r under this [Jeed ofi Trust, after Trustvr's
<br /> �ailure to perfvrm,shall not affect Lender's right ta declare a default and exercise its r�rn�dies.
<br /> Request fnr Notice. Trustor, on hehal�of Trustor and Lender, hereby requests�hat a cQpy of any Notice of Default
<br /> and a copy of any Nvtice of 5ale under this Deed vf Trust be mail�d to them at the addresses set fa�th in the first
<br /> paragraph of this Deed vf Trust.
<br /> AttornBys' Fees: Expenses. Ifi Lender institutes any suit or act�on to enfvrce any of the terms vf this Deed of
<br /> Trust, Lender shali be entitled ta recv�er such sum as the caurt may adjudge reasanabfe as attorneys' fees at trial
<br /> and upan any appeal. Whether ❑r nat any cour�# action is in�v�►►ed, and to the �xtent nvt prohibited hy law, afl
<br /> r�asvnable expenses Lender incurs that in �ender's ❑piRion are necessary at any time �ar the prvtec#ivn vf its
<br /> interest or the enforcement of its rights shall becvme a part of the Indebtedness payable on demand and shall bear
<br /> interest at th�Nate rate from the da�e❑f the expendi�ure until repaid. Expenses cv�ered by this paragraph in�lude�
<br /> without limitation, hvwe�er subject tv any limi�s under app�icab�e law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, includ�ng attorneys' fees and expenses fo� bankruptcy proceedings
<br /> {including efforts tv modify or�acate any automatic stay or injunct�onf, appeals, and any anticipated post-sudgment
<br /> collection ser►►ices, the cost vf searching recvrds, obtaining �itle reparts �including foreclosure repvrts�, sur�eyors'
<br /> �eparts, and appraisal fees, titie insurance, and �ees for the �rust�e, to the ex�ent �ermitted by appli�able law.
<br /> Trustvr also wiil pay any court costs� in addition to all vther sums pro�ided by iaw,
<br /> Rights o�Trustee. Trustee shall have all af the rights and duties Q�Lender as set forth in this sectian.
<br /> POWEF�S AND �BLIGATI�NS �F TRUSTEE. The following pra�isians relating to the pvwers and vbligatians vf Trust�e
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee, In addition to al! pvwers vf Trustee arising as a matter vf iaw, Trustee shall ha�e the power ta
<br /> tak� the fallvwing actions with respeGt to the Property upon the written request afi Lender and Trus#ar: �a�join in
<br /> preparing and filing a map ar plat of the Rea� Prvperty, including the dedi�ation of streets ❑r oth�r r�ghts to the
<br /> public; {by jain in granting any easement or creating any restr�ction vn the F�eal Property; and �c� jvin in any
<br /> subordinativn or vther agreemen�affecting this Deed of Trust or�h�interest of Lender under this Deed vf Trust.
<br /> Trustee. Trustee shall meet ali quali�icatians required for Trustee under applicahle law. ln additivn t❑ the rights
<br /> and remedies set forth aho�e, with r�spe�t to a!I o� any part vf the Property, the T�ustee shall ha�e the right to
<br /> forec[ase by notice and sa�e, and Lender shall ha�e the right to foreclase by judicial forecf�sure, in either case in
<br /> accardanc�with and to the full extent pro�ided by applicahle law.
<br /> Su�Gessvr Trustee. Lender,at Lender's nption, may from time t❑time appvini a suc�essvr Trustee tv any Trustee
<br /> appointed under this Deed of Trust hy an instrument executed and acknowledged by Lender and recorded in the
<br /> office af the recorder of Hall �ounty. 5tate at Nebraska, Th� inst�ument shail �antain, �n additivn ta a�l ❑ther
<br /> matters required by state law, the names of the original L�nder, Trustee, and Trustor, the bvok and page �or
<br /> computer systern ref�rencej where this D�ed of Trust is recvrded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknawledged by a�l the benefi�iaries under this Deed o#Trust or
<br /> thei� successvrs in interest. The successor trustee, without con�eyance of the Property, shall succeed to ail the
<br /> title, power, and duties conferred upan th�Trustee En this Deed af Trust and by applicable �aw. This procedure#ar
<br /> substitution of T�uste�shall go�ern to the exclus+an of all vther pro��sions far substitution.
<br /> N�TICES. Any notice required to be gi�en under �his ❑eed a#Trust, including withaut limitation any natice of default
<br /> and any nptice ❑f sale shall be gi�en in writing, and shall be effecti�e when actua�iy deli�ered� when actually recei�ed
<br /> by telefiacsimile �unfess otherwise required by lawy,when depasited with a nationally recagnized a�ernight courier,or, if
<br /> maiied, when deposited in the lJnited States mail, as first class, ce�ti#ied or register�d mail postage prepaid, directed to
<br /> the addressss shawn near t�e beginning ot t�is Qeed of Trust. All copies af notices of foreclvsure from #he holder of
<br /> any I+en which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change �ts address #vr noti�es under this Deed of Trus� hy gi�ing f�rmal written
<br /> notice #o the nther parties, specifying that �he purpose �f the notiee is to change the party's address. Fvr n�#i�e
<br /> purpvses, Trustar agrees ta keep Lender infarmed at all times❑f Trustor's current address. Unless o#herwise pro►►ided
<br /> or required by law, if there is more than one Trust�r, any nvtice gi�en by Lender tv any Trustor is deemed ta be natice
<br /> gi�en to all Trustors.
<br /> MiSCELLANE�US PRQVISIDNS. Th�foll�wing miscellanevus provis�ons are a part of�his❑eed vf Trust:
<br /> Amendments. This Deed vf Trust,together with any Related ❑ocuments, constitutes the entire understanding and
<br /> agreement ❑f th� parties as to the matters set forth �n this ❑eed af Trust, No alteration vf or amendment t�this
<br /> Deed of Trust shall �e effecti�e unless gi�en in writing and signed by the party or parties sought to be charged or
<br /> baund by the alteration or amendment.
<br /> Annual Reports. If the Property is used �ar purposes vther than Trustor's residence, Trustor shall furnish tv
<br /> Lender, upvn request, a �ertified statement of net aperating income reGei�ed frQm the Praperty during Trustar's
<br /> pre�ious fiscal year +n such form and detail as Lender shal� require. "Net aperating in�vme" shail mean all �ash
<br /> receip#s frvm the Praperty less all cash sxpenditures made in cannection with the op�ratian of the Property.
<br /> Cap#�vn Headings, Captian headings in this Deed of Trust are fvr can��ni�nc� purpos�s vnly and are not #❑ be
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