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2� 17��897
<br /> aEEa oF T�usT
<br /> ��ontinu�d� Page s
<br /> secured hereby, and (iiij the remainder, if any, #o the persan or pe�sons legally entitied thereto.
<br /> �c� Trustee may in the manner pra�ided by faw postpane s�le of atl or any portion of the Praperty.
<br /> Remedies Nat Exclusi�e. Trustee and L�nder, and each af them, sha�l b� entitled to enforce payment and
<br /> p�rfarmance af any indebtednsss o�ohligations secured by this Deed of Trust and tv exercise all rights and powers
<br /> under this Deed af Trust, under the Nate, under any of the Related Documents, or under any o#he� agreement or
<br /> any laws now or hereafter in fvrce; natwithstanding, same or all ❑f such indebtedness and obligations se�ured by
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by m�rtgage, deed af trust, pledgs, lien,
<br /> assignment vr otherwise. Neither the accept�nce of #his Deed of T�ust nor its en#o�cement, whether by cvurt
<br /> action or pursuant to the power of sale or other powers contained in this Deed of Trust, sha�1 pre�udice or in any
<br /> manner af#e�t Trustee's vr Lender's right to realize upon ar enforce any other security now ar hereafter held by
<br /> Trustee or Lender, it heing agreed that Trustee and Lender, and each vf them, shall be entitlet�to enforce this Deed
<br /> of Trust and any vther securi#y now or hereafter held hy Lender ❑r Trustee in such order and manner as they or
<br /> either vf them may in their abso�ute discretion determine. Nv remedy conferred upon or reser�ed tv Trustee or
<br /> Lender, is intended to he exclusi�e of any other remedy in this Deed af Trust or by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shal� �e in addition to e�ery other remedy g'r�en in this Deed o� Trus# or now or
<br /> hereafter existing at law or in equity❑r by s#atute. E�sry power or remedy gi�en by the Nvte or�ny of#h�Reiated
<br /> Documents t❑ T�ustee or Lender vr ta which either ❑f them may be otherwise entitled, may be exercised,
<br /> cancurrentfy ar independently, #rom time to time and as often as may be deemed �xpedient hy Trustee ❑r Lend�r,
<br /> and eith�r of them may pu�sue incansistent remedies. Nv#hing in this Desd af Trus# shali b� �onstrued as
<br /> p�ohihiting Lender from seek�ng a defic�ency�udgment against the Trustor to the extent such action is perm�tted by
<br /> law. Electivn by Lender t� pursue any remedy shall not exclude pursuit of any vther remedy, and an ele�tian to
<br /> mak� expenditures or ta take a�tivn to perform an obligation of Trustor under this Deed of Trust, aft�r Trustor's
<br /> �aiiure to per#orm,shalf not af#ect Lender`s right#o declare a default and�xsrctse its remedies.
<br /> Request fvr Notice. Trustar,on behalf of Trustar�nd L�nder, hereby r�quests that a copy vf any Notice of I]efault
<br /> and a copy of any Not+ce of 5ale under this Deed of Trust he mailed to them at th� addresses set forth in the first
<br /> paragraph of this Deed o#Trust.
<br /> Attvrneys' Fees; Expenses. If L�nder institutes any suit or action to �nforce any of the t�rms of this Deed �f
<br /> Trust, Lende�shall be�ntitled to reca�er such sum as the court may adjudge reasonak�le as attorneys' fees at trial
<br /> and upon any appeal. Whe#her v� nat any �ourt action is in►►ol�ed, and to the extent not prohibitgd by law, a11
<br /> reasonable expenses Lender incurs that in Lender's opinion ere ne�essary at any time for the prvtectian of its
<br /> in�erest or the enforcement�f its rights shall become a p�rt of the Indebtedness paysble on demand and shall bear
<br /> � interest at the Note rate from the date❑f the expenditure until repaid. Expenses co�ered by this parag�aph include,
<br /> without limita�ion� howe�er suhject to any iimits under applicabie law, Lender's attorn�ys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> �in�luding efforts tv modify or�acate any automatic stay or injunctionf, appeals. and any anticipated post-judgment
<br /> collecti�n s�r�i�es, the cast of sear�h�ng recnrds, obtaining t+tle reports �including foreclosure rep�rtsy, sur�eyors'
<br /> rep�rts, and appraisa� fees, t�tle insuran�e, and fees for the Trustee, to the extent permitted by applicahle law.
<br /> Trus#Qr also will pay any cvurt costs. in additivn to�!I other sums prv�ided by law.
<br /> Rights vf Trustee. Trustee shall ha�e ail of the rights and du#ies of Lender as set forth in this section.
<br /> P�WERS AND�BLIGATI�NS �F TRUSTEE. The following pro�isions relating to the powers�nd obligations of Trustee
<br /> are part vf this�esd of Trust:
<br /> Powsrs vf Trustee. In�dditian to ali powers af Trustee arising as a matter af law. Trustee shall ha�e the power to
<br /> take the fvllvwing activns with respect t❑the Property upon the written requ�st of Lender and Trustor: taI join in
<br /> preparing and filing a map vr plat vf the Real Property, in�luding the dedicatian of streets or other rights to the
<br /> public; �bl jv�n in granting any easement or �reating any restriction vn the Real Property; and �c� join in any
<br /> subvrdinatian or ather agreement a�fecting this Deed of Trust or the Enterest of Lender under this De�d❑f T�ust.
<br /> Trustse. Trustee shai! meet all qualifications required for Trustee under applicable �aw. In addition tv the rights
<br /> and remedies set forth aba�e, with respeGt to a!I or any part of the Property, the Trustee shall ha�e the right tv
<br /> foreclose by n�tice and sal�, and Lender shall he�e th� right to foreclose by judi�ial fvreclosure, in either case in
<br /> a�cordance with and to th�full extent pra�id�d by applicable law.
<br /> Successor Trustee. L�nder. at Lend�r's vption� may from time to time appoint a successor Trustee to any Trustee
<br /> appvinted under this ❑eed of Trust by an ins�rumen# executed and acknowiedged by Lender and recorded in the
<br /> ❑ffice of the recvrder nf Ha�l County, State of Nebraska. The instrument shal! contain, in addition to all other
<br /> matters required by state 1�w, the names ❑f the original Lender, Trustee, and Trustor, the book and page �or
<br /> computer system reieren�ey where this Deed af Trust is rscorded, and the name and address ❑f ths su�cessor
<br /> trustee, and the instrument shail be executed end a�knowledged by ali the bene�ic�aries under this Deed of Trus#or
<br /> their successo�s in interest. Th� sucGessor trustee, withvut can�eyance of the Property, shall succead to ali the
<br /> title, pawer, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure far
<br /> suhstitution of Trustee shall go�ern to the�x�lusion vf all other pro�isions for substitutivn.
<br /> N�TICES, Any not+ce requ+red t❑ be gi�en und�r this Deed of Trust, in�luding without limitation any natice of default
<br /> and any notice �f sale shall be gi�en in writing, and shall �e �ffecti�e when actual�y deli�ered, when actually recei�ed
<br /> by telefacsimile �un�ess vtherwise required hy lawy, when depasited with a nationally recvgnized o�ernight courier, or, if
<br /> mai�ed, when deposited in the United 5tates mail. as first class, certified or registered mail postage prepeid. dire�ted to
<br /> the addresses shawn near the beginning vf this Deed of Trust. A11 cvpies vf notices of foreclosure �rom the holder of
<br /> any li�n which has priority o�er this Deed a�Trust sha�1 be sent t� Lender's address, as shawn near the beginning of
<br /> this Deed of Trust. Any party may �hange its address far nati�es under this Degd af Trust by g���ng #ormal wri�ten
<br /> notice tv the other partiss, specifying that the purpvse of the notice is to change the party's address. For noti�e
<br /> purposes, Trustor agrees tv kee�Lender informed at a�l times of Trustor's�urrent address. Unless otherwise pro�ided
<br /> ❑r required hy law, if thQ�e is more than one Trustor, any notice gi�en hy Lender to any Trustor is deemed ta be noti�e
<br /> g��en ta all Trustors.
<br /> IIAISCELLANEaUS PR�V15��NS. The fvllvwing miscellaneous pro�isi�ns are a part vf this Deed o�Trust:
<br /> Amendmen#s. This Deed of Trust, together with any Related Documents, constitutes the en�ire understanding and
<br /> agreement of the parties as t❑ the matters set farth in this Deed of Trust. No alteration vf or amendment tv this
<br /> De�d vf Trust shall he gffecti�e un�ess gi�en �n wr�ting and signed hy the party or parties sought to be charged or
<br /> bound by the aitera#ion or amendment.
<br /> Annual Reports. If the Property is used for purposes �ther than Trustor's rss�dence. Trustor shall furnish to
<br /> Lender� upon request. a certified st�tement of net operating incvme re�ei�ed from the Property during Trustar's
<br /> pre�ious fiscal year in such �orm and detail as Lender shall require. "Net ❑perating 'rncome" sha�l mean all cash
<br /> receipts from the Prvperty less all�ash expenditures m�de in connectivn with the opgration af the Property.
<br /> Caption Headings. Caption headings in this ❑ged of Trust are f�r cvn�enience pu�pases onty and are not tv be
<br /> used tv interpret ar define the pra�+sions flf this Deed of Trust.
<br /> Merger. There shall be no merger❑f the inter�st or estate created by this Deed o#Trust with any other inte�est or
<br /> estate in the Praperty at any time held by or for the benefEt�f Lend�r in�ny cap�city, withaut the written consent
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