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2� 17� 1 � 17
<br /> DEED �F TRLJST
<br /> �Continued} Page 6
<br /> assignment or v�hervuise. Ne�ther the accep#ance af this ❑eed of Trust nar its enforcement, whether by court
<br /> action ar pursuant #o the power nf sale or v#her powers �ontained in this Deed af Trust, shai! prejudice vr in any
<br /> manner affe�t Trustee's or Lender's right to r�aliz� upon or enfarce any ather se�urity now ar hereafter held by
<br /> Trustee or Lender, it being agreed that Trust��and Lender, and each of them, shall he entRtled tv enforce this ❑eed
<br /> vf Trust and any other security nvw ❑r hereafter held hy Lender or Trustee in such order and manner as they vr
<br /> either of them may in their absalute discretion �ete�mine. No remedy canferred upon or reser�ed to Trustee or
<br /> Lender, is intended to be ex�lusi�e nf any vther remedy in this Deed of Trust or by law pro►►ided o�r permitted, but
<br /> each shall be cumulati�e and shall be in add�tion to e►►ery other remedy gi�en in this Deed of Trust or nvw or
<br /> hereafter existing at law or in equity ar by statute. E�ery power or�emedy gi�en by#he N�te or any of the Related
<br /> Dacuments t❑ T�ustee or Lender ❑r tv which either of them may bs atherwise entitled, may be exercised,
<br /> cvncurrently vr independently, from time to time and as v�ten as may he deemed expedient hy Trustee ar Lender,
<br /> and either of them may pursue incvnsistent remedies. Nothing in this Deed af Trust shail be cons#rued as
<br /> prohibiting L�nder frvm se�king a de#i�ienGy judgment against th�Trustar#o the�xtent such act+an�s permitted by
<br /> law. Election by Lender t❑ pursue any remedy shall not exclude pursuit of any ather �emedy, and an election �v
<br /> make expenditures ❑r to take action tv perform an obligation of Trustor under this Deed vf Trust, after Trustor's
<br /> failure to per#orm� shall nat affe�t Lender's rEght t�de�iare a default and exer�ise i#s remedies.
<br /> Request fvr Not��e. Trustvr� on behalf of Trustor and Lender� hereby requests that a copy of any NQti�e❑f Default
<br /> and a copy of any Nvtice of Sale under this Deed of Trust be maiied to them at the addresses set fvrth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attornays' F�es; Expensgs. If Lend�r insti�utes any suit or actian to enfor�e any of the terms of this Deed of
<br /> Trust. Lend�r shall be en�itled to recv�er such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Vllhether vr not any court acti�n �s in�ol�ed, and tv the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinian are neCessary at any time for the prvtection o� �ts
<br /> interest or the enforcemen#a#its rights shall becvme a part of the Indebtedness payabie on demand and shail bear
<br /> interest at the N�te rat�fram the date of the expenditure until repaid. Expenses�o���red by this paragraph include,
<br /> without limitation, howe�er suhject tv any limits under applicable law� Lender's at#orneys' fees and Lender`s legal
<br /> expenses, whether or not there is a lawsuit, inciuding attorn�ys' �ees and expenses for bankruptcy proceedings
<br /> �including e#for�s to madify or�acate any automatic stay or in�unctiony, appeals, and any anticipated past-judgment
<br /> � coliectinn ser�ices, the cast of searching r�cords, ohtaining title reparts �including foreclosure reportsf, sur�eyors'
<br /> reports, and appraisal fees, ti#le insurance, and �ees �or the Trustee, to the extent p�rmitted hy applicable law.
<br /> Trustor alsv will pay any court cvsts, in addi�ion to all other sums pro�ided by law.
<br /> Rights vf T�ustee. Trustee sha��ha�e a�l of the rights and duties of Lender as set fvrth in this section.
<br /> PQVNERS AND❑BLIGATI�NS �F TRUSTEE. The foflowing pra�isions relating t❑the pawers and❑hligatfons vf Trustee
<br /> are part vf this Deed of Trust:
<br /> Powers of Tru�tee. !n addition to all powers of Trustee arising as a matter of law� Truste�shall ha�e the power to
<br /> take the following actions with respect to the Property upon the written request oi Lender and Trus�or: {af jain in
<br /> preparing and filing a map or plat vf #he Rea� Prvper�y, includ'+ng the dedication of streets or other rights to the
<br /> public; �b� join in granting any �asemen# or creating any restriction on th� Real Proper#y; and �cy join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest❑f Lender und�r this ❑eed of Trust.
<br /> Trustae. Trustee shall meet all qualifications �equired for Truste� under applicable law. In addition tv the r�ghts
<br /> and remedies set forth abo��, w�th respect t❑ ail or any part ❑f the Prvperty. the Trustee shall ha�e the right tv
<br /> fore�iose by notice and sa�e, and Lender shall ha�e the right tv foreclose by judicial �oreclasure. in either case in
<br /> a�cordance with and to the full extent pro�ided hy applicable law.
<br /> Successor Trustee. Lender, a#Lender's optivn, may from time to time appaint a successor Trustee to any Trustee
<br /> appninted under this ❑eed of Trust by an instrument executed and acknowledged by Lender and recordsd in the
<br /> offic� vf the recorder of Hall Caunty, State of Nebraska. The instrument shall contain, in addition ta aii vther
<br /> matters required by state law, the names ❑f the ociginal Lender, Trustee, and Trustor, the baok and page �or
<br /> computer system �eferencey where this Deed of Trust is recorded, and the name and address ❑f the successor
<br /> �f115t@�� and the instrum�nt shall be exe�uted and acknowledged by aii the b�nefic'racies under this Deed af Trust or
<br /> their successvrs in interest. The successor trustee, without con��yanc� of the Property, shall succeed to all the
<br /> titie, power, and duties conferred upon the Trustee in this Deed of Trust and by appiicable law. This procedure�or
<br /> substitution of Trustee shal!go��rn to the exclusion of ali ather pro�isions#o�substitutivn.
<br /> N�TICES. Any nvtice required tv be gi�en under ihis Deed of Trus�, including withaut limitatian any notice of default
<br /> and any notice of sale shall b� gi�en in writ�ng, and shall be effecti�e when actually deli�ered, when actualiy recei�ed
<br /> by�eiefacsimile �unless otherwise required by lawy, when deposited with a nationally recvgnized v�ernight�ourier, ar, if
<br /> mailed, when deposited in the United States mail, as first class� c�rtified or regis#ered mail postage prepaid, directed to
<br /> the addresses shown near the beginning af this Deed of Trust. Ail copies v� notices of for�clasure from the holder of
<br /> any I�en which has pr�ority o�er this De�d o�Trust shall be sent ta Lender's address, as shvwn near the beginning af
<br /> this aeed of Trust. Any party may change its address for notices under th�s Deed of Trust by gi�ing formal written
<br /> nvtice tv the other parties. specifying #hat the #aurpose of the no#i�e is to change the party's address. For notice
<br /> purposes. Trustor agrees to ke�p Len�ier informed at all times of Trustor's�urrent address. lJnless atherwise prv�ided
<br /> or required hy law, if there 'rs more than vne Trustor, any notice gi�en by L�nder to any Trustor is deemed t❑ be notice
<br /> gi�en to all Trustors.
<br /> N115CELLANE�US PR�VIStDNS. The fo�iowing miscellaneous pra�isions are a part of this De�d of Trust:
<br /> Amendments. This Deed of Trust, together with any Related Docum�nts, constitutes the entire understanding and
<br /> agreement of the parties as to �he matters set forth in this Deed ❑f Trust. No altsratian of ar amendment to this
<br /> Deed a#Trust sha�� be e�fecti�e unless gi�en in wr�ting and signed hy the party or parties sought ta be charged or
<br /> bound by the aiteration or amendmsnt.
<br /> Annua! Reports. If the Property is used for purposes other than Trustor's resid�nce, Trustvr shall furnish to
<br /> Lend�r, upon reques#, a certi#ied statement af net operating income recei�ed from the P�operty during Trustvr's
<br /> pre�ious fisca� year in such farm and detail as Lender shall require. "Net vperating incvme" shall mean all cash
<br /> receipts frvm the Property l�ss all cash expenditures made in connect�on with the❑peration of the Property.
<br /> Caption Heedings. Caption headings in this Deed of Trust are for con�enience purposes only and are not to he
<br /> used�v interpret or define the pro�isions vf#his Deed of Trust.
<br /> Nlerg�r. There shall he no merger❑f#he interest or estat�created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefi#af Lender in any Gapacity, without the written cansent
<br /> �#Lender.
<br /> Ga�erning Law. This D�ed af Trust will be go�erned by federel law appiiceble to Lender and, to the axtent not
<br /> preempted hy federal law.the lews af thg 5tate vf Nebraaka wi#hvut ressrd to its cvn�ticts of law pro�isions. This
<br /> Deed o�Trust has been a�cep#ed by Lender in the S#ate vf Nebraska.
<br /> Chvice of Venus. If there is a lawsuit, Trusto� agrees upon Lender's request to submit ta the jurisdiGtion of the
<br /> courts vf Hall County, State vf Nebraska.
<br /> Nv Vll�i�gr hy Lender. Lender shal� not be deemed to have wai�ed any rights under this Deed o#Trust unless such
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