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2� 17� 1341
<br /> DEED �F TRUST
<br /> Loan No: 'I�'I 3��9�9 �C�ntillued� Page �
<br /> either ❑f th�m may in their absolute discretEon determine. No remedy conferr�d upan or reser�ed ta Trustee ❑r
<br /> Lender, is �ntended t❑ be exclusi�e a�any o�her remedy in th�s Deed ❑f Trus�❑r by law pro�ided or permitted, bu�
<br /> each shall be �umulati�e and shall be in additian to e�ery ❑ther remedy gi�en in this Deed vf Trust or now or
<br /> hereafter exisfiing a�[aw or in equity ar by stafiute, Every pvwer ar remedy gi�en by the Nate ar any of�he Related
<br /> Dv�uments �o Trustee or Lender ar to which either af th�m may be otherwis� entitEed, may be exercised,
<br /> concurren#ly ar Endependent[y, from time ta time and as ❑ften as may b� deemed expedient hy Trustee ar Lender,
<br /> and either of th�m may pursue incvnsistent remedies. NothEng in this Deed o� Trust shall be cvns�rued as
<br /> prvhibiting Lender from se�king a deficiency judgmenfi against fihe Trustor to the extent such action is permi�ted by
<br /> law. EEectian by L�nd�r tn pursue any remedy shall not exclude pursuit of any o�he� remedy� and an e�ection to
<br /> make expenditures or to take action ta p�r�orm an o}�ligation af Trustar under this Deed ❑t Trust, after Trustor's
<br /> #ai�ure tv perform. shai� not affect Lender`s right t❑declare a defau[t and ex�r�ise its r�medies.
<br /> Request fvr Notice. Trustar, an behai�v�Trustor and Lender, hereby requests that a capy❑f any Notice of❑e�ault
<br /> and a copy af any N�tic� af Sale under this Deed ❑f Trust be mai[ed t❑them a�the addresses set forth in the �irst
<br /> parag�aph❑f�his Deed o#Trust.
<br /> Attorneys' Fees; Expenses. 1� Lender institutes any sui� or action t� en�arce any of the te�ms o� this Deed of
<br /> Trust, Lender shail be entit�ed tv reco�er such sum as the cour�may ad�udge reasonab[e as a�torneys' fees at tr�al
<br /> and upon any app�al. VIlhe�her ❑r n�t any cour� action E5 in�o��ed, and tv the extent nat prahibited by law, all
<br /> r�as�na[�i� expenses Lender incurs that in Lender's opinion are necessary at any time �ar the protectian ofi its
<br /> interest�r the enfarcement of its rights shall become a part of�he indebtedness payab[e vn demand and shall bear
<br /> interest a�the Note rate from the date❑f the expenditure until repaid. Expenses covered by this paragraph in�lude,
<br /> without �imitat�on, howe�er subjec��a any limits under applicable law, Lender's attorneys' fees and Lender`s lega[
<br /> expenses, wheth�r ar nat �here is a lawsuit, inciuding attorneys' ��es and expenses �ar }�ankruptcy proceedings
<br /> {including efforts to modify or vacate any au�ama�ic stay ar injunc�tion}, appeals, and any anti�ipated post�udgm�nt
<br /> collection ser�ices, the cost o�sear�hing records, obtaining ti�le reports {including foreciosu�e repvr�s�, surveyars'
<br /> reports, and appraisa[ fees, titEe insurance, and fees for the T�ustee, ta the extent permit�ed by applicable �aw.
<br /> Trus�or alsa wi[[ pay any caurt costs, in addition�� aI[ vther sums p�v�ided by law.
<br /> Rights a�Truste�. Trus�ee sha[[ have all ❑f the rights and duties o�Lender as set fvrth in thEs sectian.
<br /> P�WERS AND D6LlGATI�NS DF TRUSTEE. The �ollowing provisians refatEng ta the powers and vbligations of Trustee
<br /> are part❑�this Deed of Trust:
<br /> Powers of Trustee. ln addition t❑ all powe�-s of Trustee arising as a matter of iaw, Trustee sha[[ have th� pawer t�
<br /> take th� following actions with respe�t�o the Proper�y upan �he written request ❑f Lend�r and Trustor: �a} join in
<br /> preparing and fiEing a map ar piafi �f �he Rea[ Praperty, inc�uding the dedica�ian af sfiree�s or other rights t❑ the
<br /> public; �b} j�in in granting any �asement or creating any restriction an the Real Property; and tcy join in any
<br /> subordination ar❑ther agreemen�af�Fe�ting this Deed af Trus�or the int�rest o�Lender under this Deed��Trust.
<br /> Trustee. Trustee shaf[ meet all qualifica�ions required #ar Trustee under applicable Iaw. [n additian t❑ the rights
<br /> and remedi�s set for�h abo�e, with respect to all ar any part ❑�F the Praperty, the Trusfiee shall ha�e the right to
<br /> forec�ose by no�ice and sal�, and Lender shall ha�e the right t❑ foreclose by judicial farec[osure, in either case in
<br /> a�cordance with and�o�he�ul� ex�ent prv�ided by app�icable �aw.
<br /> Suc�essor Trust��. Lender� a� Lender's apti�n, may from time to time appoint a successvr Trustee to any Trustee
<br /> appvinted under this Deed ❑f Trust by an instrument executed and acknow[edged hy Lender and record�d in the
<br /> ❑ffice ❑f the �ecvrder o� HALL Counfiy, 5tate af Nebraska. The instrument shall cantain, in addition to ail other
<br /> ma�ters required by state iaw, �he names ❑f the origina[ L�nder, Trustee, and Trustvr, the taook and page tvr
<br /> computer sys�em referenc�} where this Deed o�f Trust �s recvrded, and the �ame and address ot the successar
<br /> trustee, and#he insfrument shall be executed and acknow�edged by aI[the b�neficiaries under this aeed o�Trust or
<br /> their successars in interest. Th� successor trustee, withaut �vn�eyance of the Property, shall succeed t� all �he
<br /> tit[e, power, and duties conferred upvn the Trust�� in this Deed o�Trust and by applicabEe law. This procedure fvr
<br /> substitution of Trus�ee shal! go�ern to the exc�usion of all ❑ther pro�isinns for suhsti�utian.
<br /> N�TICES. Any notice required �❑ be gi�en under this Deed of Trust, including withou� lEmitation any notice ❑f default
<br /> and any nvtice of sale shall be gi�en in wr�ting, and sha[l be effecti�e when actua[[y de[Evered, when ac�ua[Ey rec�ived
<br /> by te[efacsimiie {unless otherwise required by [awj, when deposited with a nativna[[y recognized o�ernight cvurier, or, if
<br /> mailed, when deposited in�he United 5tates mai[, as �irst class, certified or registered mai[ pvsfiage prepaid, dir�cted t❑
<br /> the addresses shawn near the beginning of�his Deed ❑f Trust. All copies ❑f na�ices ot foreclosure from the hvlder of
<br /> any iien which has priarity a�er fihis Deed ❑f Trust sha[I he sen� to Lender's address, as shawn near the beginning ot
<br /> thEs De�d of Trust. Any party may change its address for natices under this D�ed of Trust hy gi�ing �ormal written
<br /> not�ce ta the o�her par�ies, spe�ifying that the purpose ❑t the no�ice is �o change the party's address. Far notice
<br /> purpases, Trustor agrees to keep Lender intvrmed at all times of Trust�r's current address. L]n[�ss atherwise pro�ided
<br /> or required by �aw, if there is mvre than one Trustor, any natice gi�en by Lender t❑ any Trustor is deemed t❑ be notice
<br /> given ta a[�Trust�rs.
<br /> MlSCELLANEDUS PR�VI5I�NS. The-Fol[�wing miscellaneaus pro�isions are a part af this Deed ❑f Trust:
<br /> Amendments. This Deed ❑�Trust,together with any Related Dvcuments, canstitutes fihe entire unde�-standing and
<br /> agreem�nt vf the parties as tv the mat�ers set forth in this Deed of Trust. No alteration ❑f or amendment�a this
<br /> Deed of Trust shali be ef�ecfii�e unless gi�en in writing and signed by �he party ar parties sought to be charged or
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