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2� 17� 1382
<br /> DEED �F TRUST
<br /> �C�ntinued� Pa�e s
<br /> �c� Trustee may in the manne�pra►►ided hy law postpane sale of all or any portian of the Praperty.
<br /> Ramedies Not Exclusi�e. Trustee and Lender, and each of them, shall be �ntitled to enforce payment and
<br /> performance o#any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this ❑eed a#Trust, under the Nvte, under any of the Refated Do�uments. or under any other agreement or
<br /> �ny laws now or hereafter in #orce; notwithstanding, some or aff af such indeb#edness and abligat'tans s�cured by
<br /> this Deed vf Trust may now or h�reafter be otherwise se�ursd, whether by mortgage, deed vf trust. pledge. lien.
<br /> assignment or vtherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whsther by cvurt
<br /> action vr pursuant to the power of sale or ❑ther pvwers �ontained in this Deed �f Trust, shall prejudice or in any
<br /> manner affe�# Trustee's or L�nder's right to realize upon or enforce any other security now or hereafter h�ld by
<br /> Trustee ar Lender, it heing agreed tha#Trustee and Lender, and each of them, shall be entit�ed to enforce this Deed
<br /> of Trust and any other se�urity nvw vr hsreafter held by Lender ar Trustee in such order and manner as they or
<br /> either of #hem may in their absolu#e discretion determine. No remedy conferred upan or reser�ed tv Trustee or
<br /> Lender, is intended ta be exclusi�� of any other remedy in this Deed of Trust ar by law prv�ided ❑r permitted, hut
<br /> each shall be cumuiati�e and shall be in addition to euery other remedy gi�en in this Deed of Trust vr nvw or
<br /> her�after existing at law or in equity ar hy statute. E�ery power or remedy gi�en by the Note or any af the Related
<br /> Do�uments to Trustee or Lender or to which either of them may be otherwise entitled, may he exercised,
<br /> �oncurrently or indep�ndently, frvm time ta time and as aften as may be deemed expedient by Trustee vr Lender,
<br /> and either ❑f them may pursue inconsistent remedies. Nothing in this Deed of Trust shal� be constru�d as
<br /> prvhibiting Lender from seeking a deficiency judgment against th�Trustor to the extent such actian is permitted by
<br /> �aw. Election hy Lender to pursue any remedy shail no# ex�lude pursui� vf any vther remedy, and an electi�n to
<br /> make expenditures or to take action to perform an obligatian af Trustor under this D�ed of Trus#. aft�r Trus#or's
<br /> failure to perform, shal!nat affect L�nder's ri�ht tv declare a default and exercise its remedies.
<br /> Request for Natice. Trustvr, on behalf of Trustor and Lender, hereby requests that a copy of any Natice of❑efault
<br /> and a copy of any Notice of Sale under#his ❑eed o#Trust be mailed to them a��he addresses set forth in the first
<br /> paragraph❑f th�s Deed o#Trus#.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit vr action to enfor�e any a# the terms of this Deed vf
<br /> Trust, Lender shal� be entitled #� reca�er suGh sum as the cvurt may adjudge reasonable as attvrn�ys' fees at trial
<br /> and upon any appeal. Whe#her or nvt any court action is in�ol�ed. and to the extent not prohibited by law, all
<br /> reasvnable expenses Lender incurs that in Lender's opinion are necessary at any tims fvr the protectivn of i#s
<br /> interest or the enforcement of its righ#s shall become a part of the Indebtedness payable❑n demand and sha�! bear
<br /> intsrsst at the Nvte rate from the date of the expenditure unt��repaid. Expenses Go�ered hy this paragraph include,
<br /> without limitation, howe�er sub�ect to any limits under applicabl� law, Lend�r's attvrneys' fees and Lender's legal
<br /> expenses. whether or nv� there is a fawsuit, including attorneys' fe�s and expenses fvr hankruptcy proceedings
<br /> �including efforts ta mvdify or�acate any autvmatic stay ar injunction�. appeals� and any anticipated past-judgmen�
<br /> colle�tion ser�ices, the cost of searching records, obtaining title reparts �inc�uding foreclasure reportsf, sur�eyvrs'
<br /> reports� and appraisal fees, title insurance, and fees for the Trustee. to the extent permitted by appiicable law.
<br /> Trustvr alsv will pay any caurt�osts, in addition to all other sums pro�ided by law.
<br /> R�ghts af Trustee. Trustee shall ha�e all of the rights and duties ofi Lender as set forth in this sectivn.
<br /> P�WERS AND�BLIGATI�NS aF TRLISTEE. The fvllvwing prv�isivns relating ta the pvwers and vbligations vf Trustee
<br /> a re part of this Deed❑f Trust:
<br /> Pvwers of Trustee. In additian#o all pvwers❑f Trustee arising as a matter of law, Trustee shall ha�e the pawer to
<br /> take the fvllowing actions with respe�t to the Property upan the written request of Lender and Trustor: �ay join in
<br /> �reparing and �iling a map or plat of the Real Property. in�luding the dedication af st�eets ❑r a#her rights tv the
<br /> puhlic; �bf jvin in granting any easement ar �reating any restriction on the Real Praperty; and tc� join in any
<br /> subordination❑r other agreement affecting this ❑eed of Trust or the Enterest of Lender under this Deed�f Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. I n addition to the rights
<br /> and remedies set forth abo�e. wi#h respect to all or any pa�t of the Property, the Trustee shall ha�e the r�ght to
<br /> foreclose by notice and sale, and Lender shall ha�e the right ta for��losQ by judicial �ore�losure, in either case in
<br /> accvrdan�e with and to the ful!extent pro�ided by applicable iaw.
<br /> Su��essvr Trustee. Lender, at L�nder's optian, may from time#o t+m�appo'rnt a successor Trustee ta any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recarded in th�
<br /> affice of the recarder vf Ha�l Caunty, 5tate of Nebraska. The instrument shali contain, in addition to all other
<br /> m�tters required by state law, the names of the original Lender, Trustee, and Trustor, the baak and page �or
<br /> �omputer system referencey where this Deed ❑f Trust is recorded. and the name and address of the suc�essor
<br /> t�ustee. and the instrument shall be executed and acknowledged by all the beneficiaries undsr this Deed�f Trust or
<br /> their su��essors in interest. The suc�essar trustee, without cvn�eyance vf the Property, shall succeed ta all the
<br /> title, power, and duties canferred upan the T�ustee in this Deed of Trust and by app�icable law. This procedure fvr
<br /> substitution of Trustee shall go�ern to the exclusivn of all other pro�isians fvr substitution.
<br /> N�T�CES. Any notice required to be gi�en under this Deed vf T�ust, including without limitation any notice of default
<br /> and any natice of sale shall b� g+►►en in writing. and shall b� ef#ecti�e when actua�ly deli�ered, wh�n actually recei�ed
<br /> by telefacsimile (unless o#herwis� required hy lar►vy� when deposi�ed wi�h a nationally recognized o�ernight caurier, or, if
<br /> mailed, when deposited in the United 5tates mail, as first class, Gertified or registered mail pvstage prepaid, directed to
<br /> the addresses shawn near the beginning of this Dsed of Trust. All c�pi�s of notices �f forecfvsure #r�m the hvld�r vf
<br /> any lien which has priority o►►e�this Deed of Trust shall be sent to Lender's address. as shown near the b�ginning of
<br /> this Deed nf Trus#. Any party may change i#s address for notices under this Deed of Trust by gi��ng formal writ#en
<br /> notice to th� other parties, spec��ying that the purpose of the natice is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender infvrmed at all times of Trustor's current address. Unless❑therwise pro�ided
<br /> vr required by law, if there is mvre than one Trustor, any notice gi►►en hy Lender t❑ any Trustor is dsemed to he notice
<br /> gi�en to ai�Trustors,
<br /> MIS�ELLANE�US PRQVISI�NS. The following miscelianevus pro�isi�ns are a part vf this Deed of Tcust;
<br /> Amendments. This Deed o�Trust, together with any Related ❑ocuments. c�nstitutes the�ntire understanding and
<br /> agreement �f the parties as tv the matters set �orth in this Deed of Trus�. No al#eration of or amendment to this
<br /> Deed of Trust shall be effe�ti�e unless gi�en in writing and sfgned by the party or parties sought to he �hargsd or
<br /> bound by the alterati�n vr amendment.
<br /> Annuai Reports. If th� Property is used for purposes other than Trustor's �es�dence. Trustvr shall furnish to
<br /> Lende�, upon request� a certified statement of net operating income recei�ed from the Praperty during Trustor's
<br /> pre�ivus �iscal year in such form and detail as Lender shall require. "Net operating incame" shall mean all cash
<br /> re�eipts from the Prope�ty�ess all cash expend�tures made in connection with the operation vf the Property.
<br /> Caption He�dings. Captivn headings in this ❑e�d af Trust are far con��nience purpvses only and are not tv he
<br /> used to interpret or define the pro�isians of this Deed of Trust.
<br /> Merger. There shall he no merger o#the interest or estate created by this Dsed�f Trust with any❑ther in�erest or
<br /> estate in the Property at any time held by ar for the benefit vf Lender in any capacity, without the written consent
<br /> of Lender.
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