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2� 17� 1425
<br /> DEED �F TRUST
<br /> �C�ntinued} Pa�e �
<br /> under this ❑eed of Trust, under the Note, under any af the Related �ocuments� or under any other agreemsnt vr
<br /> any laws now or hereafter in for�e; notwithstanding. some vr all of such indelat�dness and obligatians secured by
<br /> this Deed vf Trust may now or hereafter b� o#herwise secursd, whether by mortgage, deed vf trust, pledge, lien,
<br /> assignmen# ❑r atherwise. Neither the acceptan�e o# this i��ed flf Trust nor its enforcement, whether by court
<br /> action ❑r pursuant to the pvwer of sale or oth�r powers conta�ned in #his Deed of Trust, shall prejudice or in any
<br /> manner aff�ct Trustee's or Lender's right to r�aliie upon or enfvrce any other security now or hereafter held by
<br /> Trustee ar Lender. it k�eing agreed that Trustee and Lender. and each af them. shall be entitled ta enforce#his Deed
<br /> of Trust and any other security nvw vr hereafter held hy Lender or Trustee in such order and manner as they or
<br /> either of them may in their absalute discretion determine. No remedy conferred upon or reser�ed to Trustee or
<br /> Lender, is intended to b�exciusi�e ❑#any ather remedy tn this Deed of Trust vr by law prv�ided or permitted. but
<br /> each shall�be cumufati�e and shall be in addition tv sWery vther remedy gi►►en in this D�ed of Trust or now ❑r
<br /> hereafter existing at 1aw❑r in equity or by statute. E�ery pow�r or remedy gi�en hy the Nvte or any o�the Re�ated
<br /> Documents to Trustee or Lender ar ta which either o� them may be atherwise entitled. may he exercis�d,
<br /> cancurrently or independently, from time tv time and as often as may be deemed expedient by Trustee❑r Lender,
<br /> and either of them may �ursus in�vnsistent remedies. N�thing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the exten�such action is permitted by
<br /> law. Election by Lender to pursue any rem�dy shall not exclude pursuit of any other remedy, and an election tv
<br /> make expenditures or tv take action tv perfarm an v�l�gation of Trustor under this Deed of Trust, after Trustar's
<br /> failure#o perform, shall nvt affect Lender's right to declare a default and ex�rcise its remedies.
<br /> Request for Notice. Trustor. ❑n behalf vf Trustor and Lender, hereby requests that a copy❑�any Notice of Default
<br /> and a copy of any Natice of Sale under this ❑eed ❑f Trust b� mailed to them at the addresses set forth in the #irst
<br /> paragraph af this Deed of Trust.
<br /> Attorneys' Fess; Expenses. I# Lende� institut�s any suit or action ta enfor�e any of the terms of this Deed of
<br /> Trust, Lender shail be entitied to reco�er such sum as t#�e court may ad�udg� reasvnab�e as attorneys' fees at trial
<br /> and up�n any appeal. Whether or nat any court action is in�ol�ed, and to the extent not prohibited by law� alf
<br /> reasonable expenses Lender incu�s that in Lender's apinion are necessary at any time for the protection vf its
<br /> interest or the enfarcement of its rights shali becvme a part of the Indebtedness payab�e�n demand and shall bear
<br /> interest at the Note rate frvm the date of the exp�nditure unti!repaid. Expenses ca�ersd by this pa�agraph include,
<br /> without I�m4tation� hvwe�er suhje�t to any limits under appli�abl� �aw, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or nat there is a lawsuit. including a##vrneys' fees and expenses 'ivr bankrup��y proceedings
<br /> �including efforts to modi#y ar�acate any autamatic stay ar injunction}, appeals, and any anti�ipated post-judgment
<br /> collectivn ser�ices, the cost o# searching rec�rds, obtaining titl� reports �inc�ud�ng fareclosur� reports�, sur�eyors'
<br /> reports, and appraisal fiees. title insurance, and fees for the Trustee, to the extent permitted by appli�abls law.
<br /> Trustor alsv will pay any caurt costs, in addit+on to ai�vther sums pro�ided by law.
<br /> Rights of Trustee. Truste�shal�ha�e all af the righ#s and duties vf Lender as set forth in this sectivn.
<br /> P�VIIER5 ANC]DBLIGATIDNS �F TRUSTEE. The #allvwing pro�isions relating ta the powers and vbligations o'�T�ustee
<br /> are part af this��ed of Trust:
<br /> Powers of Trustee. !n addition to all powers of Trustee arising as a matter of�aw, Trustee shall ha�e th� pawer to
<br /> take the following actions with r�spect to the Praperty upt�n the w�itten request o�L�nder and Trustor: �aj join in
<br /> preparing and filing a map or piat o� the Real Property, including the ded'+cation ❑f strests vr other rights tv the
<br /> pubiic; (b� jain in granting any easement ❑r creating any r�striction vn the Real Property; and tcy join in any
<br /> subordination o�other agresment affecting this Deed of Trust vr the interest�f Lender under this Deed o'f Trust.
<br /> Trustee. Trustee shall meet all qualificativns requ�r�d for Trustee under applicable law. In addition to th� rights
<br /> and remedies set #vrth abo��� with respe�t to all or any part of the Property, ths Trustee shall ha►►e the right to
<br /> fvreclose by noti�e and sal�, and Lender shall ha�e th� right to fvreclose by judi�ial foreclosure, in either case in
<br /> accardan�e with and tv the full extent pro�ided by appiicable law.
<br /> Succassor Tru�tee. Lender, at Lender's optivn, may from time tv time appo+nt a successor Trustee t❑any Trustee
<br /> appointed under this Deed af Trust by an instrument executed and acknowledged hy Lender and recorded in the
<br /> affice of the recorder of Hall C�unty, State of Nebraska. The inst�ument shall contain, in addition tv all vther
<br /> matters required by state law, the names of the �riginal Lender, Trustee, and Trustvr, the book and page �or
<br /> �vmputer system referencey where this aeed vf Trust is recorded� and the name and address vf the su�cessor
<br /> trustee� and the instrument shall be executed and acknowledged�y a11 the beneficiaries under this ❑eed of Trust or
<br /> #h�ir successors in interest. The su�cessar trustee. without con�eyance of the Pr�perty� shall succeed to all the
<br /> t�tle, power, and duties canferred upan the Trustee in this Deed of Trust and by appl+cab�e law. This procedure#or
<br /> substituti�n of Trustee shali go�ern tv the ex�lusion of all other pro►►isions for subst+tution.
<br /> N�TI�ES. Any notice required to be gi�en under this Deed vf Trust, including without I�mitatian any notice �f default
<br /> and any notice of sale shall he gi�en in wri#ing, and sha11 be efiecti�e when actually deli�ered, wh�n actualiy �ece+�ed
<br /> by telefacsimil� �unless vtherwise required by law}, when depvsited with a nativnally recvgnized o�ernight caurier, or, i#
<br /> mailed, when deposit�d in the United States mail, as #irst c�ass, �ertified or registered mail pastage prepaid, dirscted#o
<br /> the addresses shown near the beginnin� of this Deed vf Trust. A!4 copies �f notices of fore�lvsure fr�m the hvlder vf
<br /> any �ien which has priority ❑�er this Deed of Trust shall be sent tv Lender's address, as shawn n�ar the beginning ❑f
<br /> this Deed of Trus#. Any party may change its address for nvtices under this Deed of Trust by gi�ing formal written
<br /> notice to the other parties, spec�fying that the purpose of the nvtice is to change the party's address. For noti�e
<br /> purpvses, Trustor agrees to keep Len�er infiorm�d at all times af Trusior's current address. Unless atherwise pro�ided
<br /> or required by law, if there is more than ane Trustor, any notice gi�en k�y Lender tv any Trustar is deemed tv he nvtice
<br /> gi�en tv all Trustars.
<br /> M15CELLANE�US PR�ViSl�NS. The fnll�wing misce�laneous pro�is�ons a�e a part�f this Deed of Trust:
<br /> Amendments. Th�s Deed of Trust, toge�her with any Related Do�uments, constitutes the entire understanding and
<br /> agreement af the parties as t� the matters set forth in this Deed o#Trust. No alteration af vr amendment to this
<br /> De�d of Trust shall be effecti�e uniess gi�en in wri#ing and signed by the party ❑r parties sought to be charged or
<br /> baund hy the afterativn or amendment.
<br /> Annu�l Reparts. !f #he Property is used for purp�ses ather than Trustor`s residence, Trustor shall furnish to
<br /> Lender, upon r�quest, a csrtified sta�ement of net operating income recsi�ed fr�m the Property during Trustor's
<br /> pre�ious #iscal year in such form and dstail as Lender shal! require. "Net vperating incam�" she�l mean all cash
<br /> receipts from the Prope�ty less all cash expenditures made in cannectivn with the�peration of the Property.
<br /> Captivn Headings. Caption headings in this Deed of Trust a�e for con�enience purp�ses only and are not t❑ be
<br /> used to interpret❑r de�ine the p�v�is�ans of this Deed of Trust.
<br /> Illlergsr. Thsre shall be nv merger o�the interest or es#ate created by this []eed o#Trust with any other interest or
<br /> estate in the Property at any time held by ar for the benefit of Lender in any�apacity, withvut the written cvnsent
<br /> vf Lender.
<br /> Go�erning Law. This Deed of Trust will be go�erned by federal iaw applicable to Lendsr and, to the extent nvt
<br /> preempted by feder�l law,the laws o#the 5tate of Nebrask�w'rthout regerd to its canflicts of lew pro��sions. This
<br /> Deed of Trust has been accepted hy Lend�r in the Sta#e of Nebraska.
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