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2� 17� 1574
<br /> vEEv �F T�usT
<br /> ��onti�lued� Pag� 6
<br /> assignment or othe�w�se. Nei�her �he acceptan�e of this �eed o� Trust no� its enforcement, whether by caurt
<br /> ac�ion or pursuant to the power of sale vi� vther powers contained in this Deed of Trus�, shall prejudice or in any
<br /> manner affect Trustee's or Lender's �right �a realize upon or enforce any ❑ther security nvw or herea�ter held by
<br /> Trustee or Lender, it being agreed that Tru:stee and L�nder, and each o�them, shall be en�itled#v enf�rce this [�eed
<br /> ofi Trust and any vther security n�w or hereafter held by Lender ar Trustee in such order and manner as they vr
<br /> either o# them may in �heir abso�ute discr�etion determine, No remedy conferred upvn �r r�ser��d to Trustee or
<br /> Lend�r, is intended to be exclusi�e o�any othe� remedy in this ❑eed of Trust ar by law pro�ided or pe�mit�ed, t�ut
<br /> each shal� be cumulati�e and shal! he in additian to e�ery o�her remedy gi�en in this Deed o� Trust vr now or
<br /> hereafter existing at law ar in equity a�by s�atute. E�ery power❑r remedy gi�en hy th� Not�❑r any a#the Related
<br /> Documen�s #o Trustee ar Lende� or tv v►rhich either of them may be otherwise entitled, may be exercised,
<br /> �ancurrently or independently, from time to time and as of�en as may be deemed exp�di�nt by Trustee or Lender,
<br /> and �ither ❑f them may pursu� inconsisten� remedies. Na'�hing in this Deed af Trust shall be construed as
<br /> pr�hihitin� Lender�rom seeking a de�icienc,y judgmen�agains�the Trustar to the extent such acti�n is permitted by
<br /> law. Election by Lender to pursue any remedy shall n�� exclude pursuit of any ather remedy, and an ele�tion ta
<br /> mak� expendi�ures or to take action �to p�rform an obligation of Trustor under this Deed o� T�ust, after Trustar's
<br /> failure tv perform, sha�[ not a��ect Lender's right to declare a default and �xercise its remedies.
<br /> Request for Nat�ce. T�ust�r, on h�hal�of�T"rus�or and Lender, hereby requests�hat a copy of any Natice of Default
<br /> and a capy of any Notice o�Sa1e under�his Deed of Trust be mailed to them at the addresses set far�h in the firs�t
<br /> pa�agraph vf this Deed o�Trust.
<br /> Attvrneys' Fees; Expenses. If Lender inJtitu�es any suit or action �o enforce any ❑f the terms a� this Deed of
<br /> Trust, Lender shall be entit�ed ta reco�er su�h sum as the cour� may ad�udge reasonable as a�ta�neys' fees at triaf
<br /> and upon any appeaf. VIlhether or not ar�y court actior� is in�ol�ed, and to the extent not prohib�ted by law, all
<br /> reasonabie expenses Lender incurs �hat in Lende�-'s opinion are necessary at any t�me fo� �he protection of its
<br /> int�rest or the enforcement af its rights shall be�vme a part of the Indebtedness payable on d�mand and shall hear
<br /> �nterest at the No�e ra�e frvm the dat�a�th��xp�nditur� until repaid. Expenses�o�ered by this paragraph include,
<br /> without limitation, howe�er subje�t�o any I�mits under appli�able �aw, Lender's attorneys' fees and Lender's �egal
<br /> expenses, whether or not there is a lawsuit, including atto�neys' fe�s and expenses far bankruptcy �roceedings
<br /> �incfuding e��arts to modify or�a�ate any autamatic stay or injunctian�, appeals, and any anticipated post-judgmen�
<br /> collection ser�ices, the �vst of searching records, obtaining t�t�e reports �inciuding foreclvsure reparts�, sur�eyvrs'
<br /> repor�s, and appraisal fees, ti�le insuranc�;, and fees for the Trustee, t� the extent permi�t�d by appficable faw.
<br /> Trustor also wilf pay any�vurt cos�s, in addition to all other sums pro�id�d �y law.
<br /> Rights o�Trustee. Trustee shall ha�e all 01=the rights and duties�f Lender as set�orfih in�his sec�ion.
<br /> PDWERS AN� �BLI�ATIDNS �F TRUSTEE. Tl�e following provisions relating to the powers and obligations of Trustee
<br /> are part of�his Deed a�Trust:
<br /> Pnwers o'�Trustee. In add+ti�n to all powers of Trustee arising as a matter o�law, Trustee shall ha�e the power to
<br /> take the following a�tions w�th respect�o the Property upan the writt�n re�#uest a� Lender and Trus�ar: �ay join in
<br /> preparing and filing a map or pia� o� the Real Praperty, in�luding the dedica#ion o� streets or other righ�s to th�
<br /> public, �b� join in granting any easemen�t ar �reating an�y restric�ian on th� Real Property; and �c� ioin �n any
<br /> subardinativn or vther agreement affecting th�s Deed af Trus�or the in�eres�of Lender under this Deed a£Trust.
<br /> Trustee. Trustee shall meet afl quafificat�c7ns required �or T�uste� under appli�able law. ln addition to the righ�s
<br /> and remedies set forth a#ao�e, with r�sp�c�t to af� or any part a� the Praperty, the Trus�ee shaff ha�e the right �o
<br /> fore�lose by notice and sale, and Lender :�hafl ha�e �he r��ht to forec�ose by judicial foreclosure, in either case in
<br /> accordance with and t❑the full exten�pro�+ided by appf�cable �aw.
<br /> Successar T�us#ee. Lend�r, at Lender`s op�ion, may�rom time to time appoint a successor Trustee to any Trustee
<br /> appointed under this �eed af Trus�k by an instrument executed and acknowl�dged by Lender and recorded in the
<br /> office of the re�vrder of Ha�f County, St�te v� Nebraska� The instrumen� shall contain, �n additian tv all other
<br /> ma�ters requ�red by s�ate law, the name:� o� th� origina� Lender, Trustee, and Trus�vr, the bvok and page �or
<br /> camputer system reference� where this De�d o� Trust is recvrded, and the name and address o� the successor
<br /> trustee, and the instrument shall he executed and acknowledged hy all the �eneficiaries under this Deed o�Trus�❑r
<br /> their successors in interes�. The successc�r trustee, without �on�eyance of the Pr�per�y, shall succeed to a11 the
<br /> titl�, pvwer, and duties can�erred upan the Trustee in this De�d v�Trust and by appl�cable [aw. This procedure for
<br /> subs��tu�ivn ofi Trustee sha!!gv�ern�o�he��xclusion of alf oth�r pr��isions�or su�stifiutivn.
<br /> NOTICES. Any no�ice required to be gi�en unt�er this Deed of Trus�, in�luding without limitation any no�ic� of defauit
<br /> and any not��e o� sale shalf be gi��n in writing, and shall be effecti�e when actually deli�ered, when actually re�ei�ed
<br /> by telefacsim�le �unless o�herwise required by I�wy, when depasited with a nationally recogniz�d o�ernight courier, or, ifi
<br /> ma�led, when depasited in the Uni�ed 5tates mail, as f�rst c�ass, certi�i�d or registe�ed mail pos�ag� prepaid, directed tv
<br /> the addresses sho►rvn near the b�ginning of thi� Deed of T�ust. A!! c�pies �� notices of fvre�losure from the holder of
<br /> any lien which has pri�rity v��r this Deed of T�rus�t shall be sent to L�nd�r's addr�ss, as shown near the beginning �fi
<br /> th�s Deed of Trus�. Any party may change i�r address �or natices under �his Deed a� Trust by gi�ing �vrma[ writfien
<br /> noti�� �o the other parti�s, sp�ci�ying that th�� purpose of the notice is to change th� party's address. For not€c�
<br /> purposes, Trustor agrees �o keep Lender informed at all times af Trus�or's current address. Un��ss otherwis� pro�ided
<br /> or required by law, if�here is mvre than one Trustflr, any nvtice gi�en by Lender to any Trustor is deemed to be nvtice
<br /> given to a��T�ustflrs.
<br /> M�SCELLANEDUS PRQVIS�QNS. The foflowing m�sce[[aneous pro��sions are a part of�his Deed ❑fi Trust;
<br /> Amendm�nts. This Deed of Trust, together with any Related D�cuments, constitutes the�ntire understanding and
<br /> agreement of the parties as to �he matter� set fvrth in thi� Deed o�Trust. No afteratian vf vr amendment tv this
<br /> Deed vfi Trust shaff �e e�f�cti�e unless gi�en in wri�ing and signed #�y the party vr parties sought tQ be charged or
<br /> bound by the alteratian or amendment.
<br /> Annual Reports. �f the Property is used �or purposes o�her than Trustor's residen��, Trust�r shall furnish to
<br /> Lender, upon reques�, a certified statemec�t of net vperating income recei�ed from th� Prop�rty during Trus�or's
<br /> pre�ivus fis�a! year in sueh �vrm and det�i! as Lende� sha1� require. "Net vperating income" shaf� mean al� cash
<br /> receipts from th� Property less all �ash exp�enditures made in connection with�he aperatian of the Praperty.
<br /> Cap#ian Headings. �aptivn h�adings �n tr�is Deed of Tru�t are �or c�n��nience pu�poses only and are not t� be
<br /> used to interpret or defiine the pro�isivns v��this Deed of Trus�.
<br /> Merger. There shall he no m�rger o�the ir�teres�or es�a�e created by�his [Jeed ❑f Trust with any o�her interest or
<br /> estate �n �he Property at any time held �y ��r for the benefit of Lender in any capacity, withaut the writ�en cansent
<br /> of Lender.
<br /> Go�erning Law. This Deed of Trus� will E�e gv�erned by federal law applicabl� �v Lender and, tv the extent nvt
<br /> preempted by federal law,th�laws �f the S�a�e of Nebraska without regard to its canflicts v�law pro�isions. This
<br /> Deed of Trust has been ac�epted by Lende�r in the Sta�e of Nebraska.
<br /> Choi�e of Venue. lf th�r� is a lawsuit, Trus�vr agrees upon Lender's request to submit to the jurisdi��ion a� the
<br /> courts vf Hall County, State o�Nebraska.
<br /> Nv Wai�er by Lender. Lend��sha11 not be deemed to ha�e wai�ed any rights under this Deed of Trust unless such
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