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2� 17� 1592
<br /> DEED DF TRUST
<br /> �Contir�ued� Page �
<br /> any laws now vr herea�ter in farce; natwithstanding, svm� or aff ❑f such indebtedness and vbligations se�ured by
<br /> this ❑eed o�Trust may norrv or hereafter be otherwise secured, whether by rnortgage, deed of�rust, p[edge, lien,
<br /> assignment or otherwise. Neither the acceptance of this D�ed ❑� Trust nor i�s enfvrcement, whether by court
<br /> a�tion or pursuant to �he power of sale or other p�wers c�n�ained in �his C7eec vf Trust, shall pr�judice or in any
<br /> manner a��ect Trustee's or Lender's right �o reaii�e upan �r en#vrce any other s�curi�y nvw or herea�ter held by
<br /> Trustee vr Lender, it being agreed that T�ustee and Lender, and each o�them,.srall be en�i�led�o enforce this Deed
<br /> of Trust and any ather security n�w or herea�ter held by Lender or Trustee in such order and manner as they ar
<br /> either o� them may in their absv�ute dis�r�tion determine. Nv remedy conferred upon �r reser��d to Trustee vr
<br /> L�nd�r, is intended to be excius��e o�any other remedy in thi� Deed �fi Trust a� by law prv�ided or perm�tted, bu�
<br /> each shal� be cumulati�e and shali �e in add�t�vn to e�ery o�her remedy gi�en in this Deed of Trust or now or
<br /> her�a�ter exis�ing at law or in equity ar by statute. E��ry power vr remedy gi�e� by the Note or any of the Rela�ed
<br /> Dvcuments to Trustee or Lender or tv which either ofi �hem may be othervvise en�itfed, may k�e exercised,
<br /> concurrent�y or independently, from time tv time and as ❑ften as may he d�emed expedient by Trustee or Lender,
<br /> and either v� �hem may pursue inc�nsis�ent rem�dies. Nothing in fihis Dee� of Trust shafl be canst�-ued as
<br /> prohibiting Lender�rom seeking a defi�iency judgment against the Trustor to the ex�ent such ac�ion is permitted by
<br /> law. Electian by Lender to pursue any remedy shall na� ex�lude pursuit vf an� ❑�her remedy, and an �lection �o
<br /> make exp�nditures or tv take a�tion to perform an ol�iigation a# Trustar under this Deed vf Trust, after Trustor's
<br /> �ailure to per�orm, shall not affect Lender's right to declare a de�ault and ex�rcise its remedies.
<br /> Request for Nvtice. Trus�or, on behaff af Trustor and Lender, her�by requests that a�opy of any Notice of Default
<br /> and a �vpy �f any Notice of Sale under this Deed af Trust �e maiied to them at the addresses set fvrth in the ���st
<br /> paragraph of this ❑eed of Trust.
<br /> A�orneys' Fees: Expens�s. If Lender institut�s any suit or action to en��r�� any o� the terms of this Deed of
<br /> Tru�t, Lender sha(I be entitied ta reco�er su�h sum as the court may adjudge re�sanab�e as attorneys' fees a�trial
<br /> and upon any appeaf. Wheth�r or not any cvurt action is in�ol�ed, and to th� extent not prohibited by law, all
<br /> reasonahle expenses Lender incu�s that in Lend�r's vpinion are n�cessary at any tim� for the protecfiivn of its
<br /> interest or the�nfor�em�nt v�its rights shall becvme a par�of the Indebtedness payable on demand and shall hear
<br /> interest at the No�e ra�e from the date of the expenditure un�il repaid. Expenses cv�ered by this paragraph include,
<br /> without lim�tation, hawe�er su�ject tv any limits under applicable �aw, Lender's attorneys' fees and Lender's legal
<br /> exp�ns�s, whe�her vr n�� there is a lawsuit, in�luding a�torneys' fees and ex�enses far bankruptcy proceedings
<br /> �including e�forts�o madify or�acate any autamat�c stay or in�unctiony, appeals, and any anticipated post-judgmen�
<br /> collection ser�ices, the �ost �f searching records, abtaining titie reports tincluding foreclosure reports�, sur�eyors'
<br /> reports, and appraisal �ees, title insuran�e, and f�es for the T�ustee, t❑ the e.�c�en� permitted �y app��cabie law.
<br /> Trustor also o�vill pay any Gvur��vsts, in addition to a[I other sums pro�id�d by �a��nr.
<br /> Rights af Trustee. Trus�ee shall have all vf�he rights and duties of Lender as se� ��rth in this se�tion.
<br /> PQWERS AND �BLIGATI�NS OF TRUSTEE. The following prv�isivns relating to the powers and vbligafiions of Truste�
<br /> are parfi o�fihis �eed of Trust:
<br /> Pawers of T'rus�tee. ln additian to all pov►rers of Trustee arising as a matter af 1a��v, Trustee sha�l ha�e the pvwer ta
<br /> take the �ol�awing a�tivns w�th respect tv the Proper�y upvn the written reques� of Lender and Trustor: 4a} join in
<br /> preparing and �iling a map or p�at a� the Real Property, including the dedication of streets ar ofiher rights to the
<br /> public; �b3 jo�n in granting any eas�m�nt or Greating any restric�ion on the Feal Praperty; and �c} jain in any
<br /> s�rbordination or other agreemen�affecting this 17eed a�Trust or the interest v�F Lender under this Deed of Trust.
<br /> Trustee. Trustee sha�i mee� all qualifications required fvr Trustee under applica�le �aw. fn addition to the rights
<br /> and remedies set �vrth abv�e, wi�h respect tv afl vr any part of the Property, �h� Trustee sha�l ha�e the right to
<br /> foreclase by notic� and saie, and Lender shall ha�e the right ta foreclose by �u�icial foreclosure, in either case in
<br /> accordance with and to the ful!extent pro�ided by appli�able law.
<br /> Successor Trus�ee. Lender, at Lender's optian, may from time to time appoin�� su��essar Trustee �a any Trus�ee
<br /> appointed under this Deed of Trust hy an �nstrument executed and acknowledced by Lender and recorded in the
<br /> office af the recorder o� Hall County County, State �f Nei�raska. The instrument shall cantain, in addit�on to a11
<br /> other matters required by state law, the names of the original Lender, Trustee, and Trustor, �he book and page �or
<br /> computer sys�err� reference� where this Deed vf Trust is re�orded, and the n�me and address of the sucCessor
<br /> trustee, and the ins�rument shalf be ex�cuted and a�knvw�edged by all�he beneficiaries under this Deed of Trust or
<br /> the�r successars in interes#. The successor truste�, without con�eyance of th� Proper#y, shall succeed to al1 the
<br /> title, power, and duties conferred upvn�he Trustee in this Deed vf Trust and by�pplicable �aw. Th�s p�o��dure far
<br /> substitution af Trustee shall go�ern t❑the excfusion of all other pro��sions�a�substitution.
<br /> N�TIGES. Any notice required to be gi�en under this Deed ❑f Trust, including with�ut limita�ivn any no�ice �f de�auit
<br /> and any nvfii�e of sale sha{� be �i�en in wri�ing, and shall be effecti�e when actuafl� deli�ered, when ac�ually recei�ed
<br /> hy telefacsimi�e tunless otherwise r�quired by law}, when deposited wi�h a nationalfy recognized o��rn�gh��ourier, or, if
<br /> mailed, when depos�ted in the United 5tafies maii, as �irst class, certified vr regis�ered mail postage prepa�d, directed �o
<br /> the addresses �hQwn near�he beginning of this ❑��d ��Trust. Aii cvpies v� notice� of fore�losure from the holder of
<br /> any lien which has pri�rity o�er this ❑eed of Trust shafl be sent �o Lender's add�ess, as shown near the heginning of
<br /> this Deed of Trust. Any party may change its address #or notices under fih�s Deed af Trust by.gi�ing �ormal written
<br /> notice �o the v�her parties, specifying that the purpvse of the notice is to changE the party'� address. Far notice
<br /> purposes, Trustor agrees�❑ keep Lender informed at all �imes of Trustor's current address. Un{ess otherwise pro�ided
<br /> or required by �aw, if�here is mare than one Trusto�-, any notice gi��n by Lender to Gny Trustor is deemed to be no�ice
<br /> gi�en to�ff Trustors.
<br /> M�S�ELLANE�VS PRDVIS��NS. The foflawing m�scel�aneous pro�isions are a par�o�f this De�d vf Trus�:
<br /> Amendments. This Deed o�T�-us�, toge�her with any R�fated Documents, constitutes the entire understanding and
<br /> agreement of th� parti�s as to the matters set for�h in this Deed of Trus�. No ��te�atian a�vr amendment tv this
<br /> aeed o�Trus�shalf be effecti�e unless gi�en in writing and signed by the party or parties sought ta be charged vr
<br /> bvund by the alteration or amendment.
<br /> Annual Reports. ff the Property is used for purpos�s ofiher than Trustar's rasidence, Trust�r shall furnish �o
<br /> Lender, upon request, a �ertified statement o� n�t operating in�ome recei�ed f-om �he Praperty during Trustor's
<br /> p�e�ious �iscal yea� in su�h form and detaif as Lender shalf requir�. "N�t vper.�ting income" shall mean a!I cash
<br /> receipts�from the Property�ess all cash exp�nditures made in cvnnectian with thE operation of th� Property.
<br /> �aption Headings. Caption headings in this Deed �f Trus� are �ar con�enienc� purposes only and are nvt to be
<br /> used to interpret or define the pro�isions vfi this Deed of Trus�.
<br /> Merge�. There shal� be nv merger vf the interest or estat� crea�ed by this Deed of Trust with any other interest or
<br /> estate in the Property a�any time held by or�or the bene�it of Lender in any ca�aci�y, wi�hou�the written consent
<br /> of Lender.
<br /> Go�ern�ng Law. This Deed �� Trust wili be go�erned hy �ederal �aw applicablE ta Lend�r and, to the extent nv�
<br /> preempted by federal iaw,the laws of�he State vf Nehraska wi#hvut regard to i�,s cvn#licts o#larnr pro�isions. This
<br /> Deed o#Trust has been accepted by Lender in the State of Nehraska.
<br /> Chvice �# Venue. [f there is a lawsuit, Trustor agrees upvn Lende�'s request t�a submi� to the jurisdiction of the
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