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2� 17� 1599
<br /> DEED �F TRUST
<br /> tCantinued� pa�e �
<br /> performance vf any indebtedness or ohligat�ons secursd by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents, vr under any other agreemen# or
<br /> any laws now or hereafter in force; n�twithstanding, svme or a�l of such �ndebtedness and �hligations secured by
<br /> this D��d of Trust may now or hereafter be otherwise secured, wh�ther by mortgage, deed vf trust, pledge, lien,
<br /> assignment vr otherwise. Neither the acceptance of this Deed af Trust nor its enforcement, whether by court
<br /> action vr pursuant to the power af sale ar vther pawers contained in this Deed vf Trust� shall prejudice or in any
<br /> manner affect Trustee's vr Lender's right to realize upvn ❑r enfvrce any vther security nvw o�r herea#ter held by
<br /> Trustee vr Lend�r, i#being ag�eed that Trustee and Lender, and each❑f them, shall be entitled tv enfvr�e this D�ed
<br /> of Trust and any other seCurity now or hereafter held by Lender or Trustee in such ❑rder and manner as they vr
<br /> either vf them may �n their absolute discretivn determine. Nv remedy c�nferred upon or res�r�ed #o Trustee ❑r
<br /> Lender. is intended to be exclusi�e of any vther remedy in this Deed vf Trust or by law prv�ided or permitted, hut
<br /> each shai! be cumulati�e and shall be in addition tv e�ery other remedy gi�en in this Deed o# Trust or now or
<br /> hereafter existing at law or in equity vr by statute. E�ery power or remedy gE�en by the Nvte or any of the Related
<br /> �ocuments t❑ Trustee or Lend�r or to which either of them may be vth�rwise entitled, may be exercised,
<br /> con�urrently ar independently, #rom time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue incvnsistent reme�ies. Nothing in this Deed of Trust shall be �onstrued as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor tv the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy sha�l not exclude pursuit o# any other remedy, and an electivn to
<br /> make expenditures or to tak� action tv perfvrm an abligation of Trustor under this Deed of Trust� after Trustor's
<br /> failure#v perform, shall nat affec#Lender's right tv declare a defau�t and exercise its remedies.
<br /> Request far Notice. Trustor, on�ehal#of Trustar and Lender, hereby rsquests tha#a copy vf any Notice af Default
<br /> and a capy af any N�tice o�Sale under this Deed �f Trust be mailed to them at the addresses set#orth in the first
<br /> paragraph o#this❑eed�f T�ust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or act�an to enforce any ot the terms vf this Deed of
<br /> Trust, Lender shaf� k�e entitled to reco�sr such sum as #he court may adjudge reasanable as attorneys' fees at triai
<br /> and upon any appeal. Whether or not any court actiQn is in�ol�ed. and to the extent not prvhibited by law� all
<br /> reasonable expenses Lender incurs that in Lender's vp�nion are necessary at any time far the pratection of its
<br /> interest or the enforcement vf its rights shall become a part af the Indebt�dnsss paya�le on demand and shall bear
<br /> interest a��hs Note rate�rom the da#e of the expenditure until repaid. Expenses co�ered by thFs paragraph include,
<br /> withaut limi�ation. h�we�er subject ta any limits under applicable law. Lender's attorneys' fees and Lender's lega�
<br /> expenses, whether or not there is a �awsuit. including attorneys' fees and expenses for bankruptcy praceedings
<br /> �including eff�rts to modify or�acate any automatic stay or injunctiony, appeals, and any anticipated post-judgmen�
<br /> callection ser�i�es, the cost af searching records, obtaining titi� r�ports �including foreclosure reports�, sur�eyvrs'
<br /> reparts, and appraisal fees, title insurance, and fees for the Trust�e, to the extent p�rmitted by applicable law.
<br /> Trustor also will pay any�vurt costs, in add�tian tv afl other sums pro�ided by law.
<br /> Rights oi Trustee. Trustee sha��ha�e a!I of th�rights and duties of Lender as set forth in#his s�ction.
<br /> P�VIIERS AN� DBLICATIQNS �F TRUSTEE. The fvllowing pro�isions reiating #�the powers and vbligations of Trus�e�
<br /> are part of this Deed o#Trust:
<br /> Powers of T►ustee. In addition ta all powers of Trustee arising as a matter of law, Trustee shall ha�e the power to
<br /> take the foffowing acfions wfth respect t❑the Property upan the written requsst of Lend�r and T�ustor: �a}join in
<br /> preparing and filing a map ar plat of the Real Prvperty, includ+ng the dedication of streets ar other rights tv the
<br /> public; �by join in granting any easement or creating any r�striction on th� Rea! Property; and �c� join in any
<br /> suhordinatian or other agreement affe�ting this ❑esd of Trust ar the interest of Lender under this Deed of Trust.
<br /> Trustee. Trus#ee shall meet ali quaiifi�a#ivns requir�d for Trustee under applicable law. !n addition to the rights
<br /> and r�medies set fvrth abo�e, with respect tv all or any part of the Prop�rty. the Trus�ee shal� ha�e the righ# #o
<br /> fareclose by notice and sale. and LendQr shall ha�e the right to foreclose by judicial foreclosure, in either �ase in
<br /> accvrdance with and to the full extent pro�ided by applicable law.
<br /> Succ�ssor Trustee. Lender, at Lender`s option, may frvm time to time appoint a successvr Trustee tv any Trustee
<br /> appointed under this Deed �f Trust by an instrument executed and acknowledged hy Lender and r���rded in th�
<br /> offic� of #he reco�der oi Hall Caunty, State vf Nebraska. The instrument shall contain, in addition to all other
<br /> matters requ�r�d by state law, the names of the vriginal Lender, Trus�ee, and Trustor, the book and page �vr
<br /> computer system referencef where this Deed of Trust is re�orded, and the nam� and address o# the successar
<br /> trustee, and the instrument shall be executed and a�know�edged by all the beneficiaries under this Dssd�f Trust or
<br /> their successors in interest. The su��essvr trustee, without cvn�eyance vf the Property, sha�l succeed to a,ll the
<br /> title, power, and duties conferred upvn the Trustee in this Deed of Trust and by appf�cab�� law. This pracedure for
<br /> substitutian of Trustee shall go�ern ta ths exclusion of all vther prv�isions#or substitutian.
<br /> NDTICES. Any notic� required ta be gi�en under�his C]eed af Trust, including without limitativn any nvti�e of default
<br /> and any notice vf sale shall be gi�en in writing, and shall be effecti�e when actually de#i►►ered, when actually recei�ed
<br /> by telefacsimile �uniess otherwise required by law�, when deposited with a nativnally re�ognized o�ernight courier, ❑r, if
<br /> mailed, when deposit�d in the United States mai�, as �irst�lass, certified or reg+stered mail postage prepaid, direc�ed tv
<br /> the address�s shvwn near the heginning nf this Deed of Trust. All copies af notices of foreclvsure fram the holder af
<br /> any �ien which has priority o�er this Deed of Trust shall be sent t� Lender's address, as shown near the beg�nning af
<br /> this Deed of Trust. Any party may change its address for notices under this D��d of Trust by gi�ing fivrmal written
<br /> nv#ice to the othsr parties, specifying that the purpose vf th� no#ice is to change the party's address. Fvr noti�e
<br /> purpases. Trusto�agrees t� keep Lender in#ormed at all tim�s of Trustor's current address. Unless otherwise pro�Eded
<br /> or required by �aw, if there is more than one Trustor, any notice gi�en hy Lende�to any Trustor is deemed to be notice
<br /> g+�en to all Trustvrs.
<br /> M15CELLANE�US PRQVISIDNS. The following m�scellanevus pro�isions are a part of this Deed of Trust:
<br /> Amendments. This Deed ❑#Trust, tagether with any Related Documents, constitut�s the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed o#Trust. Nv alterativn of or amendment tv this
<br /> Deed of Trust shal� be ef#ecti�e unless gi�en in writing and signed hy the par#y or parties svught to b� charged vr
<br /> bvund k�y the alteratian or amendment.
<br /> Annuai Repvrts. If #he P�operty is used fvr purpvses other than Trustor's residen�e. Trustar shall furn�sh to
<br /> L�nder. upon request. a certified statement of net operating income rscei�ed from the Praperty during Trustar's
<br /> pre�ious #iscal year in such farm and detail as Lender shafl require. "Net vperating income" shall mean all cash
<br /> receipts fram the Propsrty less all cash expenditures made in connection with the opera#i�n vf the Property.
<br /> Gaption Headings, Caption headings in this Deed of Trust are for con�enience purpvses only and are not to be
<br /> used tv int�rpret ar de#ine the pro�isions of this Deed af Trust.
<br /> Merger. There sha�f he no merger of the interest or esta�e created �y this Deed of Trust with any other interest or
<br /> estate in the Property a# any timQ held hy or for th� benefit vf Lender in any �apacity, without the written cvnsent
<br /> of Lender.
<br /> Go�erning Law. This �eed of Trust will be go�erned by federal law applicable to Lender �nd, to the extent nat
<br /> preempted by federal law,the laws of the State of Nebraska w�thou#regerd ta its conflicts of law pra�isions. This
<br /> �eed of Trust has been ac�epted by Lender in th�State of Nehreska.
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